Legally Sane

On 10/08/2021, A Division Bench of the Hon'ble Supreme Court of India in Criminal Appeal No. 1154 of 2018, titled Parubai Vs. The State of Maharashtra  has reiterated the principles relating to circumstantial evidence, wherein, the prosecution's case is that Gulab (A2) was married to the deceased Mandabai and they had two children, namely Akash and Nikita aged 5 and 2 years respectively. Gulab had an extramarital affair with the appellant (A1) and ultimately married her on 02/01/2006 and got their marriage registered on 18/02/2006. thereafter, Gulab and his wives started living together. The parents of Gulab were also living with them. Gulab had gone to Jalna on 02/08/2006 to procure tyres for the tractor and his mother had gone to her daughter's place to assist her for delivery.   on the intervening night of 2/3/08/2006 at about 2.30 to 3.00 am an incident of fire occurred and the house in which the appellant and her family were residing was engulfed in flames. The appel...

Article 32 of the Constitution of India gives power to the Hon'ble Supreme Court of India to issue certain writs in the process of protecting and upholding the fundamental rights of any person or citizen, as the case may be, enshrined under Part - III of the Constitution. In the celebrated case of State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors., 1992 AIR 604, Hon'ble Supreme Court has held that High Courts, in the exercise of the extra-ordinary powers under Article 226 of the Constitution or the inherent powers under Section 482 of the Code of Criminal Procedure, may quash the FIR and subsequent criminal proceedings emanated therefrom in certain cases either to prevent abuse of the process of any Court or otherwise to secure ends of justice. It is a settled position of law that Hon'ble High Courts can exercise such powers without any restriction and limitation but can Hon'ble Supreme Court also exercise such powers under Article 32 of the Constitution? In a re...

On 28/05/2021, a division bench of the Hon'ble Supreme Court of India in Criminal Appeal No. 1735-1736 of 2010, titled Satbir Singh & Anr. Vs. State of Haryana, has laid down principles of conduction of trial of the cases relating to dowry death Under Section 304-B of IPC, wherein, the prosecution's case was that the deceased committed suicide by setting herself ablaze just after one year of her marriage and that soon before her death she was subjected to cruelty and harassment on account of bringing less dowry by both the accused. The trial court convicted the appellants for offences Under Sections 304-B and 306 of IPC. The appellants preferred an appeal to High Court challenging the conviction and sentence passed by the trial court but the High Court upheld the conviction and sentence of the appellants and dismissed the appeal. Two issues were to be decided by the Hon'ble Supreme Court of India in the instant case: I. Whether the trial court, and the High Court, was c...