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COURT DISMISSES PETITION ALLEGING CULPABLE HOMICIDE AND NEGLIGENCE IN CONSTRUCTION SITE INCIDENT, AFFIRMS SUFFICIENT GROUNDS TO PROCEED WITH CRIMINAL TRIAL AGAINST PETITIONERS: BOMBAY HIGH COURT

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INTRODUCTION:

The High Court of Bombay passed a judgement on 04 May 2023 on a case involving allegations of culpable homicide and negligence at a construction site. The case of PINKESH DHIRAJ PATEL & ANR. VS. THE STATE OF MAHARASHTRA & ANR. IN CRIMINAL WRIT PETITION NO. 2879 OF 2022 which was passed by the division bench comprising of HONOURABLE SHRI JUSTICE SUNIL B. SHUKRE & HONOURABLE SHRI JUSTICE M.M. SATHAYE. The petitioners challenged the charge-sheet filed against them, arguing that the offense of culpable homicide was not applicable in their situation.

FACTS:

The case revolves around a charge-sheet filed against the petitioners under Section 304 read with Section 34 of the Indian Penal Code. The petitioners contended that they should not be charged with culpable homicide as defined by Section 299 of the Indian Penal Code. They argued that the allegations made in the First Information Report (FIR) did not demonstrate any intention to cause death or inflict bodily injury likely to cause death, which are essential elements for culpable homicide.

The petitioners’ defence focused on the absence of overt acts on their part that would meet the requirements for culpable homicide. They emphasized that the FIR did not establish any criminal intention or knowledge on their part. They referred to a previous legal precedent, the case of Shantibhai J. Vaghela and Anr. v. State of Gujarat, to support their argument.

The respondent-state, represented by the learned Additional Public Prosecutor (APP), countered the petitioners’ claims. They argued that the specific allegations against the petitioners indicated their negligence in providing proper safety measures at the construction site. The respondent’s counsel highlighted that the tragic death occurred due to the petitioners’ failure to install safety belts and leaving dangerously exposed vertical iron bars in the column. They contended that the act of negligence led to the unfortunate incident, and it would be a matter for trial to determine if there was any intention on the part of the accused to cause a fatal injury.

LAWS INVOLVED:

Section 304 of the IPC: Deals with culpable homicide not amounting to murder, punishing those who cause death without fulfilling the criteria for murder.

Section 34 of the IPC: Holds individuals jointly liable for a criminal act when committed in furtherance of a common intention.

Section 299 of the IPC: Defines culpable homicide, involving the intentional causing of death or bodily injury likely to cause death.

Section 227 of the CrPC: Empowers the Sessions Court to discharge the accused if there is insufficient ground for proceeding with the case, requiring recording of reasons for the decision.

JUDGMENT:

The court thoroughly analysed the arguments presented by both parties and referred to Section 227 of the Criminal Procedure Code. Section 227 stipulates that if, after considering the case record and the submissions of the accused and prosecution, the judge finds no sufficient grounds for proceeding against the accused, they may be discharged.

The court acknowledged the difference between what constitutes a sufficient ground for proceeding against the accused in a sessions trial and what constitutes the offense itself. It emphasized that the possibility of the accused’s acquittal does not negate the existence of sufficient grounds for proceeding.

In its ruling, the court recognized two aspects of the case: an omission on the part of the petitioners and an overt act. While the omission did not attract the offense of culpable homicide, the court found that the petitioners’ act of leaving dangerously exposed vertical iron bars, which were being used during construction work, could be considered an overt act.

The court concluded that prima facie evidence of an overt act, coupled with the knowledge of the potential harm it could cause, provided sufficient grounds for proceeding further with the criminal trial against the petitioners. It clarified that the final determination of the petitioners’ guilt or innocence would be a matter for trial.

Additionally, the court dismissed the documents presented by the petitioners, which allegedly showed the Labour Commissioner’s adjudication on the incident. It clarified that compensation granted by the Labour Commissioner does not equate to a finding of accidental death without criminal intention or knowledge.

Considering the analysis and considerations, the court dismissed the petition and held that there were sufficient grounds for proceeding with the criminal trial against the petitioners.

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JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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ANALYZING THE GROUNDS AND IMPLICATIONS OF THE ACQUITTAL OF THE RESPONDENT-ACCUSED IN THE HIGH-PROFILE CORRUPTION CASE: BOMBAY HIGH COURT

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INTRODUCTION

The High Court of Bombay passed a judgement on 04 May 2023. In the case of THE STATE OF MAHARASHTRA Vs RAJESAHEB YASHWANT RANE IN CRIMINAL APPEAL NO. 858 OF 2012 which was passed by a single bench comprising of HONOURABLE SHRI JUSTICE S. M. MODAK. The judgment of acquittal has been challenged by the State, raising important issues regarding the acceptance of evidence and the interference with a judgment of acquittal.

FACTS

The case involved the judgment by the Special Judge of the Anti-Corruption Bureau (ACB) in Sindhudurg – Oros, a respondent-accused was acquitted of the charges under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Talathi, the accused, who allegedly demanded a bribe for issuing a 7/12 extract to the complainant, the owner of agricultural land. The de facto complainant, Joseph Eyyalil, owned agricultural land and approached the accused Talathi for the issuance of a 7/12 extract. The accused allegedly demanded a bribe for this service, and the complainant paid a partial amount before successfully setting up a trap to catch the accused. However, during the trial, the complainant’s support for the prosecution’s case was inconsistent and lacked clarity. The trial court acquitted the accused based on the complainant’s lack of full support, variance in testimonies between the complainant and the trap panch, and the absence of forensic analysis of the digital evidence in the form of recorded conversations.

LAWS INVOLVED:

Section 7: Prohibits public servants from accepting or attempting to obtain bribes or gratification for performing or abstaining from official acts.

Section 13(1)(d): Defines the offense of criminal misconduct by a public servant, involving the use of corrupt or illegal means to obtain personal or third-party benefits.

Section 13(2): Prescribes imprisonment for one to seven years and a fine for public servants found guilty of criminal misconduct under Section 13(1)(d).

These sections aim to prevent corruption and ensure public officials act with integrity. The Prevention of Corruption Act, 1988, provides a legal framework to deter and punish corruption-related offenses in India.

ISSUES RAISED IN THE APPEAL:

The State challenged the judgment of acquittal, raising the following issues in the appeal:

Reliance on other evidence: Whether the trial court should have accepted other evidence when the complainant did not fully support the case.

Corroborative evidence: Whether the trial court should have accepted corroborative evidence presented by the prosecution.

Interference with the judgment of acquittal: Considering the limited scope of the appeal, whether the judgment of acquittal can be overturned based on the grounds raised in the appeal.

SIGNIFICANCE OF PRECEDENTS:

The defence relied on the observations of the Supreme Court in the case of P. Satyanarayan Murthy v. The District Inspector of Police and Others, where the court considered the issue of adequacy of evidence in cases under the Prevention of Corruption Act. The court clarified that even if the de facto complainant is unavailable or does not support the case, the court can convict the accused based on other available evidence

JUDGEMENT

The judgment of acquittal in the corruption case raises several important issues that warrant careful analysis and consideration. While the trial court acquitted the accused based on the complainant’s lack of full support for the prosecution’s case, the State has challenged the judgment, arguing that corroborative evidence should have been considered.

The trial court’s decision to acquit the accused appears to be primarily influenced by the inconsistencies and lack of clarity in the complainant’s testimony. The court observed that the complainant had partially resiled from his initial complaint, and his statements during the trial varied from his earlier accounts. Such inconsistencies weaken the credibility of the complainant’s testimony, which is crucial for establishing the guilt of the accused beyond a reasonable doubt.

Additionally, the absence of forensic analysis of the recorded conversations raises questions about the reliability of the evidence. Forensic analysis could have provided valuable insights into the authenticity and accuracy of the recorded conversations, which could have been a significant piece of evidence in proving the accused’s involvement in corruption. Without this analysis, the court may have had reasonable doubts about the integrity of the evidence presented.

However, the State’s argument that corroborative evidence should have been considered carries weight. The successful trap operation, where the accused was apprehended while accepting the bribe, and the partial payment made by the complainant do provide some support to the prosecution’s case. While the complainant’s credibility may have been called into question, these corroborative elements could have been examined more thoroughly to determine their relevance and impact on the overall case.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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Emphasizing the importance of “tangible” material in reassessment proceedings and protecting taxpayers’ rights: Bombay High Court

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The High Court of Bombay passed a judgement on 04 May 2023, addressing the validity of a reassessment notice issued by the Income Tax Department. The petitioner sought to challenge the notice, which proposed to reopen the assessment for the Assessment Year 2014-15. The case of CHANCHAL BHAGWATILAL GOKHRU VS. UNION OF INDIA & ANR.  IN WRIT PETITION NO. 2014 OF 2022 which was passed by the division bench comprising of HONOURABLE SHRI JUSTICE DHIRAJ SINGH THAKUR & HONOURABLE JUSTICE G. S. KULKARNI, KAMAL KHATA.

Facts

The petitioner had filed her income tax return for AY 2014-15 on 28th July 2014. The Assessing Officer (AO) subsequently passed an order under section 143(3) of the Income Tax Act, 1961, on 18th November 2016. This order added a specific amount to the petitioner’s total income based on the withdrawal of exemption claimed under section 10(38) of the Act. The petitioner paid the tax on the additional amount as directed by the AO. Furthermore, the petitioner was granted a waiver of penalty for AY 2014-15 on 31st January 2018, based on an application made under section 273A of the Act.

However, to the petitioner’s surprise, a notice under section 148 of the Act was issued on 26th March 2021, proposing to reopen the assessment for AY 2014-15. This notice was issued after a significant gap of four years. In response, the petitioner filed a return of income on 14th April 2021, followed by notices under sections 143(2) and 142(1) on 10th November 2021 and 15th November 2021, respectively. The petitioner provided the requested details and expressed objections to the reassessment through a communication dated 28th January 2022. The objections were disposed of on 11th February 2022. Another notice was issued on 25th February 2022, leading to the filing of the present petition.

Judgment

The court meticulously examined the reasons recorded by the AO for reopening the assessment. The AO primarily relied on the claim made by the petitioner regarding the purchase and sale of shares of penny stock scrips. The AO concluded that the long-term capital gain should be considered as unexplained investment/income from other sources rather than a capital gain, suggesting that the transactions were merely an accommodation entry designed to generate unexplained investment and bogus profits.

However, the court found no indication of the petitioner’s failure to disclose any material facts. It noted that the AO had already considered these transactions during the original assessment proceedings and had added the corresponding amount to the petitioner’s total income. The petitioner had duly paid the tax on this additional income. The court, therefore, found no substance in the AO’s claim that income chargeable to tax had escaped assessment. It emphasized that the mere change of opinion regarding the calculation of tax payable did not provide a valid basis for reopening the assessment. The court reiterated the well-established principle that reassessment proceedings require fresh “tangible material” to justify their validity.

Considering the settled legal position and the facts of the case, the court delivered the following order:

The impugned notice dated 26th March 2021, issued by Respondent No. 2 for AY 2014-15, was quashed, and set aside. All actions taken in furtherance of the notice were prohibited.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 

JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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Valid notice is necessary to release land from reservation after ten- year period: Bombay High Court

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 INTRODUCTION

The High Court of Bombay passed a judgement on 04 May 2023 in the realm of land development and town planning, legal provisions play a crucial role in ensuring fair and efficient utilization of resources. The case of MANDAKINI RUPRAO KHANGAR & ORS. VS. THE STATE OF MAHARASHTRA & ORS. IN WRIT PETITION NO. 1700 OF 2019 which was passed by the division bench comprising of HONOURABLE SHRI JUSTICE R.D. DHANUKA & HONOURABLE SHRI JUSTICE SHRIRAM MADHUSUDAN MODAK. One such provision is the Maharashtra Regional and Town Planning Act, 1966, which governs the planning and development of areas in the state of Maharashtra, India. Under this Act, the concept of “lapsing of reservation” holds significance in determining the fate of reserved lands.

FACTS

The case revolves around a plot of land owned by the petitioners in Mohpa, Tahsil Kalmeshwar, District Nagpur Maharashtra, India. Originally, the land was reserved for a weekly market and shops under a development plan published in 1973. However, the authorities failed to take any action to acquire the land for the intended purpose within the specified time frame. Frustrated by the lack of progress, the petitioners issued a purchase notice, contending that the reservation on their land had lapsed due to the inaction of the authorities. They argued that since no acquisition had occurred within the prescribed period, they were entitled to sell the land for any purpose. On the other hand, the respondents challenged the validity of the purchase notice, claiming that it was premature. They pointed to a revised development plan that had been published, which still reserved the land for the same purpose. Therefore, they argued that the purchase notice was invalid. The main question before the court was whether the purchase notice was valid under Section 127 of the Maharashtra Regional and Town Planning Act. This provision set a ten-year period within which the reservation on the land should be implemented. The court had to interpret the provision and consider the impact of the revised development plan on the validity of the purchase notice.

JUDGEMENT:

The primary question before the court was whether the legal fiction of lapsing of reservation, as provided under Section 127 of the Act, would apply in this case. The landowners contended that since more than ten years had passed since the publication of the original development plan in 1973, the reservation should be deemed to have lapsed. They argued that the revised development plan published in 2012 should not affect the counting of the ten-year period.

On the other hand, the respondents argued that the purchase notice issued by the landowners was premature. They contended that the ten-year period should be reckoned from the date of the revised development plan in 2012 and not from the date of the original plan in 1973. They also pointed out that the landowners themselves had been inactive for more than ten years after the initial plan.

After considering the arguments put forth by both parties, the court examined the relevant provisions of the Maharashtra Regional and Town Planning Act, 1966. Section 127 of the Act states that if land reserved for a specified purpose is not acquired within ten years from the date of publication of the final development plan, the owner or any interested person can issue a purchase notice. If the land is not acquired or no steps are taken for acquisition within twenty-four months from the date of the notice, the reservation is deemed to have lapsed.

The court interpreted the Act and its provisions to conclude that a revised development plan, issued under Section 38 of the Act, becomes the final development plan. Therefore, the ten-year period for the application of Section 127 would start from the date of publication of the revised plan. The court emphasized that the reservation would not automatically lapse unless a valid notice is issued under Section 127.

Considering these findings, the court dismissed the petition, stating that the purchase notice issued by the landowners was premature, as it was served after the revised development plan but before the expiry of ten years from its publication. The court upheld the continuation of the reservation and emphasized that a valid notice is necessary to release land from reservation after the ten-year period.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 

JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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