Murder--Dying Declaration—Acquittal- -Inconsistencies between dying declarations as recorded by Doctor and as recorded by Executive Magistrate (Tehsildar)--High Court acquitted accused by extending benefit of doubt—Held; when there are two reasonable views and the High Court adopted on possible view then no interference is called for in appeal

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The respondent-writ petitioner as an Officer of the Bank is bound by the salary structure approved by the Bank for its Officers. The decision of the Standing Committee is a part of the decision-making in respect of salary payable to the employees of the Banks. The employee of a Bank has no right that he should be associated with the decision-making process in respect of the fixation of salary. However, if the question of reasonableness of salary arises, then in exercise of power of judicial review, the Court may examine the decision-making process.

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A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution, so that the law laid down in Mohan Lal AIR 2018 SC 3853. is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations. We therefore hold that all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal AIR 2018 SC 3853. shall continue to be governed by the individual facts of the case

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Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.” “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

Law on circumstantial evidence when it comes to fixing guilt on those accused in a criminal case can be summarised in the following manner. “The law can be summarised in the following terms: 1. The circumstances relied upon by the prosecution which lead to an inference to the guilt of the accused must be proved beyond doubt; 2. The circumstances should unerringly point towards the guilt of the accused; 3. The circumstances should be linked together in such a manner that the cumulative effect of the chain formed by joining the links is so complete that it leads to only one conclusion i.e. the guilt of the accused; 4. That there should be no probability of the crime having been committed by a person other than the accused.“

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According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

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Private Defence--A right to private defence does not include a right to launch an offence particularly when the need of defence no longer survives. Private Defence--Burden is on accused to show that he had a right to private defence which extended to cause death.

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Accident--Permanent disability--Certificate of Govt. Hospital, should not have disbelieved on the supposition that doctor had been issuing certificates fixing 'permanent disability which was not proportionate to the injury'.

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FIR--It is not compulsory to mention the name of accused in FIR.

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Murder motivated by illicit relationship does not fall in rarest of rare category.

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