Indian Evidence Act, 1872

Balbir Kaur, a married woman, was found dead from poisoning. The prosecution alleged that her husband and parents-in-law demanded dowry and subjected her to cruelty, leading to her suicide. The trial court convicted the parents-in-law under Section 3048 (dowry death); the High Court acquitted them of that charge but co…

Arup Bhuyan was convicted under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged membership in the banned outfit ULFA, based solely on a confession he allegedly gave to the Superintendent of Police. The Supreme Court examined whether such a confession, inadmissible under Secti…

The appellants, Neeraj Sharma and Ashwani Kumar Yadav, abducted an 18‑year‑old student, attempted to murder him by strangulation and burning, and stole his money and phone. The trial court and High Court convicted them under Sections 307/120B, 364‑A, and 392/397 of the IPC, imposing life imprisonment for the 364‑A char…

The plaintiffs filed a suit seeking a declaration that a 2011 sale deed was void, claiming ownership of a parcel of land based on an alleged oral partition among four brothers and a will executed by one brother. The trial court and the subordinate appellate court dismissed the suit, finding that the oral partition was …

The appellant, Perumal Raja, was detained during an investigation into a separate murder and gave a disclosure statement that led police to recover the body parts of his cousin, Rajini, and other stolen items. The key issue was whether the appellant was "in custody" for the purposes of Section 27 of the Evidence Act de…

The Supreme Court examined the appeal of three accused (Nalini, Kishore Bhadke and Satish) convicted of murder, abduction and related offences arising from a land‑transaction dispute that led to the killing of Raman. The prosecution relied on circumstantial evidence – motive established by the land deal, the victim’s l…

The appellant, a husband, was charged with cruelty, dowry harassment and abetment of suicide after his wife, Girija, died by consuming poison in their matrimonial home within seven years of marriage. The trial court acquitted all accused, but the Karnataka High Court convicted the husband under Sections 498A and 306, r…

The appellants (husband, father‑in‑law and mother‑in‑law) were convicted under Section 304B IPC for dowry death based on a claim that the deceased was poisoned after demanding Rs 10 lakhs. The Supreme Court examined whether the prosecution proved the essential ingredients of a dowry death – marriage within seven years,…

The case involved the suicide of Surjit Kaur and her two daughters, who died after ingesting aluminium phosphide. A suicide note blamed the appellant Gurcharan Singh, his wife Ajit Kaur and a co‑accused for depriving the victims of their share in family property and subjecting them to harassment. The trial court and th…

The State of Maharashtra filed a criminal appeal against the quashing of FIR No.185/2019 and the charge‑sheet against Dr. Maroti, a medical practitioner, who was alleged to have failed to report sexual assaults on minor tribal girls in a hostel as required under the Protection of Children from Sexual Offences (POCSO) A…

The case involved twelve accused members of an ashram who were charged with murdering a woman, Leelavathi, who was a trustee of the ashram. The prosecution relied on circumstantial evidence, including the fact that the accused were last seen with the deceased, distress cries heard by a neighbor, commotion in the ashram…

The appellant Rajan was convicted for murder under Sections 302/34 of the IPC and Sections 25 and 27 of the Arms Act based primarily on the ocular testimony of two eyewitnesses, despite the alleged firearm not being recovered. He appealed to the Supreme Court, arguing that the High Court’s delay of two years and five m…

The appeal arose from a suit for specific performance of a sale agreement dated 2 September 1967 concerning immovable property. The agreement was written on a quarter‑sheet of paper and was produced in a criminal proceeding, leading the High Court to decree specific performance in favour of the plaintiffs. The Supreme …

The appellant, a non‑resident Indian (NRI), let a shop to the respondent tenant and later returned to India, seeking eviction under Section 13‑B of the East Punjab Urban Land Restriction Act, 1949, on the ground of personal use. The Rent Controller and the High Court dismissed the petition, holding that the landlord ha…

Wazir Khan was charged under Sections 302 and 201 IPC for the murder of his wife, Bushra, whose body bore 17 incised wounds. The trial court acquitted him, finding the prosecution had not proved guilt beyond reasonable doubt, but the Uttarakhand High Court reversed the acquittal, holding that Khan's failure to explain …

The appellant, Dauvaram Nirmalkar, was convicted of murder under Section 302 IPC for killing his brother Dashrath Nirmalkar. The trial court and High Court found him the sole perpetrator based on eyewitness testimony, forensic evidence, and his own confession, which was held inadmissible under Section 25 of the Evidenc…

The case concerned the intestate estate of Meeralava Rawther, a Muslim who had executed deeds of relinquishment with five of his children (excluding his youngest son, Hassan) in exchange for consideration. After his death, Hassan claimed an oral gift of the entire property, while the other children and the petitioners …

The case concerned a partition of ancestral Hindu Mitakshara property of Gopalji Prasad among his sons, after which the share allotted to defendant No.2 was claimed to be ancestral for his sons and grandson. The plaintiffs sought to set aside an exchange deed executed between defendant No.1 and No.2, arguing that it in…

Devidas Loka Rathod was convicted under Sections 302 and 324 IPC for assaulting several persons with a sickle, resulting in one death. He pleaded unsound mind, asserting that a pre‑existing psychotic disorder rendered him incapable of understanding his acts. The trial and appellate courts rejected this defence, relying…

The appellant, Sonvir, was convicted along with two others for a double murder under Sections 302, 392 and 34 of the IPC based largely on circumstantial evidence such as recovered jewellery, a blood‑stained knife, a blood‑stained shirt, a Maruti van, and fingerprint matches. The appellant challenged the admissibility o…

The appellant, Pradeep Kumar, was convicted under Sections 304‑B (dowry death) and 498‑A (cruelty) of the IPC for the death of his wife Manju, who died from burns nine months after marriage. The prosecution relied on her dying declaration, which contained an initial statement of accident that was later found to be tuto…

The appellant, Davinder Singh, was married to Amarjit Kaur who died within seven months of marriage from severe burns. Prior to her death, she had telephonically complained of harassment and dowry demands by her husband and in‑laws, a fact corroborated by her brother and maternal uncle who witnessed the incident. The p…

The appellants were convicted for murder and related offences after an incident in which they allegedly entered the deceased's house and fired indiscriminately, killing Zahiruddin and injuring two others. The prosecution relied on the deceased's statement recorded under Section 161 of the CrPC (Ext.Ka‑9) as a dying dec…

A family of five members disputed the ownership of three houses. The mother, two sons and a daughter filed a partition suit against the eldest son, claiming a 4/5 share in the properties. The trial court, relying on the mother’s testimony and a letter (Ex.A‑17) written by the eldest son, held that all three houses were…

The appellants were charged under Sections 498A, 304B, 406 and 34 IPC for the death of Ms Chandni, the wife of Jasvinder Saini. The trial court initially framed charges under 498A, 304B and 34, but after the Supreme Court’s direction in Rajbir v. State of Haryana to add Section 302 IPC in dowry‑death cases, it mechanic…

Uttam was convicted under s.302 IPC for allegedly murdering his wife Pushpabai by pouring kerosene on her and setting her ablaze. The conviction rested on two written dying declarations recorded by a Special Executive Magistrate and an Investigating Officer, and two oral dying declarations given to the victim's father …

The State of Uttar Pradesh alleged that Sunil, along with his brother‑in‑law Suresh Pal Singh, murdered the complainant's father, mother and two sisters. A confessional statement by the deceased brother‑in‑law led to the recovery of a knife and blood‑stained clothing, but the prosecution could not directly link Sunil t…

In 1997 a police party, led by ACP Satyavir Singh Rathi, mistakenly identified two civilians as a notorious criminal and opened fire on their car, killing both occupants and grievously injuring a third. The father of one victim filed a complaint, leading to a CBI investigation and the conviction of ten police officials…

The appellant, Shankar, was convicted for brutally beating his wife, Sugna Bai, pouring kerosene on her and setting her on fire, resulting in her death. The trial court sentenced him to life imprisonment under Section 302 IPC and a year under Section 342 IPC, relying heavily on the victim's dying declaration. On appeal…

The appellants were charged with murder and related offences under Sections 302, 201 and 34 of the IPC for the death of Mahesh Sahu, allegedly due to a love‑relation dispute. The trial court acquitted them, finding that the prosecution's circumstantial evidence was unreliable, witnesses were inconsistent, and the chain…

The National Investigation Agency (NIA) sought to deny bail to Zahoor Ahmad Shah Watali, accused No.10 in a case under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and several IPC offences, alleging he was a key fund‑raiser for terrorist activities. The Delhi High Court granted bail, holding that the charge‑sh…

The Supreme Court examined the death of Rachhpal Kaur, who died of aluminium phosphide poisoning within seven years of her marriage while staying at her in‑laws' house. The deceased had repeatedly complained of harassment and cruelty by her husband Kulwant Singh and his parents for allegedly insufficient dowry, includi…

The appellant, Shivaji Chintappa Patil, was convicted of murder under Section 302 IPC for the death of his wife, who the prosecution alleged was killed after being abused for not obtaining money from her mother. The case hinged on circumstantial evidence, including the appellant's alleged motive, the lack of a detailed…

The case concerned the murder of Ratti Ram, for which Satish Kumar and Rajeev Kumar were convicted under IPC s.302 r/w s.34 and under Sections 25 and 27 of the Arms Act. The trial court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt, particularly because the dead body …

The respondent, Durga Devi, owned an 11‑biswas land parcel in Kullu and sued the appellant, Baini Prasad, for possession and demolition of a verandah he had constructed on that land in 1986, claiming he believed it to be his own. The trial court ordered demolition and restoration of possession to the respondent; the Fi…

The Supreme Court examined a dispute arising from the 2012 elections to the Akola Municipal Corporation where a post‑poll group (aghadi) called Mahanagar Sudhar Samiti was formed by elected councillors. The group applied for registration under the second proviso of Section 31A(2) of the Maharashtra Municipal Corporatio…

The appellant, Prem Singh, was convicted of murdering his two sons by manual strangulation and of causing the disappearance of evidence by throwing their bodies into a canal. The trial and high courts held that the prosecution proved the case beyond reasonable doubt through a cogent chain of circumstantial evidence, th…

The victim was alone at night when the accused entered her room and raped her. She reported the incident to her sister‑in‑law and mother‑in‑law, who did not believe her and even beat her, forcing her to go to her parental home where an FIR was lodged three days later. The trial court convicted the accused under Section…

The appellant, Khokan Giri, was convicted along with three others for the murder and robbery of an elderly couple in Kolkata, based largely on the confessional statement of an accomplice, Raju Rao, who became an approver. The appellant challenged the conviction, arguing that the High Court gave undue weight to the appr…

The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing false statements ab…

The petitioners, a film production company and its proprietor, borrowed Rs 41.28 lakh in five instalments from the complainant on a hand‑loan basis at 2% per month interest and issued five cheques to discharge the debt, which were returned for insufficient funds. The complainant filed five complaints under Section 138 …

The dispute arose from a partition of family property where the respondent sought a declaration of title and eviction of the appellants. The appellants relied on a family settlement document (Khararunama) dated 15‑04‑1986 and a receipt of Rs.2,00,000 as evidence of the parties' past arrangements. The trial court admitt…

Ashok Kumar filed a declaratory suit claiming ownership of his parents' coparcenary property, asserting that he is their son. The defendants denied his lineage and sought a DNA test to establish the relationship. The trial court dismissed the DNA test application, but the High Court reversed, ordering the test. The Sup…

Sudam @ Rahul Kaniram Jadhav was convicted under Sections 302 and 201 IPC for the murder of his wife Anita and their four children, based largely on circumstantial evidence, two extra‑judicial confessions and motive. The petitioner sought a review of the Supreme Court's affirmation of his conviction and death sentence,…

The case concerned the conviction of Tarun Sharma under Section 302 IPC for the murder of Munish Kumar, based primarily on a dying declaration recorded by a police Sub‑Inspector. The Supreme Court examined whether the dying declaration was reliable, given that the victim had been unconscious for most of the period, the…

The plaintiff claimed title to a Delhi property on the basis of an agreement to sell, a general power of attorney, a receipt of consideration, an affidavit and a registered will executed by his father, Kundan Lal. The trial court and High Court had upheld his claim, but the Supreme Court examined whether these document…

The case involves the murder of a BJP leader in Kerala, allegedly carried out by workers of the Communist Party of India (Marxist) as part of a political rivalry. The victim's wife, along with two other eyewitnesses, identified the assailants, and a dying declaration of the victim corroborated their testimony. The tria…

The dispute concerned the office of mutawalli of the historic Andrott Jumah mosque in Lakshadweep. The senior members of the Pattakal family claimed a hereditary customary right to the office, tracing it to Saint Ubaidulla, the mosque’s founder, while the appellants, representing island residents, argued that the right…

The appellant was accused of raping an eight‑year‑old girl who later died of neurogenic shock. Although the initial FIR did not name him, the investigation recovered the child's shawl and recorded a voluntary confessional statement. The trial court convicted him under IPC sections 376, 302 and 201 and sentenced him to …

The appellant, Manohar Lal, was convicted under Section 3048 of the IPC for the alleged dowry death of his wife, who died from burn injuries within seven years of marriage. The prosecution alleged that the deceased was subjected to cruelty and harassment for dowry, culminating in her death, and charged the appellant un…

The case involved the abduction and murder of Mani alias Parai Mani, a quarry leaseholder, by accused Paramasivam and two others. The prosecution proved motive, the victim's last sighting with the accused, DNA identification of the exhumed body, and recovered incriminating items obtained through confessional statements…

The appellant Duryodhan Rout was convicted of rape, murder and concealment of evidence of a ten‑year‑old girl based solely on circumstantial evidence and his own confession recorded under Section 27 of the Evidence Act. The trial court sentenced him to death for murder, rigorous imprisonment for the rape and concealmen…

Harivadan Babubhai Patel (A‑1) and three others were tried for kidnapping, murder and conspiracy under Sections 342, 346, 302, 1208 and 201 IPC read with Section 34. The trial court convicted A‑1 and A‑2, acquitting A‑3 and A‑4; the High Court later acquitted A‑2 but upheld A‑1's conviction. On appeal, the Supreme Cour…

The case involved a Rs 65 crore investment in CANCIGO units of Canbank Mutual Fund (CMF) by four subscribers, where B. Raghuvir Acharya (Trustee/General Manager) and Hiten P. Dalal (approved broker) were alleged to have obtained a false brokerage of Rs 32.5 lakhs. The Special Court convicted Acharya and Dalal, but acqu…

The appellants were among ten persons named in an FIR for a violent incident but were not listed in the charge‑sheet after the investigating officer concluded they were not present at the scene. The investigating officer and the SHO later applied to a magistrate for their release from judicial custody, which the magist…

The original plaintiff filed a suit for declaration of title and permanent injunction, claiming ownership of a property based on a registered sale deed. The defendants contended that the property had become part of a joint family and that the sale deed was merely a security instrument, not an operative transfer, and th…

The State by Karnataka Lokayukta Police Station appealed against a High Court order that quashed criminal proceedings against M.R. Hiremath on the ground that a certificate under Section 65B(4) of the Evidence Act was not produced. The Court examined whether the certificate must be produced at the stage of filing the c…

The case involved the murder of Satyawati, who was allegedly killed by her in‑laws for refusing to pay dowry. Four family members were tried; Jwala Singh was acquitted while Tribhuwan Singh, Makoi Devi and Chandra Bhawan Singh were convicted by the trial court. The High Court upheld the convictions of Tribhuwan Singh a…

The appellant sought a Letter of Administration on the basis of a Will dated 22‑10‑1973, allegedly executed by the deceased Nathu Singh in favour of the appellant. The trial court held the Will validly executed and granted the administration, but the High Court set aside that order, finding the Will not proved under Se…

The appellant filed an FIR alleging that the respondents forged a will to obtain a mutation order over disputed land. While the criminal trial was pending, the appellant instituted a civil suit seeking declaration of title, injunction and possession of the land. The respondents moved to stay the civil suit on the groun…

Guddi, a 19‑year‑old married woman, died from 99% burn injuries while in the custody of her father‑in‑law and husband. The prosecution relied on three alleged dying declarations: a Parcha Bayan recorded by an ASI, a magistrate‑signed declaration that was never produced, and a statement recorded under Section 161 CrPC b…

The appellant, Jai Prakash Saini, was an in‑charge of a paddy procurement centre of U.P. Cooperative Federation Ltd. He was served with a charge‑sheet alleging short delivery of paddy and embezzlement of Rs. 2,00,850. A departmental enquiry found the charges proved and dismissed him, also ordering recovery of the amoun…

The State of Uttar Pradesh appealed against the High Court's acquittal of Subhash @ Pappu for offences under Sections 302 and 148 of the IPC. The facts involved six to seven persons attacking a shop servant, Bengali, with a knife and a hockey stick, resulting in a stab wound; the victim died thirty days later of septic…

The appellant was arrested in 2007 in connection with a bomb‑defusing case and, while in police custody, gave a confessional statement that was recorded by a Superintendent of Police under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. The appellant contended that the confession was not v…

The appellants were charged under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for allegedly transporting about 80 kg of ganja seized from a vehicle. The prosecution relied on a seizure panchnama, samples sent to the Forensic Science Laboratory, and confessions recorded by police officers, but failed to …

The appellant, N. Parameswaran Unni, presented two cheques drawn by the first respondent, G. Kannan, which were returned unpaid and received a bank intimation on 8 April 1991. He issued a statutory notice by registered post on 12 April 1991, which was returned marked "addressee absent," and a second notice on 4 May 199…

The State of Uttar Pradesh appealed the acquittal of Veerpal and another accused who were charged under Section 302 read with Section 34 of the IPC for allegedly burning the deceased after a money dispute. The deceased had given two dying declarations: one to a police officer on 20‑12‑2011 and another to a Sub‑Division…