Relative clause

In a murder case, the sister of the victim — married to the brother of the accused — deposed in favour of the accused. The trial court, while rejecting the contention of dowry demand, convicted the accused for murder. The accused appealed on the ground that the sister’s evidence was not relied on by the court. The apex court rejected the contention that the lower courts had erred in not relying upon the sister’s evidence. Instead, it held that the lower courts were right in observing that since she was staying in the same house and had common in-laws, she was under pressure. In any event, the contention that the victim died by coming in contact with an electric wire during an epileptic fit was ruled out by radical evidence (Bija vs State of Haryana).

Mind over matter

The Orissa High Court set aside an order of conviction passed against a person who appeared to be of unsound mind. The person committed murder in broad daylight and made no attempt to escape. Since at the time of being apprehended or produced before the magistrate he was not provided with a counsel, he could not avail of Section 84 (any crime committed by a person of unsound mind will not be considered a crime) of the Indian Penal Code. The court emphasised that the constitutional obligation of providing free legal aid to an indigent person does not arise only at the time of the trial but from the very stage of being produced before the magistrate (State of Orissa vs Duleswar Barik).

Muscle power

In a case where prosecution was initiated for forcibly seizing the vehicle of a defaulter, the accused applied before the high court for quashing the first information report (FIR) as an instalment was paid and an amicable settlement was arrived at. Refusing to quash the FIR, the Delhi High Court held that the act of the petitioner, accused of illegally taking possession of vehicle by sheer display of muscle power, is an offence against society and cannot be condoned. An FIR cannot be quashed simply because the parties have arrived at a settlement [Shyam Babu Gupta and anr vs State (govt of NCT)) Delhi and anr].