Bharatiya Nyaya Sanhita, 2023 — Section 108 read with Section 3(5) — Alleged abetment of suicide — Mere admonition or objection to relationship — Prima facie ingredients of instigation not disclosed. Petitioners, being cousin brothers of girl allegedly in relationship with deceased, were accused of taking deceased to town, beating and threatening him, resulting in mental distress leading to consumption of pesticide. Petitioners contended that at most they only admonished deceased for allegedly harassing girl in name of love and that allegations, even if accepted at face value, did not disclose ingredients of abetment, instigation or intentional aid required under Section 108 BNS. — Paras 2 & 4.

 AP HIGH COURT HELD THAT 

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory bail — Liberty to approach jurisdictional Court — Interim protection against coercive steps.

Where petitioners/accused directly approached High Court seeking anticipatory bail in crime registered for alleged abetment of suicide under Section 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, and petitioners submitted before Court that they may be permitted to approach jurisdictional Court by filing appropriate application, the High Court disposed of Criminal Petition granting liberty to petitioners to move concerned Court within four weeks and directed police not to take coercive steps till such application is filed and decided.
— Paras 6 & 7.

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Bharatiya Nyaya Sanhita, 2023 — Section 108 read with Section 3(5) — Alleged abetment of suicide — Mere admonition or objection to relationship — Prima facie ingredients of instigation not disclosed.

Petitioners, being cousin brothers of girl allegedly in relationship with deceased, were accused of taking deceased to town, beating and threatening him, resulting in mental distress leading to consumption of pesticide. Petitioners contended that at most they only admonished deceased for allegedly harassing girl in name of love and that allegations, even if accepted at face value, did not disclose ingredients of abetment, instigation or intentional aid required under Section 108 BNS.
— Paras 2 & 4.

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Anticipatory bail — Investigation at nascent stage — Interim balancing approach adopted.

Learned Assistant Public Prosecutor opposed grant of anticipatory bail on ground that investigation was at initial stage. High Court adopted balanced approach by not granting anticipatory bail outright but protecting petitioners from coercive steps for limited period enabling them to approach jurisdictional Court.
— Paras 5 & 7.

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Abetment of suicide — Essential ingredients — Instigation, intentional aid or active participation necessary.

The petitioners contended that prosecution allegations lacked essential ingredients constituting abetment of suicide since there was no allegation of intentional instigation, active provocation or aiding commission of suicide by deceased.
— Para 4.

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Exercise of inherent powers — Protection from arrest pending approach to competent Court.

While disposing Criminal Petition, High Court exercised inherent jurisdiction to protect petitioners from coercive action temporarily so as to facilitate filing of regular anticipatory bail application before competent jurisdictional Court.
— Para 7.

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Held :
Petitioners/accused were granted liberty to approach concerned jurisdictional Court within four weeks by filing appropriate bail application and, till such application is filed and decided, respondent-police were directed not to take coercive steps against petitioners in FIR No.17 of 2026 registered for offence under Section 108 read with Section 3(5) BNS.

Penal Code, 1860 — Sections 299, 300, 302 & 304 Part I — Sudden quarrel after intoxication — Attribution of unchastity to female family members — Exception 1 and Exception 4 to Section 300 attracted. Where accused and deceased, who were friends, consumed alcohol at birthday function and quarreled over missing mobile phone and exchanged allegations touching chastity of female family members, followed by sudden fight on way back home culminating in accused inflicting knife injury on head of deceased, High Court held that though death was homicidal and intentional injury was caused, incident occurred in heat of passion upon sudden quarrel without premeditation. Conviction under Section 302 IPC was altered to Section 304 Part I IPC by extending benefit of Exception 1 and Exception 4 to Section 300 IPC. — Paras 27 to 35.

 AP HIGH COURT HELD THAT 

Penal Code, 1860 — Sections 299, 300, 302 & 304 Part I — Sudden quarrel after intoxication — Attribution of unchastity to female family members — Exception 1 and Exception 4 to Section 300 attracted.

Where accused and deceased, who were friends, consumed alcohol at birthday function and quarreled over missing mobile phone and exchanged allegations touching chastity of female family members, followed by sudden fight on way back home culminating in accused inflicting knife injury on head of deceased, High Court held that though death was homicidal and intentional injury was caused, incident occurred in heat of passion upon sudden quarrel without premeditation. Conviction under Section 302 IPC was altered to Section 304 Part I IPC by extending benefit of Exception 1 and Exception 4 to Section 300 IPC.
— Paras 27 to 35.

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Murder — Distinction between murder and culpable homicide not amounting to murder — Principles reiterated.

The Court reiterated that for application of Exception 4 to Section 300 IPC, prosecution evidence must establish that incident occurred:
(i) without premeditation;
(ii) in sudden fight;
(iii) in heat of passion upon sudden quarrel;
(iv) without accused taking undue advantage; and
(v) without accused acting in cruel or unusual manner.
— Paras 28 to 30.

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Homicidal death — Medical evidence corroborating ocular version.

Evidence of treating doctor and postmortem evidence established that deceased sustained fatal head injury caused by knife and death occurred due to respiratory and circulatory failure consequent upon brain injury. Medical evidence corroborated prosecution version regarding homicidal death.
— Paras 9 to 11.

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Oral dying declaration — Admissibility and reliability — Principles discussed.

Statement made by deceased to his father and other witnesses immediately after incident regarding accused attacking him was accepted as oral dying declaration. Court reiterated that truthful and voluntary dying declaration can form sole basis for conviction if found reliable after careful scrutiny.
— Paras 26, 31 & 32.

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Dying declaration — Improvements in ocular testimony — Effect.

Though witnesses claimed during trial that they directly witnessed accused attacking deceased, such version was not reflected in earliest report Ex.P1. High Court treated such portion as improvement, but held that embellishment in one aspect does not render entire prosecution case false and Court must separate truth from falsehood.
— Paras 22, 25, 26 & 33.

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Falsus in uno, falsus in omnibus — Doctrine not applicable in India.

The Court reiterated that falsehood or exaggeration in one part of witness testimony does not mandate rejection of entire evidence. Duty of Court is to separate truthful portion from embellishments and assess intrinsic reliability.
— Para 33.

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Voluntary intoxication — Not a complete defence in absence of plea under General Exceptions.

Though evidence disclosed that both accused and deceased were in drunken condition at relevant time, benefit of intoxication under General Exceptions was denied since neither voluntary nor involuntary intoxication was specifically pleaded or established by defence.
— Paras 27 & 35.

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Last seen circumstance — Immediate presence of accused after incident — Evidentiary value.

Evidence of prosecution witnesses established that accused and deceased were together shortly before incident after quarrel at birthday function and accused was seen immediately after attack holding blood-stained knife. Such circumstances supported prosecution case regarding participation of accused.
— Paras 16, 19, 24 & 34.

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Delay in lodging FIR — Medical emergency — Delay explained.

Court rejected defence contention regarding delay in registration of FIR observing that immediate priority of family members was to shift injured to hospital and secure treatment. Delay under circumstances was not fatal to prosecution case.
— Paras 5(vii) & 6(ii).

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Sentence — Conversion from Section 302 IPC to Section 304 Part I IPC — Ten years rigorous imprisonment imposed.

Having found that accused acted in heat of passion during sudden quarrel but possessed intention and knowledge regarding consequences of attack, Court modified conviction from Section 302 IPC to Section 304 Part I IPC and reduced sentence from life imprisonment to ten years imprisonment while maintaining fine amount.
— Paras 34 to 36.

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Bail during appeal — Benefit under Batchu Rangarao principles — Direction to surrender.

Since appellant had earlier been enlarged on bail during pendency of appeal under principles laid down in Batchu Rangarao v. State of Andhra Pradesh, Court directed accused to surrender before trial Court to serve remaining sentence after modification of conviction.
— Para 36(ii). 

Specific Relief — Suit for specific performance — Limitation under Article 54 of Limitation Act — Actual knowledge of refusal — Triable issue. Where plaintiff specifically pleaded that he acquired knowledge of registered sale deeds and gift deed executed behind his back only in January, 2010 and suit was filed within three years thereof, question whether plaintiff had earlier knowledge or deemed notice was held to be a triable issue requiring evidence and not a ground for rejection of plaint at registration stage. — Paras 4, 5, 9, 35 & 36.

 AP HIGHC

Civil Procedure Code, 1908 — Order VII Rule 11(d) — Rejection of plaint — Limitation — Scope of enquiry at threshold stage.

For deciding rejection of plaint under Order VII Rule 11(d) CPC, Court must confine itself only to plaint averments and documents filed along with plaint. If on meaningful reading of plaint, suit is ex facie barred by law, plaint can be rejected. However, where determination of limitation involves disputed questions of fact or mixed questions of law and fact requiring evidence, plaint cannot be rejected at threshold.
— Paras 29 to 33.

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Specific Relief — Suit for specific performance — Limitation under Article 54 of Limitation Act — Actual knowledge of refusal — Triable issue.

Where plaintiff specifically pleaded that he acquired knowledge of registered sale deeds and gift deed executed behind his back only in January, 2010 and suit was filed within three years thereof, question whether plaintiff had earlier knowledge or deemed notice was held to be a triable issue requiring evidence and not a ground for rejection of plaint at registration stage.
— Paras 4, 5, 9, 35 & 36.

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Article 54, Limitation Act, 1963 — Two limbs explained.

The Division Bench reiterated that Article 54 of Limitation Act contains two distinct parts:
(i) where a date is fixed for performance, limitation runs from such fixed date;
(ii) where no date is fixed, limitation commences when plaintiff has notice that performance is refused.
The expression “date fixed for performance” denotes a definite and crystallized calendar date.
— Paras 15 to 24.

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Transfer of Property Act, 1882 — Section 3 — Constructive notice — Registration of document — Mixed question of fact and law.

Constructive notice under Section 3 of Transfer of Property Act cannot automatically be imputed merely because document is registered. To attribute deemed notice, Court must determine whether party would have known fact but for wilful abstention from enquiry/search or gross negligence. Such determination ordinarily requires evidence and trial.
— Paras 25 to 28 & 36 to 37.

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Registered documents — Deemed notice — Cannot override specific plea of actual knowledge at threshold stage.

Where plaint specifically disclosed date of actual knowledge of registered sale deeds/gift deed, Court held that deemed notice from date of registration under Explanation I to Section 3 T.P. Act could not be invoked at preliminary stage under Order VII Rule 11 CPC without evidence disproving plaintiff’s plea regarding actual knowledge.
— Paras 31 to 38.

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Order VII Rule 11 CPC — Drastic power — Strict compliance necessary.

Power to reject plaint under Order VII Rule 11 CPC being drastic in nature, conditions prescribed therein must be strictly satisfied. Sham litigation alone can be terminated at threshold; where adjudication requires evidence, suit must proceed to trial.
— Paras 30 & 31.

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Specific Performance — Refusal of performance — Reply notice — Relevant date for limitation.

Where plaint averments disclosed that plaintiff issued legal notice calling upon defendants to execute sale deed and refusal emerged through reply notice, such refusal constituted relevant point of time for computation of limitation under second limb of Article 54, and not necessarily date of registration of alienation deeds executed inter se family members.
— Paras 9, 35 & 38.

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Registration of document — Notice to world — Rebuttable presumption.

Though registration of document ordinarily constitutes notice to world, such presumption is rebuttable. Person alleging later actual knowledge may establish same by evidence during trial.
— Paras 32, 36 & 37.

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Limitation — Mixed question of law and fact — Cannot ordinarily be decided without evidence.

Court reiterated that when plea of limitation depends upon determination of actual knowledge, deemed notice, refusal of performance or surrounding circumstances, issue becomes mixed question of law and fact and requires full-fledged trial.
— Paras 31 to 38.

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Appellate Court — Rejection of plaint set aside — Direction to register suit.

The Division Bench allowed appeal, set aside order rejecting plaint under Order VII Rule 11(d) CPC and directed revival and registration of suit, leaving all questions relating to limitation open for adjudication during trial.
— Paras 39 to 41.

ADVOCATEMMMOHAN: Land Acquisition Act, 1894 — Assigned lands — Comp...

ADVOCATEMMMOHAN: Land Acquisition Act, 1894 — Assigned lands — Comp...: advocatemmmohan AP HIGH COURT HELD THAT  Assigned/Rehabilitation Lands — Sriharikota evacuees — Lands granted under G.O.Ms.No.1024 dated 02....

Assigned/Rehabilitation Lands — Sriharikota evacuees — Lands granted under G.O.Ms.No.1024 dated 02.11.1970 — Nature of rights — Not ordinary DKT assignments.

The Division Bench held that lands granted to Sriharikota evacuees/repatriates under G.O.Ms.No.1024, Industries & Commerce Department as part of rehabilitation package consequent upon acquisition of their original lands for Rocket Launching Station, stood on distinct footing from ordinary DKT assignments. Government Memo dated 16.09.2000 expressly recognized that such repatriates were entitled to rights of alienation and directed issuance of regular pattas with all rights. Consequently, authorities could not subsequently treat such lands as ordinary DKT lands with restricted rights while resuming lands for SEZ project.
— Paras 8, 9 & 33 to 36.

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Land Acquisition — Rehabilitation assignees/repatriates — Right to compensation on par with pattadars — Resumption by executive action impermissible where full ownership rights recognized.

Where lands allotted to Sriharikota evacuees were resumed for establishment of Special Economic Zone by APIIC/Sri City, the Court held that once Government itself recognized assignees’ right of alienation and directed issuance of regular pattas with full rights, petitioners could not be treated as mere DKT assignees entitled only to ex-gratia. Authorities were bound to acquire lands under Land Acquisition Act and pay compensation as payable to full owners/pattadars.
— Paras 31 to 36.

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Land Acquisition Act, 1894 — Assigned lands — Compensation — Assignees entitled to compensation equivalent to full market value and statutory benefits.

The Court reiterated principle laid down in LAO-cum-RDO, Chevella Division v. Mekala Pandu that assignees of Government lands are entitled to compensation equivalent to full market value of land and all consequential statutory benefits on par with full owners even where lands are resumed in accordance with terms of assignment for public purpose. Conditions in assignment patta cannot operate as clog on right to claim compensation.
— Paras 22 & 23.

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Resumption of assigned lands — Public purpose — Requirement to follow due process under Land Acquisition Act.

The Court held that where lands of writ petitioners were sought for establishment of Industrial Park/Special Economic Zone and petitioners possessed alienable rights akin to ownership, respondents could not bypass acquisition proceedings and resort merely to executive resumption coupled with payment of ex-gratia. Due process contemplated under Land Acquisition Act was mandatory.
— Paras 20 to 22, 29 & 32.

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Special Economic Zone (SEZ) — Resumption proceedings — Compensation proceedings cannot validate illegal resumption.

Though compensation proceedings dated 21.07.2010 fixed compensation on par with patta lands inclusive of market value, solatium and additional market value, Court held that determination of compensation alone would not validate executive resumption where authorities failed to invoke proper acquisition procedure under Land Acquisition Act.
— Paras 27 to 30 & 32.

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Government Memo — Binding effect on subordinate authorities — Revenue authorities cannot ignore clarification issued by Government regarding nature of assignment.

The Division Bench observed that Government, being final authority, had already clarified through Memo dated 16.09.2000 that repatriates under G.O.Ms.No.1024 possessed rights of alienation and were entitled to regular pattas with all rights. Subordinate authorities therefore acted illegally in treating such assignments as restricted DKT assignments and in offering only ex-gratia compensation.
— Paras 33 to 36.

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Article 300-A of Constitution — Deprivation of property — Authority of law mandatory.

The writ petitioners challenged dispossession from rehabilitation lands without acquisition proceedings as violative of constitutional protection under Article 300-A. Court accepted that deprivation of such lands, after recognition of alienable ownership rights, could not be effected except through authority of law i.e., acquisition proceedings under Land Acquisition Act.
— Paras 21, 29 & 32.

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Finality of prior judgments — Earlier judgments recognizing compensation rights attained finality.

The Court noted that earlier judgments in W.P.No.561 of 2007 and W.P.No.26439 of 2008 directing payment of compensation and recognizing entitlement of assignees to compensation at par with pattadars had attained finality since neither side challenged them.
— Paras 24 to 26.

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Negotiated compensation — Assigned lands — Ex-gratia fixed on par with patta lands.

Proceedings dated 21.07.2010 revealed that compensation for DKT lands resumed for SEZ project was fixed on par with patta lands, inclusive of market value, solatium, additional market value and negotiated enhancement percentage agreed before District Negotiation Committee.
— Paras 27 & 28.

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Writ jurisdiction — Learned Single Judge directing initiation of acquisition proceedings — Upheld consideration of ownership-like rights of repatriates.

The learned Single Judge set aside resumption proceedings and directed issuance of notification under Sections 4(1) and 6 of Land Acquisition Act and completion of acquisition proceedings within stipulated time. Division Bench examined legality of said directions in light of rights flowing from G.O.Ms.No.1024 and Government Memo dated 16.09.2000.
— Paras 32 to 36.

Senior citizen plaintiff — Son deposing on behalf of aged mother — Competency of witness upheld. The Court held that where plaintiff was aged about 81 years and unable to depose personally, evidence of her son on her behalf was admissible and competent, particularly when defendants did not dispute his competency to testify. — Para 24.

 ap high court held that 

Civil Suit — Declaration of title and recovery of possession — Plaintiff must succeed on strength of own title and not on weakness of defendant’s case.

Where plaintiff sought declaration of title and recovery of possession alleging that defendant-housing society encroached Ac.0.48 cents while leveling adjoining land purchased for housing layout, the High Court reiterated that in a suit for declaration and possession, burden lies entirely upon plaintiff to establish clear title by cogent oral and documentary evidence and plaintiff cannot succeed merely by exposing defects or weaknesses in defendant’s title. Since plaintiff failed to establish valid title over disputed ‘Kattava’/ridge forming boundary between properties, suit was rightly dismissed.
— Paras 16 to 21 & 27.

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Boundary dispute — ‘Kattava’/ridge between adjoining lands — Earlier title deed prevails — Boundary recitals in prior document carry greater evidentiary value.

The Court held that where defendant’s vendor acquired property under registered sale deed of year 1948 expressly reciting joint ‘Kattava’ boundary between parties, whereas plaintiff’s title deed was subsequent document of year 1956, boundaries recited in earlier conveyance prevail. Plaintiff failed to establish exclusive ownership over disputed ‘Kattava’ or to prove that defendant subsequently encroached upon same.
— Paras 21 & 25.

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Declaration of title — Absence of specific pleadings regarding date and nature of encroachment — Effect.

The High Court noticed that though plaintiff alleged that defendant demolished hedge and encroached upon plaint schedule property while leveling adjacent land, plaint contained no specific pleading as to exact date or period of alleged encroachment or demolition of boundary hedge. Such absence of material particulars weakened plaintiff’s case regarding alleged dispossession and encroachment.
— Paras 16 & 21.

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Advocate Commissioner — Failure to localize property with reference to title deeds of both parties — Evidentiary value diminished.

Where Advocate Commissioner localized disputed property only with reference to Field Measurement Book without correlating title deeds of both parties despite specific direction in warrant, and could not explain basis for arriving at measurements mentioned in report, trial Court rightly discarded Commissioner’s evidence and report.
— Para 22.

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Evidence — Testimony of witness lacking personal knowledge — Limited evidentiary value.

Evidence of witness claiming existence of ‘Kattava’ for over twenty years was held insufficient where witness admitted he had no direct concern with suit land and derived knowledge only through another cultivator. Such evidence could not establish plaintiff’s title or possession.
— Para 23.

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Boundary versus extent — Principle explained — Boundaries prevail where extent doubtful.

The Court reiterated that where extent mentioned in title documents is doubtful or varying, boundaries generally prevail over extent. However, surrounding circumstances and earlier title deeds must also be considered in determining actual intention of parties. Applying said principle, Court held that earlier boundary recitals in defendant’s vendor’s title deed supported defendant’s case.
— Para 25.

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Housing Society — Approved layout — Measurement in presence of neighboring owners — Effect.

Evidence disclosed that before approval of housing layout, defendant-society got lands measured in presence of neighboring landowners including plaintiff’s son, boundaries were fixed and layout approved by Town Planning authorities. Plaintiff failed to object at relevant stage or establish subsequent encroachment.
— Paras 20, 21 & 26.

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Adverse possession — Plea raised by defendant — Though unnecessary after failure of plaintiff to prove title, long possession and enjoyment considered.

Defendant pleaded continuous, open and hostile possession over disputed ‘Kattava’ and adjoining land for more than thirty-five years. Though Court primarily dismissed suit for plaintiff’s failure to prove title, evidence regarding long possession of defendant supported defence version.
— Paras 6 & 26.

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Senior citizen plaintiff — Son deposing on behalf of aged mother — Competency of witness upheld.

The Court held that where plaintiff was aged about 81 years and unable to depose personally, evidence of her son on her behalf was admissible and competent, particularly when defendants did not dispute his competency to testify.
— Para 24.

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First Appeal — Reappreciation of evidence — Trial Court findings affirmed.

Upon independent reappreciation of oral and documentary evidence, the High Court affirmed findings of trial Court that plaintiff failed to establish title and possession over disputed property and consequently was not entitled to declaration, recovery of possession or injunction.
— Paras 27 & 28.