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434675	[ "\"Sir, Applicant Virendra Singh Chauhan, the abovementioned, has issued two blank cheques bearing no. and A/c no. as mentioned back, has been issued to Salim Ali against the guarantee for Rs.30,000/- taken from him.", "The report of it being misplaced from the hands of Salim Ali has been given to Police Station and same the action has been taken in Bank by Accused Fakhruddin in relation to the cheques.", "D.K. JAIN, J.:", "Leave granted.", "This appeal, by special leave, arises from the order dated 21st June, 2006 passed by the High Court of Uttaranchal in Criminal Misc.", "By the impugned order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short `the Code'), seeking quashing of the chargesheet dated 16th December, 2005 and consequent proceedings initiated against him by respondent No.2 in this appeal, hereinafter referred to as the complainant, for allegedly committing offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short `the I.P.C.').", "A few material facts giving rise to the present appeal are:", "The appellant owns a poultry farm.", "According to theappellant, he used to supply chickens to the complainant andhis partner on cash and credit basis.", "On 15th June, 2005, thecomplainant is stated to have issued a cheque in the sum ofRs.8,65,000/- drawn on Union Bank of India in favour of theappellant against the balance payment due.", "When the chequewas presented for payment, it was returned unpaid by theBank with the remarks `having no fund'.", "Thereupon, on 7thSeptember, 2005, the appellant served a legal notice on thecomplainant and his partner in terms of Section 138 of the 2 Negotiable Instruments Act, 1881 (for short `the Act'), callingupon them to make payment against the said cheque.", "Ongetting the said notice, the complainant is stated to havecooked up a story that he had issued blank cheques bearinghis signatures to one Salim Ali as security for Rs.30,000/-borrowed by him along with a guarantee receipt dated 25thJune, 2005 on a stamp paper.", "Salim Ali misplaced theaforementioned blank cheque, which was fraudulently usedby the appellant by filling up the amount of Rs.8,65,000/- andwas presented to the banker for encashment.", "Thecomplainant claims to have informed the bank about the lossof the cheque.", "On 15th September, 2005, the complainant lodged a complaint against the appellant before the Judicial Magistrate alleging commission of offences under Sections 420, 467, 468 and 471 I.P.C. The learned Magistrate, vide his order dated 19th September, 2005, directed the police to register the case and investigate it.", "In the meanwhile, on 10th October, 2005, the appellant filed a complaint against the complainant and his partner under Section 138 of the 3 Act and Section 420 I.P.C. The Judicial Magistrate took cognizance of the complaint and issued summons against the complainant.", "Aggrieved by the filing of the complaint by the complainant, the appellant moved the High Court for quashing of the proceedings before the Magistrate.", "As noted above, the High Court declined to interfere.", "Dismissing the petition, the High Court observed thus:", "There exist no evidence regarding this with the Applicant.", "The lodging of report regarding misuse of cheques by Fakhruddin or any application thereto has not been confirmed.", "Send for kind perusal.", "S.I. Dinesh Rana P.S. Haldwani\"", "17.It appears from the afore-extracted report that the stand of the complainant that a report regarding misplacing of the cheque and its user by the appellant had been lodged with the police was found to be incorrect.", "This case, after recording statement, case was investigated and till now after investigation, against the accused, u/s 420, 467, 468, 471 IPC is proved.", "There is stay arrested against accused from High Court of Nainital.", "Hence, it is prayed that accused be summoned and after taking evidence he be punished.\"" ]	[ "Section 190 in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 482 in The Indian Penal Code", "Section 467 in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 468 in The Indian Penal Code", "Section 156 in The Indian Penal Code" ]
43476931	[ "Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri Manu Raj Singh, learned AGA for the State and perused the material on record.", "This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kallu seeking enlargement on bail during trial in connection with Case Crime No. 39 of 2019, under Sections 376, 323, 504, 506 I.P.C. and Section 3/4 POCSO Act, registered at P.S. Faridpur, District Bareilly.", "Learned counsel for the applicant while addressing the matter on merits argued that identically placed co-accused Bhura Thakur has been granted bail vide order dated 16.12.2019 passed by a co-ordinate Bench of this Court in Criminal Misc.", "Bail Application No. 46169 of 2019, copy of which is annexed as annexure no. S.A.-2 of the supplementary affidavit.", "All the four persons named in the F.I.R. were subsequently named in the statement recorded under Section 164 Cr.P.C. of the victim also.", "Later on the victim gave an affidavit before the Additional Director General of Police, Bareilly Range, Bareilly exonerating two accused persons namely Raju and Munnu from the present incident, copy of which is annexed as annexure no. 7 to the affidavit.", "Learned AGA has opposed the prayer for bail.", "(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.", "In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.", "(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.", "(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant." ]	[ "Section 506 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 504 in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 229A in The Indian Penal Code" ]
43487	[ "JUDGMENT S.R. Das, J.", "Gurbakhsh Singh along with his brother Labh Singh, his son Piara Singh and his brother's son Jawahri was sent up for trial under Section 302 read with Section 34, Penal Code, for having murdered one Mohinder Singh and also under Section 307 read with Section 34, Penal Code, for having inflicted gun-shot injuries on one Thakar Singh (P. W. 17).", "The Additional Sessions Judge acquitted Labh Singh, Piara Singh and Jawahri of both the charges but convicted Gurbakhsh Singh under both Section 302 and Section 307 and sentenced him under the former section to death and under the latter section to 5 years' rigorous imprisonment.", "The High Court having dismissed his appeal and accepted the reference the present appeal has been brought by special leave of this Court by Gurbakhsh Singh against his conviction and sentences.", "The prosecution case is that on 27th or 28th October 1953 there was an altercation between Sundar Singh, brother of Suja Singh and their employee Mohinder Singh on, the one hand and Gurbakhsh Singh and Gurdip Singh on the other over 'changars' raised by Gurbakhsh Singh.", "who was then in a drunken state, in front of Suja Singh's house.", "Gurbakhsh Singh is said to have left the place after threatening Sunder Singh and Mohinder Singh with dire consequences.", "The prosecution story then goes on to say that on 12-11-1953 at about sunset Gurbakhsh Singh armed with a gun and Labh Singh, Piara Singh and Jawahri armed with spears came in front of Suja Singh's house and raised a 'lalkara' and abused Suja Singh and his brother Sunder Singh.", "Mohinder Singh the employee, came out of Suja Singh's house followed by Suja Singh, Sunder Singh and the- latter's wife Musammat Gurdial Kuer.", "Gurbakhsh Singh fired at once and hit Mohinder Singh in the chest and the abdomen.", "Mohinder Singh fell down and died on the spot.", "Hearing the report one Thakar Singh, a neighbour, came and implored Gurbakhsh Singh not to fire but Gurbakhsh Singh fired again and injured the right arm of Thakar Singh.", "Thakar Singh thereupon rushed into the house of Suja Singh and the front door of that house was closed from inside.", "The first information report was lodged at the police station at 10 p.m. on the same day by Suja Singh.", "The incident was witnessed by Suja Singh (P. W. 15), Sunder Singh (P. W. 16), Thakar Singh (P. W. 17) and Joginder Singh (P. W. 18) all of whom were examined before the Additional Sessions Judge.", "Musammat Gurdial Kuer (P. W. 19) and Jarnail Singh (P. W. 20) who were also said to be eyewitnesses were tendered for cross-examination but were not cross-examined by the defence counsel.", "The Additional Sessions Judge did not think it likely that Gurbakhsh Singh who alone had a grouse against Sunder Singh and Mohinder Singh on account of the previous altercation would bring along with him his brother Labh Singh who was 70 years of age and his son and nephew who were of the age of 16 years and 14 years respectively to assist him in spite of the fact that he was himself armed with a gun and he accordingly acquitted those three accused.", "The learned Additional Sessions Judge, however, believed the evidence of the eyewitnesses so far as such evidence related to Gurbakhsh Singh and on their evidence convicted and sentenced him as mentioned above.", "On appeal, the High Court agreed with the findings of the Additional Sessions Judge and confirmed the conviction and sentences passed on Gurbakhsh Singh and dismissed his appeal.", "Learned Advocate appearing in support of the present appeal has urged that the eyewitnesses who were disbelieved by both the Courts below as regards the other three accused should not have been believed for the purpose of convicting the remaining accused Gurbakhsh Singh.", "As pointed out by the High Court, the Louse of Labh Singh, Piara Singh and Jawahri is separated from the house of Suja Singh by only forty 'karams'.", "It is quite likely that after hearing the report of the first shot Labh Singh, Piara Singh and Jawahri had come out of their house and were seen by the eyewitnesses who might well have thought that these three accused persons were the associates of Gurbakhsh Singh and had accompanied him from the beginning.", "The High Court did not, therefore, consider that these witnesses deliberately and knowingly made any false statement only to implicate those three accused persons.", "The ballistic expert was not called and witnesses who were admittedly present on the spot were not examined in Court.", "Many of these criticisms do not appear to have been advanced before the High Court and further these criticisms only have a bearing on the question of appreciation of evidence and in the present appeal, which is by special leave, this Court cannot, consistently with its practice, convert itself into a third Court of facts." ]	[ "Section 307 in The Indian Penal Code", "Section 164 in The Indian Penal Code", "Section 5 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 107 in The Indian Penal Code", "Section 302 in The Indian Penal Code" ]
43488329	[ "Heard learned counsel for the applicant, Sri Vinod Kant, learned Additional Advocate General assisted by Sri Rajesh Mishra, learned A.G.A. for the State and Sri Jitendra Rana, learned counsel for the informant.", "It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case.", "It is further submitted that applicant is running a fair price shop and a scuffle took place between applicant and informant due to which frivolous FIR has been lodged.", "Applicant has no criminal history and he is in jail since 27.01.2020, undertakes that he will not misuse the liberty, if granted.", "This bail order would be subject to the fulfilment of following conditions:-", "The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.", "The applicant shall cooperate in the trial sincerely without seeking any adjournment." ]	[ "Section 174A in The Indian Penal Code", "Section 229A in The Indian Penal Code" ]
434894	[ "In 1936, Dalmia purchased certain shares of thecompany and became a Director and Chairman of the company.", "He resigned from these offices in 1942 and was succeededby his brother J. Dalmia.", "The head office of the BharatInsurance Company was shifted from Lahore to 10, Daryaganj,Delhi.", "Dalmia was co-opted a Director on March1.0, 1949 and was again elected Chairman of the company onMarch 19, 1949 when his brother J. Dalmia resigned.", "Dalmia was therefore, during the relevantperiod, both Chairman and Principal Officer of the InsuranceCompany.", "During this relevant period, this company had its currentaccount in the Chartered Bank of India, Australia and ChinaLtd.", "(hereinafter called the Chartered Bank) at Bombay.", "(4) To instruct the Bank to acceptinstitutions with regard to withdrawal from Chokhani andChordia.", "On the same day, Dalmia and Chordia made an application forthe opening of the account at Bombay with the result thatCurrent Account No. 1120 was opened.", "On the same dayChokhani was appointed Agent of the company at Bombay.", "He was its agent during the relevant period.", "Chokhani signed those cheques whenactually issued.", "In order to have signed cheques inpossession whenever needed, two cheque books were used.", "When the signed cheques were nearing depletion in one chequebook, Chokhani would send the other cheque book to RaghunathRai for signing again a number of cheques.", "Thus RaghunathRai did not actually know when and to whom and for whatamount the cheques would be actually issued and therefore,so far as the company was concerned, the real operation ofits banking account was done by Chokhani alone.", "This systemled to the use of the company's funds for unauthorizedpurposes.", "Chokhani used to purchase and sell securities on behalf ofthe company at Bombay.", "Most of the securities were sent toDelhi and kept with the Imperial Bank of India there.", "Theother securities remained at Bombay and were kept with theChartered Bank.", "Chokhani was not empowered by any resolution of the Board ofDirectors to purchase and sell securities.", "According to theprosecution, he purchased and sold securities under theinstructions of Dalmia.", "Dalmia and Chokhani state thatDalmia had authorised Chokhani in general to purchase andsell securities and that it was in pursuance of suchauthorisation that Chokhani on his own purchased and soldsecurities without any further reference to Dalmia orfurther instructions from Dalmia.", "The transactions which have given rise to the presentproceedings against the appellants consisted of purchase ofsecurities for this company and sale of' the securitieswhich the company held.", "The transactions were conductedthrough recognised brokers and ostensibly were normaltransactions.", "The misappropriation of funds of the companyarose in this way.", "Chokhani entered into a transaction ofpurchase of securities with a broker.", "The entire business for Bhagwati TradingCompany was really conducted by Chokhani.", "The securitiespurchased were not delivered by the brokers to Chokhani.", "Itis said that Chokhani instructed the brokers that he wouldhave the securities from Bhagwati Trading, Company.", "Thefact, however, Chokhani however was that Bhagwati TradingCompany did not deliver the securities.", "Chokhani howeverissued cheques in payment of the purchase price of thesecurities to Bhagwati Trading Company.", "Thus, the amount ofthe cheques was paid out of the company's funds without anygain to it.", "The sale transactions consisted in the sale of thesecurities held or supposed to be held by the company to abroker and the price obtained from262the sale was unutilised in purchasing formally furthersecurities which were not received: The purchase transactionfollowed the same pattern, viz., Chokhani purchased for thecompany from a broker, the broker purchased the samesecurities from Bhagwati Trading Company and the delivery ofthe securities was agreed to be given by Bhagwati TradingCompany to Chokhani.", "Bhagwati Trading Company did notdeliver the securities but received the price from theInsurance Company.", "In a few cases, securities so purchasedand not received were received later when fresh genuinepurchase of similar securities took place from the funds ofthe Bharat Union Agencies or Bhagwati Trading Company.", "These securities were got endorsed in favour of theInsurance Company.", "The funds of the company, ostensibly spent on the purchaseof securities, ultimately reached another company the BharatUnion Agencies.", "It is said that the matter wasput up in the meeting with an office note which recordedthat the purchase was under the instructions of theChairman.", "Dalmia however, denies that Raghunath Rai everapproached him for the confirmation or approval of thepurchase transaction and that he told him that the purchasetransaction was entered into under his instructions.", "Shri Khanna carried out the audit andwas not satisfied with respect to certain matters and thatmade him ask for the counterfoils of the cheques and for theproduction of securities and for a satisfactory explanationof the securities not with the company at Delhi.", "The matter, however, came to a head not on account of theauditors' report, but on account of Shri Kaul, DeputySecretary , Ministry of Finance, Government of India,hearing at Bombay in September 1955 a rumour about theunsatisfactory position of the securities of the InsuranceCompany.", "He contacted Dalmia and learnt on September 16,1955 from Dalmia's relatives that there was a short-fallsecurities.", "He pursued the matter Departmentally and,eventually, the Government of India appointed ShriAnnadhanam under a. 33 (1) of the Insurance Act toinvestigate into the affairs of the company.", "Dalmia is said to have made aconfessional statement to Annadhanam on September 20.Attempt was made to reimburse the Insurance Company withrespect to the short-fall in securities.", "The matter was,however, made over to the Police and the appellants and afew other persons, acquitted by the Sessions Judge, wereproceeded against as a result of the investigation.", "Instead, K. L. Gupta, P. W. 112, who was theManager of the Bharat Insurance Company in 1951 and itsGeneral Manager from 1952 to August, 1956, has proved thebye-laws, Exhibit P. 786, to be the draft revised bye-lawsapproved by the Board of Directors at that meeting.", "The bye-laws of thecompany can be proved from other evidence.", "K. L. Gupta waspresent at the meeting when the bylaws were passed.", "Dear Sir,Re : Safe Custody of Govt. Securities.", "We are sending herewith true copies of Resolution No. 4 dated 10th March, 1949, Resolution No. 3 dated 10th March, 1949, and Resolution No. 8 dated 8th September, 1951, along with a certified copy of the Bye-laws of the Company for registration at your end.", "By virtue of Art. 12 clause (e) of the Byelaws of the Company I am empowered to deal in Government Securities etc. The specimen signatures Card of the undersigned is also sent herewith.", "Yours faithfully, Encls.", "5 Sd/- R. Dalmia Chairman.\"", "By Resolution No. 4 dated March 10, 1949, Dalmia was co-opted Director of the Company.", "The accused was the President of the SalpitiKoral Union.", "The Union supplied goods to its membersocieties through three depots.", "The accused was alsoPresident of the Committee which controlled one of thesedepots.", "Thepayments to the Central Bank used to be made through him.", "The accused instructed this Manager to follow a course otherthan the prescribed routine.", "the amounts from the stores in cash and hand them over tohim for transmission to the Bank.", "We may now proceed to discuss the detailed nature of thetransactions said to have taken place in pursuance of thealleged conspiracy.", "It is, however, not necessary to givedetails of all the impugned transaction.", "The details of thefirst few transactions will illustrate how the whole schemeof diverting the funds of the Insurance Company to the UnionAgencies was worked.", "Of course, there is no evidenceabout the conversation which took place at these talks.", "Thesignificance of these calls lies in their taking placeduring the period when the scheme about the diversion offunds was coming into operation for the first time, but inthe absence of evidence as to what conversation took place,they furnish merely a circumstance which is not conclusiveby itself.", "On August 7 and 9, 1954, the Punjab National Bank, Bombay,received Rs. 2,00,000 and Rs. 3,00,000 respectively in theaccount of the Union Agencies, telegraphically from Delhi.", "On the same day, Vishnu Prasad, appellant, opened an accountwith the Bank of India, Bombay, in the name of BhagwatiTrading Company.", "He gave himself out as the sole proprietorand mentioned the business of the company in the form foropening account as merchants and commission agents'.", "Hemade a deposit of Rs. 1, 100 said to have been supplied tohim by Chokhani.", "On August 11, 1954, Vishnu Prasad made another deposit ofRs. 1,100, again said to have 303been supplied by Chokhani, as the first deposit in theaccount he opened with the United Bank of India, Bombay, inthe name of Bhagwati Trading Company.", "The business of thecompany was described in the form for opening account asmerchants, piece-goods dealers.", "All these cheques were drawn on theChartered Bank, Bombay.", "On August 12, 1954, Vishnu Prasad drew cheques for Rs.9,00,000 in the account of Bhagwati Trading Company in theUnited Bank of India.", "The amount was collected by hisfather Bajranglal.", "He drew another cheque for Rs. 9,60,000in the account of the Bhagwati Trading Company with the Bankof India, Bombay, and collected the amount personally.", "He issued cheques for Rs. 9,37,473-5-9between August 9 and August 13, 1954, on the account withthe Punjab National Bank.", "He alsoissued, between August 13 and August 19., 1954, cheque forRs.", "6,84,833-14-0 on the Bank of India, in favour306of the share brokers at Bombay on account of the lossessuffered by the Union Agencies.", "Chokhani informed the head office at Delhi about thesepurchase transaction of securities worth Rs. 27,00,000,through letter dated August 16, 1954, and along with thatletter sent the contract note and statements of accountsreceived from the brokers.", "No mentioned was made in theletter about the payment being made to Bhagwati TradingCompany through cheques or about the arrangement aboutgetting the securities from Bhagwati Trading Company orabout the postponement of the delivery of the securities bythat company.", "On receipt of the letter, Raghunath Raicontacted Dalmia and, on being told that the securities werepurchased under the latter's instructions, made over theletter to the office where the usual entries where made andrecords were prepared, as had to be done in pursuance of theoffice routine.", "Ultimately, the formal confirmation of thepurchases was obtained on August 30, 1954, from the Board ofDirectors at its meeting for which the office note Statingthat the securities were purchase under the instruction ofthe Chairman (Dalmia) was prepared.", "The office note,Exhibit P. 793, with respect to the purchase of thesesecurities worth Rs. 27,00,000 was signed by Chordia, whowas then the Managing, Director of the Bharat InsuranceCompany.", "On August 16, 1954, Vishnu Prasad withdrew Rs. 2,200 fromthe account of the Bhagwati Trading Company with the Bank ofIndia, according to his statement, gave this money toChokhani in return for the amount Chokhani had advancedearlier for opening accounts for Bhagwati Trading Companywith the Bank of India and the United Bank of India.", "Thereafter, whatever money was in the account of BhagwatiTrading Company with these Banks was the money obtainedthrough the dealings entered into on behalf of BhagwatiTrading Company, the funds307for most of which came from the Bharat Insurance Company.", "On August 18,1954, Vishnu Prasad drew a sum of Rs. 50,000from Bhagwati Trading Company's account with the Bank ofIndia and passed on the amount to the Union Agencies throughChokhani.", "1954, he withdrew Rs. 90,000 fromBhagwati Trading Company's account with the United Bank ofIndia and Rs. 5,10,000 from its account with the Bank ofIndia and passed on these amounts also to the Union Agenciesthrough Chokhani.", "Chokhani then issued cheques to tellingRs.", "Securities worth Rs. 10,00,000 were 2-1/40% 1954securities and the balance were 2-1/2% 1955 securities.", "These securities were then sent to Bombay and sold there.", "On September 9, 1954, Rs. 6,25,000 were transferred fromDelhi to the account of the Insurance Company with theChartered Bank, Bombay, by telegraphic transfer.", "The 1955 securities would have matured muchlater.", "Thepurchase price was paid out of the funds of the UnionAgencies and Bhagwati Trading Company.", "The securities were,however, got endorsed in the name of the Insurance Company.", "Chokhani got the securities sometimes about December 21,1954, and, therefore, got them converted into stock certi-ficates which were then sent to the head office at Delhi.", "There still remained 3% 1959-61 securities of face value ofRs. 35,00,000 to be accounted for.", "Now securities viz., 2-3/4%1962 securities of the face value of Rs. 46,00,000 had beenostensibly purchased.", "The auditors could demand inspectionof these newly purchased securities.", "Chokhani thereforeentered into another purchase transaction.", "The purchase price was paid by the saleof 3% 1957 securities of the face value of Rs. 46,00,000which the Insurance Company possessed.", "For this purpose ,Chokhani withdrew these securities of the face value of Rs.8,25,000 from the Chartered Bank, Bombay, and Rs. 37,75,000worth of securities were sent to Bombay from Delhi.", "Thesesecurities were then converted into inscribed stock.", "It possessed securities worth Rs. 46,00,000only and inscribed stock certificate with respect to thatcould serve the purpose of verifying the existence of theother set of Rs. 46,00,000 worth of securities.", "Minutes with respect to other mattersdo refer to the office notes.", "This does not, however, meanthat office notes were not prepared.", "Confirmation of thepurchase and sale of the shares was a formal matter for theBoard.", "All the office notes, except one, were signed by RaghunathRai.", "Another suggestion put to him was that Raghunath Rai offeredto retire, but he kept his offer pending because of thiscase.", "This suggestion too was denied.", "It was brought out in the cross-examination of Raghunath Raithat he was in a position in which he could be influenced bythe Administrator.", "Raghunath Rai was using the office car.", "Its use was stopped by the Administrator in January, 1956.He was not paid any conveyance allowance.", "In April, 1958,he made a representation to the Administrator for thepayment of that allowance to him.", "The amount of conveyance allowance wasRs.", "A further conversation in August is thereforemost likely as deposed to.", "The main fact remains thatDalmia said that the securities be sent for in December,1955, which implies his knowledge of the transactions inquestion.", "We are of opinion that the discrepancies or contradictionspointed out in Raghunath Rai's statement are not such as todiscredit him and make him an unreliable witness and that heis not shown to be under the influence of the prosecution.", "Further, his various statements connecting Dalmia with thecrime, find corroboration from other evidence.", "Letter Exhibit P. 1351 dated September 4, 1954, was sent tothe Imperial Bank of India, Delhi Branch, under thesignature of Dalmia as Chairman.", "The letter directed thebank to deliver certain securities to the bearer.", "Dalmiaadmits his signatures on this document and also on theletter Exhibit P. 1352 acknowledging the receipt of thesecurities sent for, thus corroborating Raghunath Rai'sstatement that the securities were withdrawn under hisinstructions.", "Letters Exhibit D. 3, dated March 16, 1955, and P. 892 datedAugust 5, 1955, from Raghunath Rai to Chokhani, mentionedthat the stock certificates were being sent under theinstructions of the Chairman.", "He wasin difficult position.", "Vishnu Prasad opened the bankingaccounts in two banks at Bombay on August 9 and August 11,1954, depositing the two sums of Rs. 1,100 each in each ofthe two banks.", "Dudani was the personal accountant of Dalmia and Manager ofthe Delhi Office of the Union Agencies, and was alsoSecretary of Asia Udyog Ltd. Asia Udyog appears to be asister concern of the Union Agencies.", "Its officeswere in the same room in which the offices of the UnionAgencies were.", "Dhawan, who succeeded Dalmia as Director ofGovan Brothers Ltd., was an employee of Asia Udyog.", "The speculation business of Dalmia Cement and Paper Marketing Co,.", "Ltd., the paid up capital of which nearly all belonged to Dalmia was on the liquidation of that company taken over by Bharat Union Agencies and more or less the same persons conducted the business of Bharat Union Agencies who were previously looking after Dalmia Cement & Paper Marketing Company.", "Bharat Union Agencies was known and taken to be the concern of Dalmia by its then Accountant Dhawan and by the brokers with whom it had dealings 342", "Chokhani, who hold power of attorney on behalf of Dalmia and Bharat Union Agencies, told the brokers at the time he gave business of Bharat Union Agencies to them J. that it was the business of Dalmia.", "The salaries of personal and domestic employees of Dalmia were paid by Bharat Union Agencies and those payments were debited to the Salaries Account of the company.", "The personal employees of Dalmia were thus treated as the employees of Bharat Union Agencies.", "Dalmia's own statement to Annadhanam on September 20, 1955,goes to support the conclusion in this respect.", "He statedto him then that he had lost the moneys in speculation whichhe did through his private companies and that most of thosetransactions were through the Union Agencies.", "The only thingthat he had to do in connection with further contingenciesof demands for losses, was to send for securities from Delhiwhen the funds at Bombay were low.", "Such requests for thetransfer of securities could be made in good time or bytelephonic communication or even by letters addressed toDalmia personally.", "The fact remains that a number ofsecurities were sent from Delhi to Bombay under thedirections of Dalmia when there was no apparent reason tosend them other than the need to meet losses incurred orexpected.", "Dalmia informed the Imperial Bank at Delhi about his powerto deal with securities on September 4, 1954, though he hadthat power from September, 1951, itself.", "Thereafter, 30/ 1957 securities of theface value of Rs. 37,75,000 were sent on January 6, 1955.Raghunath Rai deposes that he withdrew these from theImperial Bank, Delhi, under the directions of Dalmia, andthat he handed them over to Dalmia.", "These securites didreach Bombay.", "There is no clear evidence as to how theyWent from Delhi to Bombay.", "Eleven stock certificates of the face value of Rs. 57,72,000were sent to Bombay on March 16, 1955, vide letter Ex. D.", "On the next day,i.e., on July 16, 1955, stock certificates of 3% Bombay Loanof 1955 of the face value of Rs. 15,50,000 and stock352certificates of 3 % Loan of Government of Madhya Pradesh ofthe face value of Rs. 60,500 were sent to Bombay-vide Exs.", "D. 1 and D. 2 respectively.", "It is to be noticed that what was sent were thestock certificates and it might have been necessary to getthe securities covered by those certificates for the purposeof redemption and that might have taken time.", "No pointedquestion was put to Raghunath Rai as to why he sent thesecurities two months ahead of the date of maturity.", "Dalmia denies that he gave any instructions for the sendingof the securities.", "There seems to us to be no good reasonwhy the expression under the instructions of the Chairman'would be noted in letters Exhibits D. 3 and P. 892, unlessthat represented the true statement of fact.", "We have already discussed and expressed the opinion, inconsidering the evidence of Raghunath Rai, that RaghunathRai was told by 353Dalmia, when informed of the purchase or sale of securities,that had been done under instructions and that he hadconfirmed them.", "The aforesaid powers conferred on Chokhani aredifferent from the powers of sale or purchase of securities.", "Dalmia has stated that he authorised Chokhani to purchasesecurities in about October, 1953,when he was to leave forabroad and that thereafter Chokhani had been purchasing andselling securities in the exercise of that authority withoutconsulting him.", "It is urged for him that Raghunath Rai'sstatement that be used to obtain confirmation of thepurchase and sale of the securities from him cannot be true,as there was no necessity for such confirmation.", "The explanationfor the introduction of joint-signature scheme does notstand to reason.", "These transactions have to be confirmed by theBoard of Directors and therefore confirmation of theChairman who was the only person authorised to purchase andsell securities was natural.", "Raghunath Rai states that when he received no reply to hisletter dated November 19, 1954, asking for distinctivenumbers of securities not received at headquarters.", "Dalmiasaid that he would arrange for the dispatch of those secu-rities from Bombay to the head office.", "The said certificate As notbeen received by us355as yet.", "It may be sent now immediately as it is requiredfor the inspection of the company's auditors.", "\"This indicates that Dalmia was in the know of the positionof securities and, on his own, gave instructions to Chokhanito convert certain securities into inscribed stock.", "Dalmia admits Raghunath Rai's speaking to him about the non-receipt of the securities and his telling him that he wouldask Chokhani to send them when he would happen to talk tohim on the telephone.", "At the time securities ofthe face value of Rs.53,25,000 were in deposit in theChartered Bank at Bombay.", "There was thus no need forsending these securities from Delhi.", "Chokhani could havewithdrawn the necessary securities from the Bank at Bombay.", "This indicates that on learning that there were no liquidfunds for meeting the losses at Bombay, Dalmia himselfdecided to send these securities to Bombay for sale and forthus providing for the liquid funds there for meeting thecost of the intended fictitious purchase of securities tomeet the losses of the Union Agencies.", "It is not suggestedthat these securities were sent to Bombay at the request ofChokhani.", "Securities withdrawn in January, 1955, and stockcertificates sent in March and August, 1955, coincided withthe period when the Union Agencies suffered losses and thefunds of the Insurance Company at Bombay were low and wereinsufficient to meet the losses of the Union Agencies.3% 1957 securities of the face value of Rs. 46,00,000 (Rs.37,75,000 set from Delhi and356Rs.", "This purchase, though genuine, was not a purchase in theordinary course of business, but was for the purpose ofprocuring the inscribed stock certificate to satisfy theauditors, as already discussed earlier, that similarsecurities purchased in December, 1954 existed.", "Dalmia came to the office at 6.30 p.m. though theappointment was for 5.30 p.m. His companion stayed outsidethe office room.", "Annadhanam asked Dalmia the explanationwith regard to the missing securities.", "Dalmia wanted twohours' time to give the explanation.", "This was refused.", "Hethen asked for half an-hour's time at least.", "They were sentto Gurha personally.", "Dingle Foot, D. R. Prem, S. M. Sikri, G. H.Jauhari and A. N.Goyal, for the appellant (in Cr. A. No. 7 of 61).R. L. Kohli and A. N. Goyal, for the appellant (in Cr.", "A.No. 8 of 1961).", "Prem Nath Chadha, Madan Gopal Gupta and R. Choudhri, forappellant No. 2 (in Cr. A. No. 9 of 1961).", "To cover up this unauthorised transfer offunds, the various steps for the transfer of funds from onecompany to the other and the falsification of accounts ofthe Insurance Company and the Union Agencies took place andthis conduct of the accused gave rise to the variousoffences they were charged With and convicted of.", "The real nature of the sale and' purchase transactions ofthe securities did not come to the notice of the head officeof the Insurance Company at Delhi as Chokhani communicatedto the head office the contracts of sale and purchase withthe brokers' statements of accounts, with a covering letterstating the purchase of securities from the brokers, withoutmentioning that the securities had not been actuallyreceived or that the cheques in payment of the purchaseprice were issued to Bhagwati Trading Company and not to thebrokers.", "Raghunath Rai, the Secretary-cum-Accountant of the InsuranceCompany, on getting the advice about the purchase ofsecurities used to inquire from Dalmia about the transactionand used to get the reply that Chokhani had purchased themunder Dalmia's instructions.", "Thereafter, the usualprocedure in making the entries with respect to the purchaseof securities was followed in the office and ultimately thepurchase of securities used to be confirmed at the meetingof the Board of Directors.", "High Ct.", "High Ct.", "High Ct.", "Dalmia states in answer to question No. 15 (put to him unders.", "At this crucial time, telephonic communications did takeplace between presumably Dalmia and Chokhani.", "The callswere made from Telephone No. 45031, which is Dalmia's numberat 3, Sikandara Road, New Delhi to Bombay No. 33726, of Cho-khani.", "Two calls were made on August 7, 1954, three onAugust 8, two on August 11 and one each on August 13 andAugust 14, respectively.", "On September 9, 1954, Chokhani issued two cheques, one forRs.", "15,00,000 and the other for Rs. 9,20,875 on the accountof the Insurance Company with the Chartered Bank, in favourof Bhagwati Trading Company which deposited the amount ofthe cheques into its account with the Bank of India, Bombay.", "Vishnu Prasad passed on Rs. 24,00,000 to the Union Agenciesthrough Chokhani.", "To complete the entire picture, we may now mention the stepstaken to cover up the non-receipt of securities purchased,at the proper time.", "By November, 19, 1954, securities of the facevalue of aboutRs. 80,00,000 bad been purchased by Chokhani on behalf ofthe Insurance Company and such securities bad not been sentto the head office at Delhi.", "Raghunath Rai referred thematter to Dalmia and, on his approval, sent a letter onNovember 19, 1954, to Chokhani, asking him to send thedistinctive numbers of those securities.", "In order to enableBhagwati Trading Company to pay the purchase price, Chokbanipaid Rs. 16,00,000 to it from the account of the BharatUnion Agencies with the Banks at Bombay, and Rs. 10,08,515-15-0 from the account of the Insurance Company with theChartered Bank by a fictitious purchase of 2-1/2% 19611securities of the face value of Rs. 11,00,000 on behalf ofthe Insurance Company.", "by taking a step similar to those takenfor the purchase of securities in August and September,1954, already referred to.", "Both onaccount of the necessity for obtaining the interestcertificate and also on312account of the expected check of securities by the auditorsappointed for auditing the accounts of the Insurance Companyfor the year 1954, it became necessary to procure thesesecurities or to sell them off.", "They were purchased inSeptember, 1954, as already mentioned, but had not beenreceived up to the end of December.", "On December 27, 1954,Chokhani purchased 2-3/4% 1962 securities of the face valueof Rs. 46,00,000, in two lots of Rs. 11,00,000 and Rs.35,00,000 respectively, on behalf of the Insurance Company.", "He also entered into the usual cross-contract with thebrokers for the sale of those securities on behalf of theUnion Agencies.", "This was a fictitious transaction, asusual, and these securities were not received from the UnionAgencies.", "On the same day, Chokhani entered into a contractfor the sale of 3% 1959-61 securities of the face value ofRs.", "35,00,000 on behalf of the Insurance, Company and alsoentered into a cross-contract on behalf of the UnionAgencies for the purchase of these securities from the samebrokers.", "As these securities did not exist with theJnsuranco Company, these transactions were also papertransactions.", "We need not give details of the passing of money from oneconcern to the other in connection with these transactions.", "For purposes of audit the 1959-61 securities of the facevalue of 313Rs.35,00,000 had been sold.", "Turning to the evidence on record, the main statement on thebasis of which, together with other circumstances, theCourts below have found that Dalmia had the necessarycriminal intent as what Chokhani did was known to him andwas under his instructions, is that of Raghunath Rai,Secretary-cum-Account of the Bharat Insurance Company.", "MrDingle Foot has contended firstly that Raghunath Rai was anaccomplice of the alleged conspirators and, if not, he was awitness whose testimony should not, in the circumstances bebelieved without sufficient corroboration which does riotexist.", "He has also contended that the Courts below fellinto error in accepting the statements made by him whichfavoured the prosecution case without critically examiningthem, that they ignored his statements in favour of theaccused for the reason that he was under obligation toDalmia and ignored his statements inconsistent with hisprevious statement as he was not confronted with them incross-examination.", "An accomplice is a person who participates in the commissionof the actual crime charged against an accused.", "He is to bea particleboard.", "The mere signing of the blank cheques ishardly an index of complicity when the bank account had tobe operated both by Chokhani and Raghunath Rai, jointly.", "Raghunath Rai had to sign blank cheques in order to avoiddelay in payments and possible occasional falling through ofthe transactions.", "No sinister retention can be imputed toRaghunath Rai on account of his signing blank cheques in theexpectation that those cheques would be properly used byChokhani.", "The counterfoils have not been produced and thereis no evidence that they showed the real state of affairs,i.", "e., that the cheques were issued to Bhagwati TradingCompany and not to the brokers from whom the securities werepurchased.", "the part it took in the transactions were to be kept secretfrom the head office.", "When counterfoils were sent for inAugust, 1955, they were not received from Bombay.", "Chokhanistates that he did not get that letter.", "Moreover, counterfoils reach the head office after a longtime and there is no particular reason why Raghunath Raishould notice the counterfoils then.", "He does not state inhis evidence that he used to look over the counterfoils whenthe cheque books came to him for further signatures.", "We do not therefore agree that Raghunath Rai was anaccomplice.", "Even if it be considered that Raghunath Rai's evidencerequired corroboration as to the part played by Dalmia, thecircumstances to which we would refer later in thisjudgment, afforded enough corroboration in that respect.", "Raghunath Rai made a statement.", "He made certainstatements in Court which were at variance with thestatement made on that occasion.", "Raghunath Raiwas cross-examined with respect to certain letters he hadsent to Chokhani.", "Annadhanam's statement inthe letter Exhibit P. 2 about their being informed that inMarch, 1954, after the purchase, the securities were kept inBombay in the custody of Chokhani refer to what they weretold in the first week of January, 1955, and not to whatRaghunath Rai told him on September 9, 1954.Raghunath Rai stated that on one or two occasions be,instead of going to Dalmia, talked with him on telephoneregarding the purchase and sale of securities by Chokhaniand that Dalmia told him on telephone that be bad instructedfor the purchase322and sale of securities and that he was confirming thepurchases or sales.", "It is immaterial whether that wasdone on telephone or on Raghunath Rai actually meeting him.", "75 per mensem.", "Raghunath Rai could not give anysatisfactory explanation as to why he remained silent withregard to his claim for conveyance allowance for a period ofover two years, but denied that he was given the allowancewith retrospective effect in order to win him over to theprosecution.", "The Administrator forwarded theapplication to the higher authorities.", "The amount of his gratuity and provident fund in the custodyof the Insurance Company amounted to Rs. 35,000.We do not think that the Administrator had any reason toinfluence Raghunath Rai's statement and acted improperly insanctioning oar allowance to him retrospectively and wouldhave so acted with respect to Raohunath Rai's gratuity ifRaghunath Rai had not made statements supporting theprosecution case.", "Raghunath Rai stated on July 29, 1958, that in July, 1955,when he informed Dalmia that the bulk of the securities wereat Bombay and the rest were at Delhi, Dalmia asked him towrite to Chokhani to deposit all the securities in Bombay inthe Chartered Bank.", "At this he told Dalmia that if the saleand purchase of securities was to be carried on ashithertofore, there was no use depositing them in the Bankand thus pay frequent heavy withdrawal charges, andsuggested that the securities could be deposited in the Bankif the sale and purchase of them had to be stoppedaltogether and that Dalmia then said that the securitiesshould be sent for to Delhi in the middle of December, 1955for inspection by the auditors.", "He asked Dalmia to directChokhani to deposit all the securities in the Chartered Bankor to send them to Head Office.", "Dalmia then said that thesale and purchase of securities had to be carried on forsome time and therefore the question of depositing thosesecurities in the Bank or sending them to the head officedid not arise for the time being and that the securitiesshould be sent for to the head office in December, 1955.Raghunath Rai thus made a significant change in hisstatement.", "On July, 29,1958, he opposed the direction ofDalmia for writing to Chokhani to deposit the securities inthe Bank as that would entail heavy withdrawal charges incase the sale and purchase of securities were not to bestopped while, according to his statement the next day, hehimself suggested to Dalmia in August, 1955, that Chokhanibe asked to deposit all the securities in the Bank or tosend them to the head office.", "He denied the suggestion thathe made this change in his statement under pressure of thePolice.", "He went there in orderto take certain papers which he had kept there.", "He,however, had not brought any papers on July 30 as, accord-", "ing to him, his main cross-examination had been over.", "Chokhani had been inconsistent about Raghunath Rai's laterknowledge of the existence of Bhagwati Trading Company.", "Inanswer to question No. 66, on November 13, 1958, he stated :", "\"I did not contradict the statement made in Ex xi :P. 813 that cheque No. B564809 327 dated 17-11-54 had been issued in favour of Narain Das and Sons although that cheque had in fact been issued in favour of Bhagwati Trading Company and not in favour of Narain Das and Sons because those at the Head Office did not know anything about Bhagwati Trading Company\".", "In answer to question No. 149, on November 14, 1958, hestated:", "Vishnu Prasad, however, made a statement at the close of theday when he had made the above statement, and said:", "He bad powers over thestaff of both the companies.", "L. N. Pathak, R. B. Jain and G. L.Dalmia, were authorised to operate on the account of boththe Union Agencies, Calcutta, and Asia Udyog Ltd., with theUnited Bank of India, Calcutta.", "The issue and transfer of shares of the Union Agencies inSeptember and October, 1954, seem to be in pursuance of anattempt to meet a contention, as at present urged for theState, that Dalmia was the largest shareholder in it.", "Thesame idea seemed to have led to the transfer of shares toSharma by Dalmia.", "This can go tosupport the allegation that Dalmia knew about the shadytransactions which were in progress from early August, 1954.The learned Sessions Judge relied on the followingcircumstances for his conclusion that Dalmia was synonymouswith Bharat Union Agencies.", "On January 11, 1955, Rs. 3,34,039-15-3, the balance of thesale proceeds was deposited in the accounts of the InsuranceCompany.", "Inscribed stock for these securities worth Rs.", "'46,00,000 was duly obtained.", "The fact that these securities remainedintact for a period of over three years, bears out our viewthat the purchasing and selling of securities was not thenormal business of the Insurance Company, Securities arepurchased for investment and are redeemed on the date ofmaturity.", "In this connection, reference may be made to Khanna'sstatement in answer to question in cross-examination-Thefrequency of transactions relating to purchase and sale ofsecurities depends upon the share market and its trends ?His answer was that was so, but that it also depended on thecharacter of the company making the investment insecurities.", "Raghunath Rai states that when on September 9, 1955, theauditors wanted the production of the securities, said to beat Bombay, in the next two days, he informed Dalmia about itand Dalmia said that he would arrange for their productionafter two days.", "Dalmia, however, took no steps to contactChokhani at Bombay, but rang up Khanna instead and asked himto certify the accounts as they had to be laid before theCompany by September 30, and told him that everything was inorder,.", "that he would give all satisfaction later,358soon after Chokhani was available and that he did not askfor an extension of time for the filing of the accounts asthat would affect the prestige of the company.", "On September10, 1955, when Raghunath Rai handed over the letter ExhibitP. 2 of even date from the auditors asking him to produce astatement of investments as on September 9, 1955, along withthe securities or evidence if they were with other persons,by Tuesday, September 13, Dalmia had stated that Chokbani'smother had died and that he would himself arrange for theinspection of securities direct with the auditors.", "Dalmia had noreason to tell Raghunath Rai on September 9 that thesecurities would be produced for inspection in the next twodays, unless he believed that he could get them in that timeon contacting Chokhani, or did not wish to tell him the realposition.", "Dalmia states that he contacted Chokhani for thefirst time on September 15, the last day of the mourning andthen learnt from Chokhani that the securities were not inexistence, the money withdrawn for their purchase havingbeen lent to the Union Agencies.", "Annadhanam was a CharteredAccountant and partner of the Firm of Chartered AccountantsM/s.", "Khanna and Annadhanam, New Delhi, and he was appointedby the Central Government, in exercise of its powers unders.", "33(1) of the Insurance Act, 1938, on September 19, 1955,to investigate into the affairs of the Bharat Insurance360company and to report to the Government on suchinvestigation.", "He started this work on September 20.Annadhanam, having learnt from Raghunath Rai about themissing of a number of Government securities and the amountof their value from the statement prepared by him, calledDalmia to his office that evening in order to make astatement.", "Exhibit P. 11 reads:", "(3) of Art. 20 of the Constitution.", "The only witnesses with respect to the recording of thestatement Exhibit P. 10. are Annadhanam and Khanna.", "Thethird person who knew about it and has stated about it isDalmia himself.", "He has given his version both in hisstatement recorded under s. 342 Cr. P. C.- and in hiswritten statement filed on October 24, 1958.We may first note the relevant statement in this connectionbefore discussing the question whether the allegedconfession is voluntary and therefore admissible inevidence.", "Annadhanam made the following relevantstatements:", "This wasallowed.", "It was read overto Dalmia.", "Dalmia admitted it to be correct and signed it.", "Shortly' after, Dalmia stated that he wanted to add one moresentence to his statement.", "He was again administered oathand his further statement, Exhibit P. 11 was recorded.", "the money alleged to have been embezzled andfurther stated that Khanna did not tell this to Dalmia.", "Hedenied that Exhibit P. 10 was never made by Dalmia and wasfalse and reiterated that statement was made by Dalmia.", "Hedid not consider it proper to reduce to writing every wordof what transpired between him and Dalmia from the moment ofthe latter's arrival in his office till the time of hisdeparture, and considered it proper' to reduce in writingthe statement which was made with regard to the missingsecurities.", "He further stated that his statement aboveDalmia's making statements Exhibits P. 10 and P. 11voluntarily was on account of the facts that Dalmia himselfvolunteered to make those statements and that he himself hadoffered no inducements or promises.", "In cross-examination by Mr. T. C. Mathur, he denied that hetold Dalmia that as Chairman of the Insurance Company heshould own responsibility for the missing securities andthat would make him a greater Dalmia because he was preparedto pay for the short-fall and further denied that it was onaccount of the suggested statement that Dalmia had asked fortwo hours' time before making his statement.", "Nothingsinister can be inferred from this variation.", "Khanna practically supports the statement of Annadhanam, notonly with respect to Exhibit P. 10 and P. II, but also withrespect to the third statement said to have been made nearthe staircase.", "Shri Annadhanam then asked me as to when the securities had been sold or mortgaged I replied that I did not know with regard to the time when the securities had been sold or mortgaged.. Shri Annadhanam then asked me as to what were the places where there were offices of Bharat Union Agencies.", "I then told him that the offices were at Bombay and Delhi.", "He deniedthe third statement alleged to have been made near thestaircase.", "He further which tend to impute an inducement on the part ofKhanna to him.", "At that time I was restless to pay the money.", "Therefore I took that whatever Shri Khanna and Annadhanam were saying was for my good\".", "He stated that he asked Annadhanam and Khanna for two hours'time to consult his brother.", "\"I told them to write in whatever way they thought best and whatever they wrote I simply signed.", "After signing when I read it, I pointed out to them that they had not written that I wanted to pay every pie of the policy holders and then they wrote as I told them and I signed\".", "That was notnecessary for the prosecution case.", "The prosecution has not impugned anytransaction entered into by Chokhani during this period.", "Itis not therefore essential for the prosecution to have ledevidence of telephonic calls between Dalmia and Chokhaniduring this period.", "Another document which the prosecution is 383said not to have produced is the Dak Receipt.", "TheRegister could have at best shown on which dates the variousadvices received from Bombay about the transactions werereceived.", "On that point there had been sufficient evidenceled by the prosecution.", "The accused could have summonedit if he had particular reason to rely on its entries toprove his case.", "It was quite unnecessary to examine Mr.", "He was alsoprosecuted, but was acquitted.", "Noexplanation has been given as to why this course of makingentries was adopted.", "The genuine cash statements are on record.", "The allegedfictitious statements are not on the record.", "Of the journal vouchers with respect to which the threecharges under s. 477 A, 1. P. C. had been framed, two arethe vouchers prepared by Dhawan crediting the amountsmentioned the rein to Asia Udyog Ltd., and debiting them tothe Bombay Office of the Union Agencies.", "Sheetsof the journal statement on which corresponding entries arenoted have also been changed.", "The learned Sessions Judge appears to have overlooked thestatement of Sri Kishen Lal to the effect:", "Ho did not say that he deliberately gotfalse documents prepared due to directions from Chokhani andwhich he could not disregard.", "Even if it be so, that meansthat Gurha got false documents made deliberately.", "Of the persons working forthe Union Agencies, five were accused at the trial, Kannan,Lakhotia, Gurha, Mittal and Dudani.", "Only Gurha among themwas convicted.", "The others were acquitted. 'The remainingpersons were Krishnan, Panohawagh and the clerks O. D.Mathur and Attarshi.", "Similarly it was not necessary to examinethe others for that purpose.", "A mere consideration that theymight have given a further description of how thingshappened in those offices would not justify the conclusionthat the omission to examine them was an oblique motive andcould go to benefit the accused.", "A grievance was made that the High Court did not deal withthe question whether the police tampered with the cashstatement and the journal.", "It was however notmentioned in the grounds of appeal.", "The trial Court diddeal with the point and held against the appellant Gurha.", "We do notconsider these to justify the reduction of the sentence when404he was the chief person to carry out the main work of theconspiracy.", "We also do not consider Dalmia's sentence, in thecircumstances of the case, to be severe.", "We therefore dismiss these appeals.", "Appeals Dismissed." ]	[ "Section 409 in The Indian Penal Code", "Section 406 in The Indian Penal Code" ]
43551447	[ "(ii) Application stands disposed of accordingly." ]	[ "Section 494 in The Indian Penal Code" ]
43558830	[ "Hon'ble Virendra Kumar-II,J.", "(Delivered by Hon'ble Virendra Kumar-II, J.)", "1. Heard Sri Pradeep Kumar Tripathi, learned counsel for appellants as well as Sri Umesh Chandra, learned A.G.A. for the State.", "These appeals have been preferred assailing impugned judgment and order dated 15.05.2006 delivered by the Court of Additional Sessions Judge, Court No.1, Lakhimpur Kheri in Sessions Trial No. 243 of 2004: State Vs.", "On the basis of this written report, F.I.R. was lodged on 17.12.2003 at 19.00 hours regarding incident dated 17.12.2003 occurred at 4.30 p.m.. Crime number 497 of 2003 for offence under Section 147, 148, 149, 506 and 302 I.P.C. was registered against the appellants.", "The complainant has narrated in his written report that he is resident of Village Rausa within limits of police station Fardahan.", "On 17.12.2003 at about 4.00 p.m, he and his mother Smt. Sharda Devi (the deceased) aged 40 years were going by Motor Cycle to see their agricultural field situated in village Umeria.", "They reached on the Southern side of the village near Paleshar owned by Iksar.", "Parvez, son of appellant Tasauvar all of sudden came in front of Motor Cycle of the complainant.", "He tried his best to save him.", "He had dashed with the Motorcycle and fell down.", "He and his mother also fell down along with Motorcycle.", "He picked up his Motor Cycle and parked it.", "He was picking up/lifting up Parvez, in the mean while, the appellants Tasauvar, Mubarak, Rayees, Shah Alam and co-accused Jalali son of Rayees came brandishing their bankas.", "It is mentioned by the complainant in his written report that his mother asked him to run away from this place, he escaped by riding on his Motorcycle and returned back at his house.", "All the accused persons including appellants caught hold his mother and brought her towards their house.", "In the mean while, his mother somehow got freed from the clutches of the appellants.", "She entered in the room, which was situated behind shop of Hamid and raised alarm.", "He bolted door of the room from inside.", "The appellants and co-accused Jalali tried to break open door of the room.", "Hamid raised objection and asked them not to break his door.", "The appellants and co-accused Jalali threatened him by stating that if he will intervene, they will eliminate him.", "All the accused persons broke open door of the room and dragged his mother and took in front of house of appellant Shah Alam.", "The complainant and other villagers on hearing screamers of his mother, reached at the place of occurrence.", "It is also mentioned in his report that the appellants and co-accused were assaulting his mother with their bankas.", "His mother after some time could not speak.", "The appellants fled away brandishing their blood stained bankas and threatened the people gathered at the place of occurrence that if anybody will give evidence, they will eliminate them by cutting them just like the deceased.", "The appellants fled away from the place of occurrence brandishing their banaks towards Southern side of the village.", "The appellants committed this incident at 4.30 p.m. The complainant has contended in his written report that due to fear and ambush of the appellants and co-accused, he could not muster courage to lodge F.I.R. immediately.", "He along with Naresh Chandra reached at the police Station and submitted this written report at 19.00 hours.", "It is mentioned in the F.I.R. that dead body of the victim was lying on the place of occurrence.", "On the basis of written report (Ext Ka-1) submitted by complainant, Check F.I.R. (Ext Ka-3), G.D. of registration of this crime (Ext Ka-4) were prepared at the police station.", "The Investigating Officer recorded statements of witnesses, prepared site plan (Ext Ka-13) of the place of occurrence.", "He prepared Inquest Report (Ext Ka-5) of the dead body of the deceased-Smt.", "Sharda Devi and prepared documents sample of seal (Ext Ka-6), Police Form-13 (Ext Ka-7), Report sent to Civil Surgeon (Ext Ka-8), Photo Nash (Ext Ka-8), Report sent to R.I. (Ext Ka-10), Report sent to C.M.O. (Ext Ka-11) for conducting autopsy of dead body of the deceased.", "The Post-mortem report (Ext Ka-2) was prepared by the concerned doctor.", "The Investigating Officer collected blood stained and plain soil from the place of occurrence and prepared Recovery Memo (Ext Ka-12) during course of investigation.", "The Station House Officer Jawahar Lal Yadav on 21.2.2003 and his police party acted upon the tipoff given by the informer that the appellants were waiting for Tempo at Culvert situated infront of Saraswati Vidya Mandir Canhaira School, Lakhimpur Kheri, for going to Lakhimpur Kheri.", "The police party and informer reached at this place at 4.40 p.m. The appellants Tasauvar, Mubarak, Rayees and Shah Alam were arrested.", "They apprised the police party that they committed murder of Smt. Sharda Devi on 17.12.2003 at 4.30 p.m. They due to fear of arrest were absconding.", "They were intending to surrender before the concerned Court on Monday, therefore, on Sunday they were waiting for Tempo.", "The appellants also apprised the police party regarding facts and circumstances, in which, the appellants participated in the crime and the appellant Tasauvar told the police party that he had hidden banka used by him in the crime in water of pond.", "Tasauvar entered in the water of pond and searched banka, which was engulfed by sand and mud of pond.", "On item 01, 08 and 10, blood stained soil, pair of \"bichchiya\" and banka blood was found disintegrated.", "Therefore, origin of blood could not be verified.", "On item 7 and 9, pair of ear ring/tops and nose ring (nuth) sufficient blood was not found for chemical examination.", "This chemical analysis report was not challenged by the appellants during course of trial.", "Therefore, it is admissible in accordance of provisions of Section 293 Cr.P.C. The Forensic Science Laboratory, Mahanager Lucknow is Laboratory of the U.P. State, hence the chemical analysis report submitted by Joint Director is admissible in evidence.", "The appellants Rayees, Mubarak and Shah Alam have specifically stated that incident of this case was not occurred in their presence.", "The appellant Tasauvar has stated that the deceased Smt. Sharda Devi caught hold him and instructed her son to fled away after accident of Parvez.", "She also abused him.", "He has further stated that he caught hold the deceased Smt. Sharda Devi, because after accident she instructed her son to fled away.", "Parvez sustained injury in the accident and became unconscious.", "Co-accused Jalali son of Rayees tried to get release him from clutches of the deceased and he (Jalali) also assaulted the deceased.", "The facts that deceased closed room of Hamid from inside and the appellants broke open door of this room are false and fabricated.", "The appellant Tasauvar has further stated that he along with his son went to lodge report of the accident, but his report was not lodged.", "He was detained at the police station and false and fabricated discovery was made and he was challaned.", "Learned counsel for the appellants has argued that police party of Station House Officer Jawahar Lal Yadav has discovered only one banka on pointing out of appellant Tasauvar only and it is mentioned in this recovery memo (Ext Ka-14) that appellant Tasauvar apprised the police party that only Tasauvar and co-accused Jalali assaulted Smt. Sharda Devi with banka.", "The facts that Mubarak, Rayees and Shah Alam caught hold hand, leg and shoulders of the deceased are false and fabricated.", "He has stated that Check F.I.R. (Ext Ka-3) and G.D. (Ext Ka-4) were prepared by Shiv Bahadur Singh-Constable Moharrir in his hand writing.", "He took up investigation of this case and recorded statement of PW-1 Umesh Kumar Tiwari.", "29. PW-4 in his cross-examination has clarified this act the that complainant had written in his report that Parvez son of Tasauvar all of sudden appeared in front of his motorcycle and he tried his best to save him, even then he dashed with motorcycle, and he fell down.", "The complainant-PW-1 and his mother also fell down.", "He has specifically stated that nobody came at the police station along with Parvez.", "He has further stated that he tried to trace Parvez, but he could not contact him.", "It may be fault of PW-4 that he did not examine body of the Parvez, nor mentioned in case diary about the fact of incident, which was accepted by the complainant and written in the written report (Ext Ka-1).", "He has himself stated that he went at the house of the accused persons, but they were not present in their house.", "He thought it proper to meet Parvez, therefore, he visited house of the accused persons.", "DW-1 Munir Ahmad is not capable to prove presence of appellants Rayees, Mubarak and Shah Alam elsewhere instead of place of occurrence, because he has accepted that he did not visit the place of occurrence, where Smt. Sharda Devi was murdered.", "He has concealed the real facts of the incident in his statement.", "They reached at Palesher of Iksar.", "The son of Tasauvar all of sudden came in front of his motorcycle and dashed with his motorcycle.", "He and his mother fell down on this place from the motorcycle.", "He picked up his motorcycle and tried to lift Parvez also.", "In the meanwhile, all the appellant including co-accused came on this place brandishing their bankas.", "His mother asked him to fled away.", "Therefore, he ran away on his motorcycle.", "He came back at his house and parked his motorcycle and then he reached in front of house of Sher Khan, where Ram Kishan, Nag Dutt and Raghunandan Prasad and so many villagers were present.", "47. PW-1 has further stated that he saw Tasauvar and co-accused Jalali who had caught hold his mother and other co-accused also were dragging his mother towards their house.", "In the meanwhile, Smt Sharda Devi managed to get free from clutches of the appellants and entered in room of Hamid, which was situated behind his shop and bolted doors from inside.", "PW-1 has also stated that all the accused persons tried to break open doors of this room.", "Hamid raised objections not to break doors of the room, where his mother hidden her.", "He also reached at Kharanja near house of Hamid.", "His mother raised alarm, but due to fear, they could not go ahead and stand by there as on-lookers.", "48. PW-1 has stated that the appellants and co-accused broke open doors of room and dragged his mother in front of house of Shah Alam.", "The appellants Shah Alam, Rayees and Mubarak assaulted his mother with their banka.", "When she was lying on ground, then Mubarak caught hold legs of his mother, Rayees caught hold her hands and Shah Alam pressed her shoulders from behind, then Tasauvar and co-accused Jalali assaulted his mother with their banka.", "His mother died on the spot and her screams stopped.", "He has further stated that after committing incident the appellants fled away towards Southern side by threatening that if anybody will go ahead, then he will be eliminated.", "PW-1 has stated that he found his mother dead at 4.30 p.m.", "He is voter of village Rausa and Gola.", "He has also disclosed this fact that the land was purchased by Fakira and Mubarak from his grandfather Sattadeen, of which, each of them is owner of half share.", "55. PW-1 in his cross-examination has stated that all the accused persons including appellants ran towards place of accident threatening to eliminate them.", "The appellants were annoyed, therefore, his mother asked him to ran away, otherwise he might have been eliminated.", "He has refuted this suggestion that Parvez became unconscious after meting with accident from his Motorcycle.", "On the other hand, PW-2 has established his presence in village Rausa at the place of occurrence, on the date and time of incident of this crime.", "66. PW-2 has stated in his examination-in-chief that the appellants broke open doors of room, in which, the deceased Smt. Sharda Devi had hidden her and they brought her in front of house of Shah Alam.", "She was lying on Kharanja.", "Mubarak had caught hold both legs of Smt. Sharda, Rayees had caught hold her both hands and Shah Alam pressed her shoulders.", "The appellant Tasauvar and co-accused Jalali had also assaulted Smt. Sharda Devi by their banka.", "67. PW-2 has also stated that they tried to save life of Smt. Sharda Devi, then appellants threatened PW-2 and other people, who gathered at the place of occurrence that if anybody would come ahead he shall be eliminated just like the deceased.", "The appellants fled away towards Southern side.", "The screams of Smt. Sharda Devi stopped.", "He has stated that the Sub-Inspector came after incident at place of occurrence.", "In Rompicheria village, there were factions belonging to three major communities viz. Reddys, Kammas and Bhatrajus.", "Rayarapu (Respondent 1 herein) was the leader of Kamma faction, while Chopparapu Subbareddi was the leader of the Reddys.", "In politics, the Reddys were supporting the Congress party, while Kammas were supporters of the Swatantra party.", "There was bad blood between the two factions which were proceeded against under Section 107 CrPC.", "In the panchayat elections of 1954, a clash took place between the two parties.", "A member of the Kamma faction was murdered.", "PW 1, a member of Bhatrajus faction has a cattle shed.", "The passage to this cattle shed was blocked by the other party.", "The deceased took PW 1 to Police Station Nekarikal and got a report lodged there.", "On July 22, 1968, the Sub-Inspector of Police came to the village and inspected the disputed wall in the presence of the parties.", "The Sub-Inspector went away directing both the parties to come to the police station on the following morning so that a compromise might be effected.", "On the morning of July 23, 1968, at about 6.30 a.m., PWs 1 and 2 and the deceased boarded bus No. APZ 2607 at Rompicheria for going to Nekarikal.", "Some minutes later, Accused 1 to 5 (hereinafter referred to as A1, A2, A3, A4 and A5) also got into the same bus.", "The accused had obtained tickets for proceeding to Narasaraopet.", "When the bus stopped at Nekarikal crossroads, at about 7.30 a.m., the deceased and his companions alighted for going to the police station.", "The five accused also got down.", "The deceased and PW 1 went towards a choultry run by PW 4, while PW 2 went to the roadside to ease himself.", "Al and A2 went towards the Coffee Hotel, situate near the choultry.", "From there, they picked up heavy sticks and went after the deceased into the choultry.", "On seeing the accused, PW 1 ran away towards a hut nearby.", "The deceased stood up.", "He was an old man of 55 years.", "He was not allowed to run.", "The cause of death, according to the doctor, was shock and haemorrhage resulting from multiple injuries.", "From Mark \"E\" he has shown the room, which is situated behind shop of Hamid.", "Witnesses PW-1 and PW-2 firstly saw the appellants from place Mark \"A\", when they were dragging Smt. Sharda Devi.", "He has shown the place mark \"B\" from where Smt. Sharda Devi managed to escape from the clutches of the appellants and hidden in room Mark \"E\".", "Hamid was present at place Mark \"D\" in front of his shop.", "PW-4 has mentioned in Site Plan that the appellants broke open the door of room \"E\" and dragged her at place of occurrence mark \"X\", where they assaulted the deceased with their bankas.", "He was member of police party of Sri Jawahar Lal Yadav, the then Station House Officer and the police party acted upon information given by the informer.", "He has stated that on 21.12.2003 at 4.40 p.m. they arrested Tasauvar, Mubarak, Rayees and Shah Alam.", "The appellant Tasauvar apprised the police party that he threw and had hidden banka in water of pond, which was used by him in the murder of Smt Sharda Devi.", "PW-4 has proved this fact that his police party discovered banka on pointing out of Tasauvar from water of pond.", "The appellant Tasauvar searched, fetched/picked up this banka, which was sealed at the place of discovery.", "The Recovery Memo (Ext ka-14) was prepared and Site Plan of this place (Ext Ka-15) was also prepared by the police party.", "The prosecution witnesses have stated that the accused had encroached upon a piece of land which was in the possession of the complainant.", "The appellant had dug a foundation and were, on the date of the incident, putting layers of bricks therein.", "It is further stated by the prosecution witnesses that, on being asked to desist from such encroachment, the appellant fired at Pati Ram and his nephew Maharaj Singh.", "The investigating Officer, who visited the site, found that foundation had been dug at the place.", "Tasauvar and others arising out of Crime No. 497 of 2003 under Section 147, 148, 302 and 506 I.P.C., Police Station Fardahan, District Lakhimpur Kheri.", "Learned trial Court has convicted all the appellants for offence punishable under Section 148 I.P.C. and sentenced to undergo imprisonment for period of three years and for offence punishable under Section 302 I.P.C. to undergo imprisonment for life and fine of amount of Rs.10,000/- has been imposed with default stipulation to serve out additional imprisonment for two years.", "All the appellants have been convicted for offence punishable under Section 506 I.P.C. and sentenced to undergo imprisonment for one year.", "It is also directed that all the sentences, except the sentence awarded in default of payment of fine, shall run concurrently.", "Since all the appeals are preferred challenging common judgment and order dated 15.05.2006, therefore, these appeals are taken up, heard and are being decided together.", "As per prosecution version, the complainant Umesh Kumar Tiwari submitted written report at Police Station Fardahan of District Lakhimpur Kheri.", "This discovered banka was sealed by the police party on the spot.", "Copy of this recovery memo (Ext Ka-14) was prepared by the police party through Sub Inspector Rakesh Kumar.", "The clothes of the deceased, jewelry and black thread along with banka and blood stained and plain soil collected by the Investigating Officer were sent for chemical examination at the Forensic Science Laboratory, Mahanagar, Lucknow.", "The Joint Director of Forensic Science Laboratory sent report dated 10.06.2004 (Ext Ka-17).", "On item \"dhoti\", petticoat, blouse and black thread, human blood was found.", "The blood was disintegrated on banka.", "The Investigating Officer after conclusion of investigation submitted charge-sheet (Ext Ka-16) against all the accused persons including appellants.", "The concerned Court took cognizance on this charge-sheet.", "The Presiding Officer of the Court of Additional Sessions Judge, Court No.2, Lakhimpur Kheri framed charges on 20.12.2004 against the appellants for offence punishable under Sections 147, 148, 302 and 506 I.P.C. The appellants pleaded not guilty and claimed to be tried.", "The co-accused Jalali claimed that he was juvenile on the date of occurrence, but the Court of Sessions rejected his application.", "The co-accused Jalali preferred Criminal Revision No. 342 of 2004 before this Court and proceedings of the case against co-accused Jalali was stayed vide order dated 02.08.2004 passed by this Court.", "The learned trial Court has mentioned in impugned judgment and order dated 15.05.2006 that stay order passed by this Court was still in operation.", "The trial Court recorded statement of PW-1 Umesh Kumar Tiwari, the complainant, PW-2 witness Ram Kishan, PW-3 Dr. P.K. Gangwar and PW-4 Sub Inspector Rakesh Kumar Pandey.", "Learned trial Court has recorded statements of appellants under Section 313 Cr.P.C. All the appellants have stated that they have falsely been implicated in this crime.", "The discovery of banka is false and fabricated, which was planted on the appellant Tasauvar.", "The appellant Mubarak, Shah Alam and Rayees have stated that they are brothers of appellant Tasauvar.", "The witnesses have adduced false evidence against them.", "They have falsely been implicated in this crime, being brothers of co-accused Tasauvar.", "Learned A.G.A. has argued that the appellants Rayees, Mubarak and Shah Alam are named in the F.I.R. by the complainant PW-1 and they being member of unlawful assembly have actively participated in this crime along with appellant Tasauvar and co-accused Jalali.", "These appellants Mubarak, Shah Alam and Rayees were present on the place of occurrence, as per evidence given by PW-1 Umesh Kumar Tiwari and PW-2 witness Ram Kishan.", "These both witnesses have disclosed their individual acts also.", "Moreover, these appellants have not adduced any defence evidence in nature of 'plea of alibi' that they were not present on the place of occurrence.", "All the appellants were bringing her towards their house.", "In the mean while, Smt. Sharda Devi managed and got freed her from the clutches of the appellants and she hidden herself in room owned by Hamid and bolted this room from inside.", "All the appellants broke open doors and assaulted her by their bankas.", "It is also mentioned in report that the complainant and other villager gathered at the place of occurrence and saw the incident.", "The appellants threatened all people, including the complainant, by brandishing their blood stained bankas to eliminate them by cutting just like the deceased.", "Therefore, active participation of all appellants was disclosed in the written report (Ext Ka-1) by the complainant PW-1 immediately after the incident.", "This written report (Ext Ka-1) was submitted by PW-1 on the date of incident 17.12.2003 at 19.00 hours i.e. after one and half hour of the incident.", "The Check F.I.R. (Ext Ka-3) and G.D. of registration of crime has been proved by PW-4 Sri Rakesh Kumar Pandey-Sub Inspector.", "He identified signatures and hand writing of Constable Shiv Bahadur Singh.", "He has stated that the complainant Umesh Kumar Tiwari submitted his written report on 17.12.2003 at 19.00 hours at the police station during his duty hours.", "Learned defence counsel has cross-examined PW-4 on the basis of case diary prepared by the Station House Officer Jawahar Lal Yadav and stated that it is not mentioned in this case diary that Sri Jawahar Lal Yadav, the then Station House tried to trace Parvez or not.", "PW-4 has refuted this suggestion that in the course of incident the appellant Tasauvar and co-accused Jalali only assaulted the deceased and remaining appellants have falsely been implicated in this crime.", "He has also refuted this suggestion that purposely Parvez was not examined and report of accident was not lodged by the police personnel.", "He has further refuted this suggestion that discovery of banka was false and fabricated and false charge-sheet was submitted by the Station House Officer Jawahar Lal Yadav.", "Therefore, no material contradiction was elicited regarding facts and circumstances of lodging of written report by PW-1 at police station.", "The appellants have not got Parvez medically examined.", "No injury report of Parvez has been filed as defence evidence by the appellants.", "If statement of DW-1 Munir Ahmad be accepted that Parvez, aged 5-6 years, met with accident made by motorcycle of the complainant Umesh Kumar Tiwari and he became unconscious, then Parvez might have been medically examined and injuries sustained by him might have been noted by the concerned doctor.", "DW-1 Munir Ahmad has stated in his examination-in-chief that Parvez met with accident made by motorcycle and became unconscious.", "The ladies of appellants brought Parvez at their house and some people, who gathered at the place of occurrence, assaulted the deceased Smt. Sharda Devi.", "The deceased hidden in room of their house and door of this room was not broke open by the appellants.", "He has specifically stated that the appellants reside in separate houses on the Eastern side of way, whereas his house is situated on the Western side of the way situated in village.", "34. DW-1 has further stated in his cross-examination conducted by prosecuting officer that he did not visit place of occurrence during course of incident and he does not know the people, who gathered at the place of occurrence.", "Therefore, he could not state who were the accused persons.", "DW-1 in his examination-in-chief has stated that he did not see the appellants at the place of occurrence.", "He could not state specifically about the appellants as such.", "35. DW-1 in his cross-examination has accepted that he never moved any complaint/application to any higher authority, when he came to know that police personnel made the appellants as accused of this crime.", "Therefore, for the first time DW-1 gave his evidence during the course of trial and never apprised the Investigating Officer regarding the fact that Smt. Sharda Devi, the deceased was assaulted by gathering of some people.", "If gathering of people/villagers assaulted Smt. Sharda Devi, then it is not clear, why DW-1 did not apprise the Investigating Officer Jawahar Lal Yadav, Station House Officer or PW-4 Rakesh Kumar Pandey.", "Learned trial Court has appreciated and analyzed evidence of DW-1 Munir Ahmad, defence witness and has recorded finding that DW-1 is resident of village Rausa, therefore, he might have known villagers, who gathered at the place of occurrence.", "Therefore, it cannot be believed that he could not identify the persons, who have committed the murder of Smt. Sharda Devi.", "Therefore, evidence of DW-1 Munir Ahmad was discarded by the learned trial Court on the ground that he did not disclose name of assailants specifically.", "Learned trial Court has recorded specific finding that on the basis of evidence of DW-1 Munir Ahmad it cannot be believed that unknown person have committed murder of Smt. Sharda Devi.", "Learned trial Court has also recorded finding that accused Tasauvar and DW-1 Munir Ahmad have admitted the presence of Umesh Kumar Tiwari at the place of occurrence.", "Therefore, evidence of PW-1 Umesh Kumar Tiwari cannot be disbelieved and from the evidence adduced by the prosecution it is proved beyond all reasonable doubt that Rayees, Shah Alam, Tasauvar, Mubarak and co-accused Jalali committed murder of Smt Sharda Devi on 17.12.20013 at 4.30 p.m. in village Rausa.", "As far as, learned counsel for the appellants have relied upon the fact that the accused Rayees, Mubarak and Shah Alam have stated in their statement recorded under Section 313 Cr.P.C. that incident did not occur in their presence, this fact could not be proved by these appellants by adducing cogent defence evidence about their presence elsewhere at the date and time of the occurrence.", "Illustration (a) The question is, whether A committed a crime at Calcutta on a certain day.", "The fact that, on that day, A was at Lahore is relevant.", "The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.", "His statement reveal that he has supported prosecution version to some extent that \"Parvez son of Tasauvar had dashed with motorcycle of the complainant Umesh Kumar Tiwari, on which, his mother Smt. Sharda Devi (the deceased), pillion rider.", "Parvez, Smt. Sharda Devi and the complainant fell down on the place of occurrence.", "This was the motive/reason for the appellants to commit murder of Smt. Sharda Devi.\"", "The learned trial Court has discarded argument of learned defence counsel that appellant Rayees, Mubarak and Shah Alam were not present at the place of occurrence on the date and time of the incident of this crime.", "On the other hand, it has recorded specific finding that all the appellants along with co-accused Jalali committed murder of Smt. Sharda Devi by actively participating in the crime.", "Learned trial Court has appreciated and analyzed evidence of PW-1 Sri Umesh Kumar Tiwari, the complainant and eye-witness Sri Ram Kishan, who are native/resident of Village Rausa itself.", "We have also perused statement of PW-1 and PW-2, who are the witnesses of facts and circumstances of this incident.", "46. PW-1 Umesh Kumar Tiwari has corroborated facts narrated by him in his written report (Ext Ka-1) and stated that he and his mother Smt. Sharda Devi/the deceased were going on the date of incident at about 4.00 p.m. to see their agricultural field, which was situated in village Umeria.", "Other witnesses were also present with him.", "49. PW-1 has contended that he dictated the facts of the incident to Scribe Sunil Tiwari who wrote his written report and after listening it he signed it.", "PW-1 has proved written report (Ext Ka-1) submitted by him at the police station.", "PW-1 has further stated that due to fear and ambush of the accused persons he could not go at the police station immediately after the incident.", "50. PW-1 has also stated that he instituted a Suit against the accused Mubarak and Fakira prior to the incident regarding disputed land 07-08 months ago, which was pending in the concerned court.", "The appellants were having animosity with his family due to this reason, the appellants threatened him to leave the agricultural land and for his life.", "The appellants and co-accused Jalali are related to each other.", "Accused Tasauvar, Rayees, Shah Alam and Mubarak are real brothers and co-accused Jalali is son of Rayees.", "They have committed murder of his mother, due to the above mentioned Suit.", "51. PW-1 in his cross-examination has clarified this fact that Palisher of Iksar is situated on Western side i.e. the road side of Kharanja.", "The House of Hamid is situated at 10 paces from house of Sadullah and house of Zan Mohd. is situated at 15-20 paces from house of Sadullah.", "Their houses are situated on road side of Kharnja and Palisher of Israr is situated at 15 paces from the house of Zan Mohd. Parvez dashed with his motorcycle, which was (motorcycle) owned by his uncle Ram Kishore.", "He was using this motorcycle from 2-4 months ago.", "He has specifically stated that family members of Parvez did not go to lodge F.I.R. of this accident at police station.", "52. PW-1 has further stated that Jalali and Aneesh are sons of Rayees.", "The son of Shah Alam is not residing in the village.", "His uncle Ram Kishore was residing with him.", "He has stated in his cross-examination also that the appellants wanted to take possession of the disputed land ad-measuring one and half acre.", "Therefore, he instituted Suit against the accused/appellant Mubarak and Fakira.", "His grandfather Sattideen was owner of this land.", "He has accepted this fact that Fakira was murdered and case of this incident is pending against Ram Kishan, Rajesh and Mukesh.", "Rajesh and Mukesh are his real brothers.", "53. PW-1 has specifically stated that there is way on Western side of the village, by which he reached at his house within five minutes from Palisher of Iksar.", "The appellants were not having any enmity with his mother.", "They were having animosity with him on the basis of the above mentioned agricultural land.", "He has stated that witness Ram Kishan resides in Bal Gola.", "Ram Kishan disposed of his agricultural land and his house two to four month ago.", "His family members resides at Gola and his children are getting education in Class II and III from Aadarsh Shishu Janta Vidyalaya.", "He has refuted this suggestion that Ram Kishan was not residing in village Rausa from 15 -20 year ago.", "He has further stated that Parvez was aged 5-6 years on the date of occurrence.", "54. PW-1 has disclosed this fact in his cross-examination that he is educated up to Class VIII and he was aged about 17-18 years on the date of occurrence.", "Sunil (scribe of report) is educated up to High School, who wrote his written report at his house.", "He has clarified this fact that Ramesh Tiwari, Parmeshwar and Ved Prakash are firearm license holder, but they reached at the place of occurrence when the appellants fled away towards Southern side of the village brandishing their bankas.", "He has stated that they tried to caught hold appellants, but the appellants threatened them to eliminate him and villagers by cutting them with banka just like the deceased.", "He has specifically stated that none of the accused persons had wielded Axe and their banka were not left at the place of occurrence.", "All the five accused persons including Tasauvar and Jalali came together.", "He and his mother also fell down on the place of alleged accident of Parvez.", "When his mother asked him to run away, he reached at his house riding on Motorcycle, then again he went at the place of occurrence, while all the appellants including co-accused Jalali were dragging his mother towards their house.", "56. PW-1 has also refuted this suggestion that Jalali and Tasauvar only attacked them after seeing that Parvez became unconscious and other accused persons were named by them after due deliberations and consultations.", "He has also refuted this suggestion that his mother had wielded banka, which was snatched from her and she was by the appellant Tasauvar and co-accused Jalali only.", "The Specific question was put forth during course of examination of PW-1 that only Tasauvar and co-accused Jalali assaulted his mother, but he has refuted it and replied that Shah Alam, Mubarak, Rayees and Tasauvar-appellants and co-accused Jalali together committed murder of his mother.", "He has also refuted this suggestion that his mother did not hide herself in room of Hamid and appellants did not break open doors of this room and dragged his mother.", "Therefore, PW-1 during his cross-examination has disclosed also facts and circumstances, in which, appellants including co-accused Jalali committed murder of his mother on the basis of enmity of agricultural land.", "The witness PW-1 instituted Suit against accused Mubarak and Fakira (since dead), because appellants were trying to take possession of this land.", "He has specifically denied this fact that Parvez son of Tasauvar become unconscious after dashing with his Motorcycle.", "On the basis of statement of PW-1 his presence is established at the point of time, when his mother hidden her in room of house of Hamid and when the appellants broke open doors of this room and dragged his mother at place of occurrence, which was situated in front of house of Shah Alam.", "He has disclosed and proved all the facts and circumstances narrated by him in his written report (Ext Ka-1).", "There is no substance in the arguments of learned counsel for the appellants that PW-1-complainant fled away after committing accident with Parvez and the fact of his presence at the place of occurrence again on his return from his house has been developed after due consultation and deliberation.", "59. PW-1-complainant is eye-witness of the facts and circumstances, in which, his mother Smt. Sharda Devi was murdered by the appellants along with co-accused Jalali.", "His presence cannot be doubted as pointed out by learned counsel for the appellants.", "He has submitted (Ext Ka-1) written report at the police station Fardahan promptly after incident within one and half hour.", "Therefore, there is least chances of deliberations and consultations.", "His age was 17-18 years on the date of occurrence and he got prepared written report (Ext Ka-1) by scriber Sunil Tiwari son of Raj Kumar Tiwari.", "PW-1 in his cross-examination has stated that He, Naresh and Ram Kishore reached at 6.00 to 6.30 p.m. on foot at police station and stayed there up to 7.00 p.m.", "We have also perused statement of PW-2 Ram Kishan.", "He has stated that 14-15 month ago (prior to the date of his statement) i.e. on the date of incident at about 4.00 p.m., he along with Joginder was going at Paleshar.", "They reached near house of Mohd. Sher and saw that Mubarak, Shah Alam, Rayees, Tasauvar and co-accused (Jalali) were dragging Smt. Sharda Devi.", "They had wielded bankas.", "When the appellants reached near shop of Hamid, Smt. Sharda Devi some how managed to escape and entered in room of Hamid, which was situated behind his shop and she bolted doors from inside.", "The appellants tried to broke open doors of room.", "Hamid raised objection, then they threatened Hamid to eliminate him.", "The witnesses including PW-2 reached near shop of Hamid.", "61. PW-2 in his cross-examination has clarified this fact that his house is situated near Khurar Chungi at Gola.", "He owned house and agricultural land in village Rausa.", "He has not disposed of his house situated in village Rausa.", "He has only disposed of agricultural land prior to the incident i.e.four months ago.", "He has also stated that Ram Vilash Chaurasia of his village was murdered.", "He, Ram Kishore brother-in-law of the deceased, Smt. Sharda Devi, Madhav Lal and Sirdar were accused of this case.", "He and Madhav have been convicted in this case.", "He started living at Gola after murder of Ram Vilash due to fear.", "Therefore, there is no substance in the argument of learned counsel for the appellants that there is no occasion for PW-2 to come in village Rausa on the date and time of incident.", "PW-2 has established his presence in village Rausa on date of incident 17.12.2003 at 4.00 p.m., while he was going along with Joginder at Paleshar situated in village Rausa.", "No specific question was put up to PW-2 by learned defence counsel that for which specific purpose he came to village Rausa.", "It can not be accepted that he could not be present in village Rausa on the date and time of incident of this crime.", "As far as learned defence counsel has argued that PW-2 witness has been convicted for murder of Ram Vilash Chaurasia and he was having criminal antecedent, therefore, his evidence is not reliable and he is a chance witness.", "Likewise, he has also pointed out that PW-1 Umesh Kumar Tiwari has instituted Civil Suit against Mubarak-appellant and Fakira, in which, his real brothers Rajesh and Mukesh along with his uncle Ram Kishore are accused.", "They are not the witness of this case.", "On the other hand, Fakira was defendant of Suit instituted by PW-1 and he is not accused in case of murder of Fakira.", "The following exposition of law of Hon'ble Apex Court is relevant regarding criminal antecedent of PW-2 and alleged criminal antecedent of family of PW-1:-", "Even if the investigation was faulty, both the trial court and the High Court have acted only in the permissible way i.e. to weigh the evidence carefully and come to an independent conclusion.", "As rightly noted by the High Court, the investigation seems to be slipshod.", "The highly improbable stand that the complainant and his relatives killed the deceased who was their close relative can hardly be accepted even with a pinch of salt.", "All the appellants/accused persons assaulted Smt. Sharda Devi with their bankas in the course of incident.", "He pointed out him the place of occurrence and his statement was recorded by the Investigating Officer on the same day i.e. date of incident.", "68. PW-2 has stated in his cross-examination that Smt. Sharda Devi was dragged during period of one and half hour and she was assaulted for 15-20 minutes.", "Israr and Munir son of Hamid were also present at the place of occurrence.", "PW-1 Umesh was also present.", "He has specifically stated that Parvez did not met with accident, but due to fear he fell down on the ground.", "He has further stated that the incident occurred at about 4.00 p.m. The Investigating Officer saw the broken parts of door.", "He was present at this point of time along with the Investigating Officer.", "69. PW-2 has mentioned in his cross-examination that Smt Sharda Devi was assaulted in standing position also.", "He apprised the Investigating Officer that Mubarak, Rayees and Shah Alam had caught hold Smt. Sharda Devi and appellant Tasauvar and co-accused Jalali assaulted her with their banka.", "He has further stated that all the five accused persons assaulted Smt. Sharda Devi for the first time, then three accused persons caught hold her and two accused again assaulted her.", "He apprised the Investigating Officer that all the five accused persons assaulted Smt. Sharda Devi.", "He has stated that if the Investigating Officer has not mentioned these facts in his statement recorded under Section 161 Cr.P.C., then he cannot disclose any reason in this regard.", "PW-2 has refuted this suggestion that he was developing this fact on legal advice of his private counsel Sri Suresh Kumar Singh, Advocate.", "He has specifically stated in his cross-examination that Aneesh son of Rayeesh was not present on the place of occurrence.", "PW-2 has also mentioned that Civil Suit of disputed land is pending between Ram Kishore and Mubarak.", "He has refuted this suggestion that the deceased had not hidden her in room of Hamid and he was adducing evidence being relative of the deceased.", "He has also refuted this suggestion that he has involved Rayeesh, Mubarak and Shah Alam also with due consultation and deliberations of his nephews Rajesh, Mukesh and brother Ramesh.", "He has further refuted this suggestion that on the date and time of occurrence he was not present on the place of occurrence and he was in Gola.", "Therefore, PW-2 was not specifically cross-examined on behalf of appellants regarding the fact that in which circumstances and for what purpose he came to village Rausa, in which his house is still situated.", "He is native of this village.", "No other material contradictions was elicited during cross-examination of PW-2 Ram Kishan, who is uncle of PW-1 and son of Late Sattideen.", "On the basis of evidence adduced by him, it is established that he is eye-witness of the incident and he was present on the place of occurrence.", "He has disclosed all the facts and circumstances, in which Smt. Sharda Devi hidden her in room of house of Hamid and she was dragged by the appellants after breaking open doors of this room and assaulted her with their bankas at place of occurrence, which was situated in front of house of appellant Shah Alam.", "Hon'ble the Apex Court in the following case laws has held regarding interested and independent witnesses as under:", "In the case of State of U.P. v. Sheo Sanehi, reported in (2004) 12 SCC 347 Hon'ble Apex Court in paragraph nos. 17, 18 and 21 regarding related witness has held as under:-", "PW 1 has supported the prosecution case in all material particulars which is consistent with his subsequent statement made before the police.", "The ground of attack to his evidence was that he was a resident of a village which is situated at a distance of 40 kilometres from the place of occurrence and he had no occasion to be present at the place of occurrence.", "He stated that his mother was adopted by one Smt Mahadei of Village Siromanpur where the occurrence had taken place, he was born in Village Siromanpur and was residing in the said village with his mother Smt Bishandei since his childhood inasmuch as he was looking after cultivation of her lands.", "The fact that his mother was adopted by Smt Mahadei would be apparent from the registered Will dated 11-8-1977 (Ext. Ka-52) executed by Smt Mahadei in favour of his mother showing that she was her adopted daughter and was residing with her.", "Ext. Ka-50 and Ext. Ka-51 are the extracts of khatauni and khasra in which name of Bishandei, mother of this witness, is recorded along with Smt Mahadei in relation to the agricultural lands.", "That apart, Exts. 13, 14 and 15 are transfer certificates, high school certificate and marksheet in relation to this witness which show that he had passed out from a school situated in Village Siromanpur.", "Apart from the aforesaid documents, invitation card Ext. 16 has been filed to show that the sacred thread ceremony of PW 1 as well as his younger brother Subhendu Kumar was held in the year 1975 in Village Siromanpur.", "Besides that, letters Exts.", "17 to 20 have been filed to show that he had received the same at his address in Village Siromanpur.", "Ext. Ka-47 is gun licence in the name of PW 1 in which he was shown to be a resident of Village Siromanpur.", "These facts clearly show that PW 1 was resident of Village Siromanpur, as such his presence at the place of occurrence and time of occurrence cannot be doubted.", "In the case on hand, we do not find any infirmity whatsoever in the evidence of PWs 1, 3 and 4, as such it is not possible to disbelieve them, especially in view of the fact that their evidence is supported by medical evidence as well as objective findings of the investigating officer, but the High Court has committed a serious error in discarding their testimonies on this score.", "Hon'ble Supreme Court in Nirmal Singh and another Vs.", "State of Bihar reported in (2005)9SCC725 has observed as under:-", ".....With these facts in the background, we have to consider whether the ocular testimony of Pws. 1, 3, 4, 5, 6, 8 & 11 should be discarded.", "It is no doubt true that the eye witnesses are related to each other but that is to be expected since the occurrence took place in the dalan of the house of the deceased.", "The fact that they were present at the scene of occurrence could not be disputed nor the same has been disputed by the accused.", "The version spoken to by PW. 4 in Court is substantially a reiteration of the version which he supplied to the police as early as 8.40 P.M. on the same night.", "That became the basis for the FIR.", "The Sessions Court refused to believe the testimony of those witnesses on the erroneous perception that they are \"interested witnesses\".", "The other two eye witnesses, PW 2 and PW 3 also knew the accused previously.", "The crucial factor is that the accused was related to the deceased as a son of his \"Sala\" and PW 1 was also related to the deceased.", "The accused had never denied the relationship.", "The non-examination of another person who was on the scene of occurrence does not make the evidence of PWs 1 to 3 unreliable.", "The magnitude of the present crime and nature of prosecution evidence has put us on guard to appreciate the evidence of these two eye witnesses with utmost care and caution.", "We have done this exercise and we are unable to be persuaded to discard the evidence of these two witnesses on the grounds urged before us.", "The evidence of both these witnesses in our considered view is absolutely straightforward, unblemished and without any infirmity.", "The first information report which was lodged within four hours, naming all the accused also lends asurance to our conviction that the evidence of these two witnesses is trustworthy and cannot be discarded.", "The contentions of the learned counsel for the accused, therefore, stand rejected.\"", "In the case of Yogesh Singh v. Mahabeer Singh : (2017) 11 SCC 195, Hon'ble Apex Court has observed as under:", "Testimony of interested/inimical witnesses", "24.On the issue of appreciation of evidence of interested witnesses,Dalip Singhv.", "State of Punjab[Dalip Singhv.", "State of Punjab, AIR 1953 SC 364 : 1954 SCR 145 : 1953 Cri LJ 1465] is one of the earliest cases on the point.", "A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely.", "Ordinarily, a close relative would be the last to screen the real culprit and falsely implicate an innocent person.", "It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism and the mere fact of relationship far from being a foundation is often a sure guarantee of truth.\"", "25.Similarly, inPiara Singhv.", "State of Punjab[Piara Singhv.", "State of Punjab, (1977) 4 SCC 452 : 1977 SCC (Cri) 614] , this Court held: (SCC p. 455, para 4) \"4. ... It is well settled that the evidence of interested or inimical witnesses is to be scrutinised with care but cannot be rejected merely on the ground of being a partisan evidence.", "If on a perusal of the evidence the Court is satisfied that the evidence is creditworthy there is no bar in the Court relying on the said evidence.\"", "26.InHari Obula Reddyv.", "State of A.P.[Hari Obula Reddyv.", "State of A.P., (1981) 3 SCC 675 : 1981 SCC (Cri) 795] , a three-Judge Bench of this Court observed: (SCC pp. 683-84, para 13) \"13. ... it is well settled that interested evidence is not necessarily unreliable evidence.", "Even partisanship by itself is not a valid ground for discrediting or rejecting sworn testimony.", "Nor can it be laid down as an invariable rule that interested evidence can never form the basis of conviction unless corroborated to a material extent in material particulars by independent evidence.", "All that is necessary is that the evidence of interested witnesses should be subjected to careful scrutiny and accepted with caution.", "If on such scrutiny, the interested testimony is found to be intrinsically reliable or inherently probable, it may, by itself, be sufficient, in the circumstances of the particular case, to base a conviction thereon.\"", "27.Again, inRamashish Raiv.", "Jagdish Singh[Ramashish Raiv.", "Jagdish Singh, (2005) 10 SCC 498 : 2005 SCC (Cri) 1611] , the following observations were made by this Court: (SCC p. 501, para 7) \"7. ... The requirement of law is that the testimony of inimical witnesses has to be considered with caution.", "If otherwise the witnesses are true and reliable their testimony cannot be thrown out on the threshold by branding them as inimical witnesses.", "By now, it is well-settled principle of law that enmity is a double-edged sword.", "It can be a ground for false implication.", "It also can be a ground for assault.", "Therefore, a duty is cast upon the court to examine the testimony of inimical witnesses with due caution and diligence.\"", "28.A survey of the judicial pronouncements of this Court on this point leads to the inescapable conclusion that the evidence of a closely related witness is required to be carefully scrutinised and appreciated before any conclusion is made to rest upon it, regarding the convict/accused in a given case.", "Thus, the evidence cannot be disbelieved merely on the ground that the witnesses are related to each other or to the deceased.", "In case the evidence has a ring of truth to it, is cogent, credible and trustworthy, it can, and certainly should, be relied upon.", "(SeeAnil Raiv.", "State of Bihar[Anil Raiv.", "State of Bihar, (2001) 7 SCC 318 : 2001 SCC (Cri) 1009] ,State of U.P.v.Jagdeo[State of U.P.v.Jagdeo, (2003) 1 SCC 456 : 2003 SCC (Cri) 351] ,Bhagaloo Lodhv.", "State of U.P.[Bhagaloo Lodhv.", "State of U.P., (2011) 13 SCC 206 : (2012) 1 SCC (Cri) 813] ,Dahariv.", "State of U.P.[Dahariv.", "State of U.P., (2012) 10 SCC 256 : (2013) 1 SCC (Cri) 22] ,Rajuv.", "State of T.N.[Rajuv.", "State of T.N., (2012) 12 SCC 701 : (2012) 4 SCC (Cri) 184] ,Gangabhavaniv.", "Rayapati Venkat Reddy[Gangabhavaniv.", "Rayapati Venkat Reddy, (2013) 15 SCC 298 : (2014) 6 SCC (Cri) 182] andJodhanv.", "State of M.P.[Jodhanv.", "State of M.P., (2015) 11 SCC 52 : (2015) 4 SCC (Cri) 275] INDEPENDENT WITNESS 50 - The learned counsel for the respondents has also sought to assail the prosecution version on the ground of lack of independent witnesses.", "We are not impressed by this submission in the light of the observations made by this Court inDarya Singhv.", "State of Punjab[Darya Singhv.", "State of Punjab, AIR 1965 SC 328 : (1964) 3 SCR 397 : (1965) 1 Cri LJ 350] , wherein it was observed: (AIR p. 333, para 12) \"12. ... It is well known that in villages where murders are committed as a result of factions existing in the village or in consequence of family feuds, independent villagers are generally reluctant to give evidence because they are afraid that giving evidence might invite the wrath of the assailants and might expose them to very serious risks.", "It is quite true that it is the duty of a citizen to assist the prosecution by giving evidence and helping the administration of criminal law to bring the offender to book, but it would be wholly unrealistic to suggest that if the prosecution is not able to bring independent witnesses to the Court because they are afraid to give evidence, that itself should be treated as an infirmity in the prosecution case so as to justify the defence contention that the evidence actually adduced should be disbelieved on that ground alone without examining its merits.\"", "51.Similarly, inRaghubir Singhv.", "State of U.P.[Raghubir Singhv.", "State of U.P., (1972) 3 SCC 79 : 1972 SCC (Cri) 399] , it was held that the prosecution is not bound to produce all the witnesses said to have seen the occurrence.", "Material witnesses considered necessary by the prosecution for unfolding the prosecution story alone need be produced without unnecessary and redundant multiplication of witnesses.", "In this connection, general reluctance of an average villager to appear as a witness and get himself involved in cases of rival village factions when tempers on both sides are running high, has to be borne in mind.", "The Hon'ble Supreme Court in the case of Vijendra Singh v. State of U.P., :(2017) 11 SCC 129 has observed as follows:", "30.It is next contended by Mr Giri, learned counsel for the appellants that all the eyewitnesses are related to the deceased Badan Pal and they being interested witnesses, their version requires scrutiny with care, caution and circumspection and when their evidence is scanned with the said parameters, it does not withstand the said test for which the case set forth by the prosecution gets corroded and the principle of beyond reasonable doubt gets shattered.", "The aforesaid submission, as we perceive, has no legs to stand upon, for PWs 1 to 3 have deposed in detail about the previous enmity between the parties, their presence at the spot, the weapons the accused persons carried, their proximity to the shed and establishment of the identity of all the four accused.", "They have also testified as regards the deceased lying in a pool of blood.", "There is no reason why they would implicate the appellants for the murder of their relation leaving behind the real culprit.", "That apart, nothing has been elicited in the cross-examination for which their testimony can be discredited.", "In the said case, a three-Judge Bench has ruled that: (SCC pp.", "683-84, para 13) \"[it cannot] be laid down as an invariable rule that interested evidence can never form the basis of conviction unless corroborated to a material extent in material particulars by independent evidence.", "All that is necessary is that the evidence of the interested witnesses should be subjected to careful scrutiny and accepted with caution.", "If on such scrutiny, the interested testimony is found to be intrinsically reliable or inherently probable, it may, by itself, be sufficient, in the circumstances of the particular case, to base a conviction thereon.\"", "It is worthy to note that there is a distinction between a witness who is related and an interested witness.", "State of Bihar, (1996) 1 SCC 614 : 1996 SCC (Cri) 188] has opined that a close relative who is a natural witness cannot be regarded as an interested witness, for the term \"interested\" postulates that the witness must have some interest in having the accused, somehow or the other, convicted for some animus or for some other reason.", "The evidence of related witnesses cannot be discarded only on the ground that he is relative of the deceased/victim.", "On analyzing and evaluating evidence of PW-1 and PW-2, it reveal that their presence at the place of occurrence on point of time of incident cannot be doubted and they had witnessed the incident committed by the appellants, in which, Smt. Sharda Devi was murdered.", "Their evidence is cogent, reliable and trustworthy.", "It cannot be discarded as suggested by learned counsel for the appellants.", "It is pertinent to mention here that it cannot be believed that PW-1 and PW-2 would have absolved real culprits and they have falsely implicated the appellants on the basis of enmity over the disputed land and pendency of civil suit.", "He found the following injuries on dead body of Smt. Sharda Devi:", "\"i) Multiple incised wound in area of 25 x 6 cms.", "on front and left side of neck, 6 cms below chin and 5 cms below left ear, each size 12 x 3 cms x vertebra deep to 3 x 1cm x skin underlying 3rd and 4th cervical vertebra spinal cord muscle and vessel cut.", "ii) Multiple incised wound 15 x 5 cms x bone deep on upper part back of chest left side each size 10 x 2 cms x vertebra deep to 2 x 1 cm x skin deep underlying 1st and 2nd vertebra cut.", "iii) Incised wound 3 x 1 cms x muscle deep on left shoulder.", "iv) Incised wound 15 cms x 4 cms x abdominal cavity deep on outer aspect of left about 30 cms.", "below axilla.", "v) Multiple incised wound in an area of 30 x 8 cms.", "over back of left thigh, left leg lacerated 6 x 1cm x muscle to 1 x 1 cm x skin deep.", "vi) Multiple incised wound in area 30 x 10 cms.", "over back of left thigh and left leg, largest 10 x 3 cms and smallest 2 x 2 cms x skin (margins are inverted and clean cut).", "PW-3 Doctor has found injury no.1 to 6 on various parts of dead body of the deceased and opined that death of the deceased was caused by shock and hemorrhage, due to ante-mortem injuries sustained by her.", "He has collected jewelry and clothes worn by the deceased, sealed them and handed over to the concerned Constable.", "He has also proved post-mortem report (Ext Ka-2) and opined that these injuries could be caused by sharp edged weapon/banka on 17.12.2003 at 4.30 p.m.", "Learned defence counsel has cross-examined PW-3 only on the fact that exact time of death may vary on either side for six hours.", "Dr. PW-3 has also opined that almost injuries were of same width.", "He was not able to disclose this fact that these injuries could be caused by two or more weapons.", "On perusal of nature of injuries sustained by the deceased it reveal that brutal murder of the deceased was committed by the appellants.", "Injury no. 1 was multiple incised wounds in area of 25 x 6 cms.", "on neck, big wound of size 12 x 3 cm bone deep and small was 3 x 1cm, 3rd and 4th cervical vertebra of spinal cord, muscle and vessels were cut.", "In injury no.2 multiple incised wound on chest.", "Big wound was of size 10 x 2 cms x vertebra 1st and 2nd vertebra of spinal cord deep were cut.", "Injury no.4 was incised wound of size 15 cms x 4 cms x abdominal cavity deep and other injuries nos. 5 and 6 were multiple incised wound in an area of 30 x 8 cms and 30 x 10 cms respectively on left thigh and leg.", "In the inquest report (Ext Ka-3) it is mentioned that dead body of Smt. Sharda Devi was lying in front of house of appellant Shah Alam.", "Six injuries incised wound were found on her left and right legs, neck, abdomen, on left side back and near left ear.", "Dr. PW.-3 has found the aforesaid injury no.1, 2, 5 and 6 multiple incised wound and injury no.3 and 4 incised wounds on various parts of her body including her neck.", "It is pertinent to mention here that Parvez son of Tasauvar is still alive and his injuries has not been proved by the appellants, which were allegedly sustained by him in alleged accident.", "The injuries sustained by the deceased Smt. Sharda Devi indicates that the appellants sought themselves provoked to cause these injuries on the body of the deceased intentionally, and in furtherance of common object.", "No defence evidence has been adduced on behalf of the appellants that the deceased herself caught hold appellant Tasauvar, abused him and she was wielding banka, which was snatched by appellant Tasauvar.", "The appellant Tasauvar could obtain permission from the trial Court under Section 315 Cr.P.C. or adduce any defence evidence in support of the suggestion given to witness PW-1 and PW-2 in this regard.", "Therefore, appellants were unable to prove this fact that the deceased Smt. Sharda Devi provoked the appellants by abusing them and tried to assault them (Tasauvar and co-accused Jalali) with banka wielded by her.", "(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them.", "Learned counsel for the appellants relied upon Swami Nath Rai Verus State of U.P.: Criminal Appeal No. 1661 of 1982 connected with Criminal Appeal No. 1663 of 1982:Sachindra Rai Vs.", "We have found, on appreciating and analyzing the evidence of PW-1 and PW-2, that the deceased never provoked to the appellants in category of grave and sudden provocation or conducted in the way suggested to the witnesses that she tried to assault appellant Tasauvar by her banka allegedly wielded by her and on spur of the moment, the appellants committed murder of Smt. Sharda Devi.", "It is a case of premeditated crime and all the appellants committed murder of Smt. Sharda Devi intentionally and in furtherance of common object being member of an unlawful assembly.", "They caught and hold her at the place where Parvez dashed with motorcycle of PW-1 and dragged her towards their house.", "In the meanwhile Smt Sharda Devi somehow escaped from the clutches of the appellant and hidden her in room of Hamid.", "Despite the entreaties made by the deceased with folded hands, Al and A2 indiscriminately pounded the legs and arms of the deceased.", "One of the bystanders, PW 6, asked the assailants as to why they were mercilessly beating a human being, as if he were a buffalo.", "The assailants angrily retorted that the witness was nobody to question them and continued the beating till the deceased became unconscious.", "The accused then threw their sticks at the spot, boarded another vehicle, and went away.", "The victim was removed by PW 8 to Narasaraopet Hospital in a tempo-car.", "There, at about 8.45 a.m., Doctor Konda Reddy examined him and found 19 injuries, out of which, no less than 9 were (internally) found to be grievous.", "They were:", "\"1.Dislocation of distal end of proximal phalan of left middle finger.", "2.Fracture of right radius in its middle.", "3.Dislocation of lower end of right ulna.", "4.Fracture of lower end of right femur.", "5.Fracture of medial malleolus of right tibia.", "6.Fracture of lower 1/3 of right fibula.", "7.Dislocation of lower end of left ulna.", "8.Fracture of upper end of left tibia.", "9.Fracture of right patella.\"", "Finding the condition of the injured serious, the doctor sent information to the Judicial Magistrate for getting his dying declaration recorded.", "On Dr K. Reddy's advice, the deceased was immediately removed to the Guntur Hospital where he was examined and given medical aid by Dr Sastri.", "His dying declaration, Ext. P-5, was also recorded there by a Magistrate (PW 10) at about 8.05 p.m. The deceased, however, succumbed to his injuries at about 4.40 a.m. on July 24, 1968, despite medical aid.", "The autopsy was conducted by Dr P.S. Sarojini (PW 12) in whose opinion, the injuries found on the deceased were cumulatively sufficient to cause death in the ordinary course of nature.", "We have perused the evidence in this behalf.", "We find that the prosecution case itself proceeds that the incident took place in the spur of moment.", "On 15-3-2008, when the deceased along with her mother went for labour work in agricultural field and she returned home around noon, she was preparing lunch in the kitchen when, as per the prosecution story, the appellant came to the house and questioned the deceased about delay in cooking lunch.", "On this, altercation took place between the appellant and his wife.", "(a) The circumstances in which the incident took place;", "(b) The nature of weapon used;", "(c) Whether the weapon was carried or was taken from the spot;", "Appellant Satnam Singh is directed to surrender to serve the remaining period of sentence, failing which, he shall be taken into custody.", "Hon'ble Supreme Court in the aforesaid decisions Lavghanbhai Devjibhai Vasava Vs, State of Gujarat (supra) found that incident of this case law took place in a spur of moment, therefore, conviction of the appellant was altered to Section 304 Part II of I.P.C. instead of Section 302 I.P.C. The appellant had already served 9 year and 3 months of imprisonment.", "Likewise, in the case of Gurwinder Singh alias Sonu and Others vs State of Punjab (supra), Hon'ble Supreme Court found that the incident had taken place near the tubewell where both the parties assembled to settle the land dispute, when there was exchange of words there was a scuffle between both the parties.", "In the same transaction where Harbhajan Singh was attacked the accused parties also sustained injuries.", "Faquirey(Criminal Appeal No. 1842 of 2012 decided on 11.02.2019) has held as under:", "The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo life imprisonment by the Trial Court.", "The High Court converted the conviction to an offence under Section 304 Part I, IPC and sentenced the Respondent to 10 years rigorous imprisonment.", "Aggrieved thereby, the State of Uttar Pradesh is in appeal before us.", "In the appeal filed by the Respondent, against the conviction and sentence, there was no contest on merits.", "The only submission made on behalf of the Respondent was that he could not have been convicted under Section 302 IPC.", "The High Court observed that the intervention of the deceased in the quarrel between the two factions led to the Respondent losing his self control.", "The Respondent was sentenced to suffer rigorous imprisonment for 10 years.", "The Respondent was enraged at the sight of the deceased in view of the doubt he had in his mind about the deceased having an evil eye on his wife.", "The learned Senior Counsel relied upon the First Proviso to Exception I of Section 300 IPC to submit that the accused is not entitled to claim that the crime was committed due to grave and sudden provocation.", "The Respondent is directed to surrender within a period of four weeks to serve the remaining sentence.", "PW-4 has also proved charge-sheet (Ext ka-16) prepared by the then Station House Officer/Investigating Officer Jawahar Lal Yadav.", "He has also proved blood stained banka and blood stained and plain soil collected from the place of occurrence as material Ext 14 and 12 respectively.", "92. PW-4 in his cross-examination has reiterated this fact that banka was discovered on pointing out of the appellant Tasauvar.", "The Station House Officer dictated recovery memo to him and he prepared it in his hand writing.", "The Station House Officer Jawahar Lal Yadav recorded statements of witnesses of this discovery.", "Banka was engulfed with mud, when it was picked/fetched up by appellant Tasauvar from water of pond.", "The appellant Tasauvar apprised the Station House Officer Jawahar Lal Yadav regarding facts and circumstances of murder of Smt. Sharda Devi and also apprised/gave information about the place for discovery of banka on his pointing out, where he hidden this banka in pond.", "Learned defence counsel has cross-examined PW-4 on the fact that PW-1 Umesh Kumar Tiwari did not apprise him that any Suit was instituted by him against Fakira and Mubarak-appellant.", "PW-4 stated in his cross-examination that parts of doors were not found on the floor of room of Hamid, but latches (sitkani) of door were broken and there were mark of Axe on these doors.", "He has stated this fact on the basis of his memory.", "He has refuted this suggestion that latches of doors were not broken, nor there were any mark of Axe on doors and he has stated these facts to strengthen prosecution version and to develop and improve seriousness of the incident.", "Learned defence counsel has also cross-examined PW-4 on the basis of statement of Ram Kishan recorded under Section 161 Cr.", "P.C..PW-4 has replied that witness Ram Kishan did not apprise him that all the five accused persons assaulted the deceased with their bankas, but he only stated that appellant Tasauvar and co-accused Jalali assaulted Smt. Sharda Devi and gave many blows during the incident.", "He has also apprised him that appellant Mubarak caught hold both legs, Rayees caught hold both hands and Shah Alam pressed her both shoulders.", "95. PW-1 and PW-2 Umesh Kumar Tiwari and Ram Kishan has proved this fact that for the first time Mubarak, Rayees and Shah Alam assaulted his mother with their bankas, then Mubarak caught hold her legs, Rayees caught hold her bands and Shah Alam pressed her shoulders, then appellant Tasauvar and co-accused Jalali assaulted the deceased with their bankas.", "PW-1 Umesh Kumar Tiwari has mentioned in his written report (Ext Ka-1) the same fact.", "This fact has been specifically mentioned that the deceased somehow escaped from clutches of the appellants and hidden her in room of Hamid and the appellants broke open doors of these room and dragged her at the place of occurrence.", "Therefore, it was the duty of PW-4 that these facts should have been clarified from the complainant PW-1 Umesh Kumar Tiwari and PW-2 Ram Kishan on the basis of facts mentioned by the complainant in his written report.", "It is not disputed that PW-1 himself instituted Suit against appellant Mubarak and Fakira, because they were trying to take possession of the disputed land, because this Suit was pending before the competent court at the point of time of this incident.", "Therefore, this fact could not be termed as \"improvement\" made by PW-1 Umesh Kumar Tiwari.", "PW-4 has not mentioned in Case Diary about the codition of the doors of room of Hamid, in which diseased hidden her and appellants broke open these doors.", "PW-2 saw the condition of these doors and stated as such in his statement before the court during the course of trial.", "Therefore, it was the duty of PW-4 to mention in Case Diary the condition of doors found by him as well as in Site Plan (Ext Ka-13) prepared by him.", "PW-2 has specifically stated that he was present on the place of occurrence when PW-4 inspected it.", "PW-4 has stated in his examination-in-chief that he prepared Site Plan (Ext Ka-13) on pointing out of witnesses.", "Therefore, cross-examination conducted by learned defence counsel on the basis of aforesaid facts mentioned in statements of PW-1 and PW-2 recorded under Section 161 Cr.P.C. does not extend any benefit to appellants and cannot be termed as \"improvement\" of the facts.", "PW-4 has accepted this fact that the complainant PW-1 has mentioned in his F.I.R. that Parvez son of Tasauvar all of sudden came in front of his Motorcycle and dashed with it.", "Parvez, complainant and his mother (the deceased) also fell down.", "Therefore, statement of PW-4 given in his cross-examination that this alleged accident of Parvez was the bone of contention of this crime, is not of much significance.", "The PW-1 and PW-2 have adduced credible, acceptable and reliable evidence during the course of trial, which cannot be discarded on the basis of minor contradictions appeared in their statements as pointed out by learned counsel for the appellants.", "Learned counsel for the appellants has also submitted that DW-1 Munir Ahmad is son of Hamid and he has stated that the Investigating Offier did not inspected his room neither the deceased Smt. Sharda Devi had hidden her in it, nor he found doors of this room broken.", "He has further submitted that on the other hand, the Investigating Officer did not seize alleged banka, which were used by appellant Rayees, Shah Alam and Mubarak.", "These appellants have falsely been implicated in this crime, being brothers of appellant Tasauvar.", "Therefore, they are entitled to be acquitted of the charges framed against them.", "As far as evidence of DW-1 Munir Ahamd, regarding laches of the Investigating Officer has been pointed out, this statement of DW-1 does not extend any benefit to appellants, because D.W.-4 the Investigating Officer has proved this fact that he prepared Site Plan (Ext ka-13), in which, he has mentioned that room of house of Hamid, in which, Smt. Sharda Devi had hidden her and from where, appellants dragged her after breaking open doors of this room and brought her at place of occurrence.", "It is fault of PW-4 that He has not mentioned in Case Diary and Site Plan that there were marks of Axe on the parts of the doors and latches (sitkani) of doors were broken.", "The learned trial Court after appreciation of evidence of DW-1 has discarded his evidence.", "It may be possible that he is adducing evidence under influence of appellants.", "Moreover, he did not visit the place of occurrence, while appellants were assaulting the deceased with their bankas.", "On the other hand, PW-1 and PW-2 witnesses have adduced their evidence that all the appellants including co-accused Jalali actively participated in this crime and they were wielding bankas and assaulted the deceased with their bankas and committed her murder.", "The details of incident has been specifically stated by these witnesses in their statements.", "After committing murder of Smt. Sharda Devi all the appellants threatened PW-1 and PW-2-witnesses and other villagers gathered at the place of occurrence brandishing blood stained bankas, that if any body would come ahead to save the deceased, then they will face dire consequences, just like the deceased.", "Therefore, under fear PW-1, PW-2 and other villagers did not muster courage to save the deceased during the course of incident.", "On the point of conduct and reaction of a witnesses PW-1 and PW-2 after seeing the incident of heinous crime, following exposition of law of Hon'ble Apex Court are relevant, which are as follows:-", "In the case of Yakub Ismailbhai Patel v. State of Gujarat, (2004) 12 SCC 229 Hon'ble the Apex Court in paragraph nos. 33, 34 and 36 has held as under:-", "He invited our attention to paras 20, 21 and 29 of the High Court's order and paras 50-53 of the trial court's order of PW 2 Akbar Khan @ Raju.", "This witness is an eyewitness to the incident.", "The two other eyewitnesses who were examined by the prosecution turned hostile during the trial and thus this witness was rendered in the position of being the sole eyewitness.", "It was given in his testimony that on the fateful day of the incident, he escorted the deceased to the railway office in order to enable him to place a sick note in the railway office.", "PW 2 has specifically stated that while he has present in the railway office, the appellant along with the co-accused threatened and attacked the deceased with sharp dangerous weapons on his neck.", "It is the version of PW 2 that on witnessing this ghastly attack, he ran away from the spot out of fear.", "He came back from the hiding after some time and saw the dead body of the deceased.", "In fact, PW 1 who is also the complainant was accompanied by PW 2 to the police station for lodging of the complaint.", "The testimony of this witness, in our opinion, proves and corroborates the presence of the complainant PW 1 and vice versa.", "In appeal the High Court, as noted earlier, has erroneously held that Roop Devi could have died by committing suicide.", "There was no evidence or any basis to return such finding by the High Court.", "There is no evidence on record to show that there was profuse bleeding from the injuries sustained by the two ladies and Chand Khan for blood to trickle down to the floor.", "On the contrary, the find of blood near the threshold of PW 1's house fits in with the evidence of the eyewitnesses and the nature of injuries sustained by Shah Alam.", "From the evidence of Sm.", "Naeema Parveen (PW 5) we get that when the accused persons started beating the members of their family inside their premises, she, her mother and aunt (Raees Begum) started shouting and cursing them.", "Then, when they found Chand Khan was approaching them they went inside.", "There Ishtiaq Khan gave two chhuri blows on the left side of her face and Sharif Khan gave two danda blows to her aunt Raees Begum.", "When she found Chand Khan was about to beat her mother, she struck him with a vegetable cutting knife.", "The above evidence of PW 5 stands substantially corroborated by the other three eyewitnesses referred to earlier.", "Then again the nature of injuries as found by the doctor upon her, Sm.", "Raees Begum and Chand Khan fits in with her testimony.", "We disapprove the aforesaid reasoning of the High Court.", "The layers of bricks had been put in and some bricks were also lying on the site.", "It appears from the statements of the prosecution witnesses that the appellant did not relish this interference by Maharaj Singh and after fetching the gun from the house, he fired at Pati Ram who was coming towards the site on hearing the shouts of Maharaj Singh and also hit Maharaj Singh who, by then, had managed to get his father's licensed gun and had come out in the open space.", "So as far the actual incident is concerned the prosecution has examined four eye witnesses, namely, PW 1 Mani Ram, PW 5 Maharaj Singh, PW 6 Chob Singh and PW 7 Mohar Singh.", "All these witnesses made substantially consistent in regard to the incident and place of occurrence.", "According to PW 1 Mani Ram he was working at the 'Rabat' along with his brother Pati Ram deceased, on 14-10-1979 at about 12 noon when he heard the shouts of Maharaj Singh and other children.", "On hearing these shouts he along with Pati Ram rushed to the place from where the shouts were coming.", "When he reached the field of Madho Singh the appellant came with a gun and fired from the place where the Abadi of Suraj Pal, Chak road and field of Madho Singh meet and that Naurangi Lal fired twice hitting Pati Ram as a result of which he fell down.", "This statement is corroborated by PW 6 Chob Singh and PW 7 Mohar Singh.", "The Investigating Officer also found blood stains at that place where Pati Ram fell down.", "There appears to be no sufficient reason for doubting the statements made by these witnesses.", "We proceed to do so.", "We have already indicated above that the eye witnesses namely PW 1 Mani Ram PW 6 Chob Singh and PW 7 Mohar Singh have made substantially consistent statement in regard to the incident and place of occurrence.", "PW 5, Maharaj Singh is not an eye witness in respect of deceased Patiram and in this regard he has merely stated that he saw his dead body lying in the open field.", "The incident took place in an open field in broad day light at about 12 noon.", "The Investigating Officer found blood at the place where Patiram was shot.", "Merely because the blood stained soil was not sent for chemical examination, the prosecution version cannot be said to be doubtful (See Ramesh Chandra v. State, : 1992CriLJ3584 .", "The medical evidence, namely, the post mortem report of deceased Patiram and injury report of Maharaj Singh supports the prosecution version.", "In the case of Surendra Paswan Vs.", "State of Jharkhand, reported in 2004(48) ACC 279, 290 SC, the Hon'ble Apex Court in para 4, 8 and 11 has observed as under:", "In response, learned counsel for the State submitted, that three eye-witnesses specifically deposed regarding the place of occurrence, the manner of assault and gave detailed description of the entire scenario.", "The trial Court and the High Court have analysed their evidence and found to be credible, cogent and trustworthy.", "That being the position, there is no scope for interference in this appeal.", "Further, there was a confusion between bullet and pellet which has been clarified by the investigating officer.", "Merely because the bullet which was extracted by the doctor was not sent for chemical examination, it would not be a factor which would outweigh the testimonial worth of the eye-witnesses.", "The injuries have not been established by the accused to have been sustained in course of the incident as per the prosecution version.", "There was not even any suggestion about the defence version to any of the prosecution witnesses and for the first time while giving statement under Section 313 Cr.P.C. the plea has been taken.", "The investigating officer did not find presence of blood on the cot.", "The trial Court and the High Court have analysed this aspect.", "It has been found that after receiving the bullet injury the deceased leaned forward and whatever blood was profusing spilled over to the soil.", "So far as the confusion relating to bullet and pellet is concerned, the same has been clarified by the doctor's evidence.", "In his examination the doctor (PW-3) has categorically stated that there was only one injury on the body of the deceased and no other injury was found anywhere on the person of the deceased.", "The investigating officer has clarified that the bullet embodied was given to the police officials by the doctor which was initially not produced as it was in the Malkhana but subsequently the witness was recalled and it was produced in Court.", "It was further contended that the medical evidence does not support the commission of rape on the prosecutrix and that the spots of semen found on the Petticoat and Dhotti of the prosecutrix were not sent for chemical examination.", "The learned counsel for the accused-appellant, therefore, strenuously contended that the prosecution has not succeeded in establishing its case against the appellant beyond reasonable doubt.", "Sentence of fine imposed on the appellant, was also said to be severe.", "It has been further contended that the stains of semen which are said to have been found on the petticoat of the prosecutrix were not sent for chemical examination.", "The learned Additional Sessions Judge has rightly commented on this lapse of the investigating agency and has further rightly observed that this lapse of the investigating agency would not furnish the sole ground for rejecting the prosecution case.", "I agree with the learned Additional Sessions Judge on this score.", "1 and 3 with the required care.", "In that case the High Court had acquitted the accused on the ground that his statement which led to the recovery of gandasa, the weapon of offence, was inadmissible.", "The fact so discovered should have been deposed to by the witness.", "As per facts narrated in Recovery Memo dated 21.12.2003 all the appellants were arrested by PW-4 and police party of the then Station House Officer Jawahar Lal Yadav and on the basis of information given by appellant Tasauvar, they discovered (material Ext 1) banka, which was hidden in water of pond which was situated in front of house of appellant Tasauvar.", "Moreover, this place was within personal knowledge of appellant Tasauvar, because he fetched banka from the water of the pond, where he threw it in water after the incident of murder of Smt. Sharda Devi.", "PW-4 or the then Station House Officer Jawahar Lal Yadav did not enquire from the appellants Rayees, Mubarak and Shah Alam that where are bankas, used by them.", "Therefore, they did not try to seize these bankas used by the appellants Rayeesh, Shah Alam and Mubarak.", "The copy of recovery memo (Ext Ka-14) was given to the appellant Tasauvar.", "The appellants never challenged this recovery during the course of investigation.", "The impugned judgment and order dated 15.05.2006 delivered by the Court of Additional Sessions Judge, Court No.1, Lakhimpur Kheri is liable to be upheld and it is affirmed.", "These appeals lack merits and are liable to be dismissed.", "All the appeals are dismissed accordingly." ]	[ "Section 302 in The Indian Penal Code", "Section 300 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 325 in The Indian Penal Code" ]
435599	[ "The facts in brief leading to the registration of said crime and the prosecution case are as under:-", "a) Rohitkumar Chandulal Shahu (PW7), his wife Revati and his mother deceased Firobai were residents of village Teresara, District - Rajnandgaon (M.P.).", "After death of his father about 20-25 years back, his mother Firobai had married with Pardeshi Jagatram Shahu from village Nanawati, who was having first wife namely Tetlibai and all of them were residing together.", "Gambhirdas Shahu real brother of father of Rohitkumar was resident of Minimata Nagar, Nagpur.", "Appellant is the eldest amongst four children of said Gambhirdas and he was working as a labourer.", "b) Firobai had left her house along with appellant on 19.5.2000 at about 8.00 a.m. for Nagpur for meeting Gambhirdas ::: Downloaded on - 09/06/2013 15:36:19 ::: 3 father of appellant/her brother-in-law.", "Firobai was then wearing blue colour Saree, blue colour blouse and blue colour petticoat and gold and silver ornaments and carrying a cash of Rs.300/-.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "Rohitkumar (PW7) then asked appellant regarding his mother to which appellant had told him that his mother had gone along with 3-4 persons of village Popdiya.", "PW7 at village Popdiya had gathered that his mother had not been to said village.", "Parents of appellant in response to query made about mother of PW7 had told PW7 that his mother had not been to Nagpur.", "Gambhirdas also informed PW7 that appellant had been to his house, therefore, he along with Chudaman went to Railway Police Station, Sitabuldi, Police Station, Lakadganj and lodged report about missing of his mother.", "The copy of said report was with appellant.", "He again went to the Police Station Somani on 23.6.2000 to lodge report.", "At said Police Station, Officer had shown him a pamphlet received from the Maharashtra State.", "On seeing pamphlet he identified the photograph therein being of his mother.", "As appraised by the Police Station Officer, PW7 had been to Police Station, Parshioni and identified the dead body seen in the photographs shown being of his mother.", "c) On 20.5.200 with Out Post Mansar report Exh.19 was lodged by Deepak Chichkhede (PW1), resident of Mansar, Maharashtra regarding corpse of woman lying in his field.", "PSI Hiralal Bante (PW 8) after receiving information from ASI Idrit of corpse of a woman lying at Shivar of Dola Mine, had rushed to said spot and after noticing condition of dead body, had come to conclusion that she was murdered.", "He had lodged written report Exh.57 and registered Crime No.65/2000 at Parshioni Police Station u/s 302 of Indian Penal Code and taken up the investigation.", "d) During the course of investigation on 21.5.2000 PW8 had drawn spot panchanama Exh.23 and so also inquest panchanama Exh.21 and seized samples of earth/ blood stained earth from spot under panchanama Exh.22 and sent corpse for post-mortem.", "PW8 on the same day at the instance of appellant, recovered two sarees, one blouse, one petticoat of deceased kept at house of acquitted ::: Downloaded on - 09/06/2013 15:36:19 ::: 5 accused Anupama @ Munnibai Nagpur under memorandum and seizure panchanama Exh.60 and Exh.61 respectively.", "PW8 in consequent to the statement made by appellant under memorandum and discovery panchanama respectively at Exhs.", "63 and 64, seized ig axe found hidden in a dry leaves below a Guava tree.", "PW8 recorded the statement of witnesses, seized blood sample of appellant, sent query letter Exh.40 and received report Exh.41 in response to same from Medical Officer, Government Hospital at Parshioni.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "He got conducted identification parade of seized articles through Executive Magistrate, Parshioni and collected memorandum of the same.", "f) Thus it is further case of prosecution that dead body of deceased Firobai was dragged from the spot situated in the field of one Rajesh Bele at a distance of 57 ft. and was kept in the bathroom of the house situated in the field of PW1 Deepak.", "Appellant had handed over ornaments of deceased to acquitted accused no.2 and with her help , had sold them to a Jeweller at Nagpur.", "Appellant had ::: Downloaded on - 09/06/2013 15:36:19 ::: 6 handed over the clothes of deceased to her.", "The evidence of Rohidas PW 7 son of the deceased reveals of himself having deposed inconsonance with the matters stated in the earlier part of the judgment while narrating the prosecution case.", "The same reveals that on 19.5.2000 appellant had been to his house and asked his mother-deceased to come at Nagpur and his mother had left with him and at that time she had told that she would return back within 2 to 3 days but she having not returned.", "It reveals that on 2.6.2000 appellant had been to his house at Tedesara and upon asking about the mother by PW 7 he had told that she had gone with 3 to 4 persons of village Popadiya.", "It reveals that he had searched at the said village and gathered that his mother had not been to the said village.", "PW 7 had again searched for his mother for 10 to 15 days.", "By present appeal, appellant/accused has thrown a challenge to judgment and order dated 17.4.2004 convicting him for commission of offence of murder of his paternal aunt Firobai Pardeshi Jagatram Shahu and for causing disappearance of evidence of said offence with intent to screen himself from legal ::: Downloaded on - 09/06/2013 15:36:19 ::: 2 punishment i.e. under Section 302 and Section 201 of IPC and on 1st count sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/- and i/d to suffer SI for 3 months and on 2nd count to suffer RI for 3 years and to pay a fine of Rs.500/- and i/d to suffer SI for 3 months passed by learned 6th Ad-hoc Additional Sessions Judge, Nagpur in Sessions Trial No.553/2000 of said Court.", "The said trial has arisen out of charge sheet submitted on 22.4.2000 by Parshioni Police Station in the Court of JMFC, Ramtek against the appellant and acquitted accused ig Anupama @ Munnibai w/o Visaram Mahaling also charged for commission of offences for which the appellant is convicted.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "::: Downloaded on - 09/06/2013 15:36:19 :::", "Thus both of them in furtherance of their common intention had caused disappearance of evidence of offence to screen appellant from legal punishment.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "After committal of case to the Court of the Sessions at Nagpur, said trial was taken up by learned 6th Adhoc Additional Sessions Judge, Nagpur.", "The appellant vide his plea Exh.12 has pleaded not guilty to charge Exh.11 framed on 22.9.2003 and lateron amended on 12.2.2004 against him and co-accused.", "The prosecution at trial examined in all eight witnesses.", "Out of them panch Manish PW 2 and panch Mohan PW 3 having not supported the prosecution were declared hostile.", "Thus prosecution mainly relied upon the evidence of Deepak PW 1 from Mansar; PW4 ASI Manohar from Mansar Police Station, Smt. Bhanbai PW 5 daughter of the deceased Smt. Kiranbai PW 6 neighbour of deceased, Rohidas PW 7 son of the deceased and lastly PSI Hiraman Bante PW 8 investigating officer of crime.", "In addition to the oral testimony of above referred witnesses, the prosecution also relied upon several documents which were prepared during the course of investigation.", "Out of them at trial the appellant admitted merg information Exh.16, occurrence report Exh.17, inquest panchanama Exh.21, seizure of blood stained earth and simple earth Exh.22, spot panchanama Exh.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The defence of appellant at the trial was that of total denial and of false implication.", "The appellant to the questions put to him during examination under Section 313 of Cr.P.C. about circumstances appearing against him in the prosecution evidence had answered mostly either same being false or himself being unaware of the same.", "However, the appellant had admitted of a) PW 7 having been to village Popadia and there he came to know that his mother had not been to the said village and after searching for her for 3-4 days with relatives, he had been to the house of appellant, b) himself having taken Rs.1,000/- from deceased one year prior to the incident.", "The appellant did not examine any witness in support of his defence and claimed that his parents were harassed by the police and he was not having any concern with the crime.", "However, the appellant did not assign any specific reason for any of witness having falsely deposed against him.", "The prosecution mainly relied upon the circumstantial evidence for establishing guilt of the appellant i.e. the circumstances ::: Downloaded on - 09/06/2013 15:36:19 ::: 8 as found established from oral and documentary evidence adduced by the prosecution at trial i.e dead body of Firobai being found in the bathroom of a field of Rajesh Bele, underwear being seized by PW4 in consequent to the statement made by the appellant , the identification of articles of mother made by PW5 and PW6, deceased having left in the company of appellant on 19.5.2000 as deposed by PW6 and PW7 and then herself wearing the articles as deposed by PW6, the conduct of appellant on 2.6.2000 as established by the evidence of PW1, the recovery of clothes of deceased from the house of acquitted accused and nuggets of gold and silver ornaments from the shop of Jeweller at the behest of appellant, seizure and recovery of an axe at the behest of appellant, the clothes of the deceased being found stained with blood group of 'O', the appellant having failed to give explanation to the said circumstances, himself having motive for commission of crime.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The Trial Court after assessment of evidence had come to the conclusion of the said circumstance being established by the prosecution.", "The trial court on the basis of the same had come to the conclusion of the appellant being guilty for commission of offence of murder of deceased and convicted and sentenced him as stated earlier.", "The learned counsel for the appellant in support of the appeal urged that :", "a) circumstances relied by the prosecution are not clinchingly ::: Downloaded on - 09/06/2013 15:36:19 ::: 9 established by the evidence adduced for said purpose.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "c) and then appellant had informed to PW 7 of deceased having gone along with three four persons of village Popadiya.", "e) time gap in between deceased seen in company of appellant and the time at which she was found dead, and appellant having explained said circumstance, the said circumstance is of no consequence against appellant much less drawing or leading to the inference of guilt of appellant as erroneously drawn by the lower court.", "f) circumstance of recovery of axe at behest of the appellant apart from resting upon interested testimony of I.O. PW 8 in view of so called panch witnesses for memorandum and discovery panchanama Exh. 63 and 64 having not supported the prosecution is again of no consequence as even axe was not found stained with blood and recovery of such article at behest of labourer cannot be said to be any uncommon thing.", "g) seizure of the note allegedly written by appellant, from the house of deceased is also inconsequential in absence of any evidence to establish that the same was either written by appellant or is bearing ::: Downloaded on - 09/06/2013 15:36:19 ::: 10 his signature.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "h) the circumstance that the appellant had taken Rs.1000/- from the deceased is inconsequential as appellant himself has admitted same.", "i) circumstance of saree of deceased being found in the house of acquitted accused is also of inconsequential in view of the said identification made by interested witness like PW 5 cannot be said to be conclusively establishing the said article being that of the deceased,", "j) the said circumstance is also inconsequential in absence of cogent evidence of the same being handed over by the appellant to her and even assuming the same; the same is insignificant having regard to the relationship between deceased and appellant and in absence of any evidence regarding time since which the same was with said acquitted accused,", "k) the identification of gold and silver ornaments by PW 7 and PW 5 is wholly inconsequential in absence of any cogent link of the same being the gold/silver of the deceased and particularly in absence of evidence of Jeweller Rajesh allegedly to whom the same were sold,", "l) the evidence of PW 6 and PW 7 looses all significance as they have not approached the police at early stage and their statements are admittedly recorded after a period of one month.", "m) the prosecution having suppressed missing report lodged by appellant the same denotes that the prosecution has not come to ::: Downloaded on - 09/06/2013 15:36:19 ::: 11 the court with clean hands.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "n) the prosecution evidence fails to establish any motive for appellant to commit such a serious crime,", "o) the evidence of PW 7 itself reveals that when he came for giving the report then only the appellant learnt of his aunt having not returned, his conduct cannot be said to be doubtful.", "p) the prosecution case of deceased being dragged from the spot in the field of one Rajesh Bele at the distance of 57 ft. and was kept in bathroom of house in the field of PW 1 is totally improbable and unbelievable.", "q) the prosecution has failed to explain substantial delay occurred in lodging FIR.", "r) in view of co accused being acquitted by the trial court, it was wholly improper to convict the appellant on the basis of the same evidence.", "The learned counsel for the appellant also placed reliance upon the following decisions in support of her submissions :", "(iv) Malleshappa .vrs.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The learned APP supported the impugned judgment and order and submitted that the evidence on record clearly establishes circumstances making out a case leading to inference of appellant being perpetrator of the crime.", "The appellant has failed to explain the circumstances established by the prosecution against him.", "He has further failed to give the explanation explaining most vital circumstance against him of himself being in the company of the deceased soon prior to the death.", "On the contrary the conduct of the appellant as revealed from the said circumstance establishes that he has been giving false unacceptable explanation.", "Thus considering the totality of the circumstances the same leads to unescapable conclusion of guilt of appellant as rightly arrived by the trial Court and as such there are no merits in the appeal and the same should be dismissed.", "(iii) Kusuma Ankama Rao .vrs.", "State of A.P. reported in 2008 Cri.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "We have given thoughtful consideration to the submissions advanced by both the parties and carefully perused the record and the decisions relied.", "At the out set it can be safely said that the prosecution case purely rests upon circumstantial evidence.", "All the said evidence and particularly the matters from post-mortem notes Exh.", "28 clearly leads to the conclusion of Firobai having met homicidal death due to head injury sustained by her and so also the other injuries.", "Upon scrutiny of his evidence apart from same being ::: Downloaded on - 09/06/2013 15:36:19 ::: 14 not challenged by the defence also does not reveal any circumstance for not accepting the matters deposed by him.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "At that time appellant had absconded from his house.", "On 22.6.2000 PW 7 had been to police station and lodged the report.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "His further part of evidence is inconsonance with the events which had occurred thereafter i.e. regarding having identified photograph of mother in the pamphlet.", "It also reveals that appellant had taken Rs.1800/- from his mother.", "It reveals that she was wearing the ornaments and clothes as deposed by him while leaving the house.", "He also identified silver and golden nugget before the court.", "The scrutiny of his evidence does not reveal any serious challenge thrown on part of appellant to his said evidence except making an attempt to bring on the record of PW 7 while recording his statement having informed that on 19.5.2000 his mother has left at about 8.00 pm for meeting paternal uncle of PW 7 at Nagpur.", "It also reveals of making an attempt to bring on record alleged contradiction mark 'A' from his police statement and an omission of PW 7 having not told that appellant was absconding when PW7 has been to his house at Nagpur.", "However, the record does not reveals any such contradiction/omission being duly established by putting ::: Downloaded on - 09/06/2013 15:36:19 ::: 16 the same to the investigating officer.", "In view of the same it can be safely said that the evidence of PW7 will deserve to be accepted regarding a) his mother in the company of the appellant having left the house on 19.5.2000 and then she was to return within 2 to 3 days but having not returned, b) on 20.5.2000 appellant alone had been to his house at Nagpur, c) on 2nd June, 2000 the appellant has told PW 7 of his mother along with 2 to 3 persons having been to Popadiya, d) his mother had never been to the said village, e) his mother was wearing clothes and ornaments as deposed by him, f) himself having learnt about death of his mother from - police and amongst other having learnt of her dead body being found on 20.5.2000 in the bathroom on the back side of house in field of Rajan Bele in Shivar of Dola Mine i.e. on the next day after she had left the house along with the appellant.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The evidence of next witness Smt. Bhanbai PW 5 reveals that she is daughter of the deceased.", "It also reveals regarding visit of her mother to her house six months prior to her death, her photographs being taken, her brother PW 7 Rohidas having informed her of appellant having taken her mother and herself having not returned, herself having identified photograph of mother shown by police, police having called her for identification of clothes of her mother and having identified saree and blouse of her mother and so also saree article 3, petticoat article 4 and blouse article 5 being the said articles.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The scrutiny of her evidence does not reveal any tangible material being brought on record during cross examination except herself having not stated to the police while recording her statement of PW 7 having disclosed that her mother was going to Nagpur along with appellant.", "Thus even discarding said part of her evidence hardly anything had surfaced on record for not accepting her evidence of saree article 3, petticoat article 4 and blouse article 5 being that of her mother.", "The evidence of Smt. Kiranbai PW 6 reveals that she was neighbour of deceased and deceased had informed that she was going out of station and she had left her house along with appellant on that day.", "It also reveals that then deceased was wearing blue colour saree, matching saree, gold ear top, gold nose stone, silver chain and silver bangles and had not returned to the house and after one month PW 6 came to know about her death.", "It also reveals that she had identified clothes of deceased in police station, Parsheoni and saree article 3 and blouse article 5 before the court being said clothes of deceased.", "Now considering the fact that she was neighbour and the observation made by apex court in the decision of Earabhadrappa - appellant .vrs.", "State of Karnataka (cited supra) pointed out by learned APP that ladies have an uncanny sense of identifying their own belongings, particularly articles of ::: Downloaded on - 09/06/2013 15:36:19 ::: 18 personal use in the family considered in proper perceptive also makes claims staked by PW 6 acceptable.", "Thus her evidence clearly supports/corroborates the evidence of PW 7 of Firobai having left her house along with appellant and at that time she was wearing the clothes and the ornaments as deposed by the witnesses.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The evidence of PW4 ASI Manohar reveals that in consequence of statement of leading to discovery of underwear made by appellant on 4.7.2000 , he had seized underwear Article 10 on the same day in presence of panchas by drawing memorandum and discovery panchanama Exh.44 and 45 respectively.", "The evidence of PSI Hiraman Bante PW 8 investigating officer reveals about the investigation made by him about which the reference has been already made hereinabove.", "Without making unnecessary detailed reproduction of each of the matter from the same and restricting to the significant part, the same reveals that on 29.6.2000 at the behest of the appellant under memorandum and discovery panchanama Exh.60 and 61 he had recovered two sarees, one blouse and one petticoat of the deceased kept at the house of acquitted accused Anupama.", "He has given an account of the events of the said discovery and seizure.", "His evidence also ::: Downloaded on - 09/06/2013 15:36:19 ::: 19 discloses about seizure of silver ornaments effected by him from Jeweller Rajesh Rokde to whom the same were sold by the acquitted accused.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "ig His evidence also discloses about collection of blood samples of the accused, obtaining query report Exh.41 in pursuance to query made vide Exh.40 and seizure of chit allegedly in the handwriting of appellant and receiving of CA report.", "The scrutiny of his evidence also does not reveal any significant matter being elicited rendering his testimony unacceptable.", "The discussion made hereinabove clearly reveals that the said claim of PW7 had remained unshattered in spite of the cross examination effected.", "Even the so called complaint/missing report said to have been lodged by the appellant has not been placed upon the record.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "Needless to add that considering the evidence of PW7 as a whole and considering the purpose for which deceased had been to Nagpur along with appellant such a say on part of appellant clearly appears to be an attempt made by him to advance improbable explanation for deceased not returning to her house.", "Having regard to the same it is difficult to accept the same.", "Needless to add that considering the fact that the deceased had left the house along with appellant on 19.5.2000 and her body was found at about 11.00/12.00 on the next day in the bathroom on the back side of house in field of Rajan Bele in Shivar of Dola Mine, it is difficult to accept that there is any long gap in between the said events.", "However, with regard to the further submission of the learned counsel for the appellant that in view of no blood being found upon the axe allegedly recovered at the behest of the appellant being an inconsequential circumstance will deserve credence having regard to the fact that appellant was working as ::: Downloaded on - 09/06/2013 15:36:19 ::: 21 labourer and the prosecution had failed to establish any link of the said seized articles with causing of injuries and consequently the death of the deceased.", "In view of the same the said circumstance is of no assistance to the prosecution.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The same is the case regarding circumstance of recovery of chit at the behest of appellant.", "The learned counsel for the appellant was very much right in canvassing that the said circumstance is also inconsequential in absence of the prosecution leading any evidence for establishing of the same being either in the handwriting of the appellant and/or bearing signature of the appellant.", "Such a evidence being not placed on the record, the said circumstance will be also required to be left out of the consideration as contended.", "However the further submission of the learned counsel for the appellant cannot be accepted that the evidence of PW7 of appellant having taken Rs.1800/- is inconsequential, as prosecution has not established the aforesaid chit being that of appellant and so also in view of appellant himself having admitted of having taken Rs.1000/- from deceased.", "Truly speaking the evidence of PW7 of appellant having taken Rs.1800/- from deceased having remained unshattered, it will be difficult to give any credence to such submission.", "At any rate the prosecution evidence also having pointed out that the gold and silver ornaments which were on the ::: Downloaded on - 09/06/2013 15:36:19 ::: 22 person of the deceased while leaving her house were missing when she was found dead , the same clearly appears to be probable motive behind the crime committed.", "Having regard to the same such said circumstance of appellant having taken Rs.1800/- from the deceased does not appear to be of much significance.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "The same is the case regarding another submission canvassed by learned counsel for appellant of saree/blouse of deceased being seized from the house of acquitted accused at the behest of the appellant.", "The said circumstance cannot be regarded as inconsequential as tried to be canvassed on the count of the said accused being acquitted by ignoring a fact that the said evidence denotes that the appellant was having knowledge about the same.", "The appellant having chosen not to throw any light upon the said aspect considered on the backdrop of the deceased having met with death within a day after she had left the house of 19.5.2000 itself reveals the potential of the said circumstance.", "Thus the same will be required to be taken into consideration and cannot be left out as tried to be canvassed by learned counsel for the appellant.", "However, the prosecution having not examined goldsmith from whom the silver/golden nuggets were seized by PW 8 investigating officer and apparently the same being not in the form of ornaments as deceased said to have been wearing when she had left her house, the said evidence cannot be said to be useful to the ::: Downloaded on - 09/06/2013 15:36:19 ::: 23 prosecution for advancing its case.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "Similarly after taking into consideration that deceased has left the house on 19.5.2000, her body was found on 20.5.2000 and the same was detected to be body of deceased only on 22.6.2000 when the same was identified by PW7, it is difficult to perceive that Investigating Officer could have traced either PW 6 and PW 7 or their statements could have been recorded prior to the day on which the same were recorded.", "Similarly considering the evidence of PW 7 in proper perceptive and the same amongst other revealing that he was trying to search out his mother and in the said process ultimately having been to Police Station, Parsheoni on 22.6.2000 and general tendency of the people to live on hope rather than accepting unpleasant fact, even about which also PW 7 had not received any clue it is difficult to accept that said conduct on part of PW7 or that of PW6 who was only neighbour can be branded as an unnatural conduct.", "Needless to add upon such facets their evidence cannot be said to be liable to be rejected.", "Similarly having regard to the fact that deceased along with appellant had left for Nagpur for meeting paternal uncle of PW 7, the evidence of PW7 revealing that she had not been to the house of said paternal uncle as disclosed by them i.e. parents of appellant, the evidence revealing that appellant alone had been to the said house on 20.5.2000 makes it wholly unacceptable that appellant ::: Downloaded on - 09/06/2013 15:36:19 ::: 24 was not aware that his aunt had not returned or that he became aware of the same only upon PW7 having questioned him.", "In view of the same the submission canvassed by learned counsel for appellant can never be accepted that the appellant became aware of the same when PW 7 came for lodging the report.", "As a matter of fact, the evidence of PW7 reveals the contrary story of appellant having not bothered about the same at least up-till 2.6.2000, i.e. when he had been to the house of PW7 and he had questioned appellant about his mother.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "Apart from the aforesaid the fact of deceased having left along with appellant on 19.5.2000 for Nagpur, the appellant alone having been to the said house, the explanation given by him of deceased having gone with 2 to 3 persons being inherently improbable, it is difficult to accept that conduct of the appellant cannot be said to be unnatural l as tried to be canvassed by learned counsel for appellant.", "The same is the case about the further submission canvassed regarding the appellant could not have been convicted on the same set of evidence upon which the co-accused were acquitted.", "Needless to add that considering the nature of evidence adduced at trial and discussed hereinabove and taking into account, the evidence which could be said to be against acquitted accused and against the appellant and there existing a marked difference in ::: Downloaded on - 09/06/2013 15:36:19 ::: 25 the same, the aforesaid submission without any further dilation deserves to be rejected.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "On the aforesaid backdrop and taking into consideration the circumstances which are found established against the appellant by the prosecution evidence i.e. a) deceased was lastly seen alive in the company of the appellant while leaving her house on 19.5.2000 prior to her dead body was found on 20.5.2000 in the bathroom on the back side of house in field of Rajan Bele in Shivar of Dola Mine ,", "b) the deceased having met with homicidal death in between 19th and 20th of May, 2000, c) deceased was to return within 2 to 3 days from Nagpur but having not returned, d) on 20.5.2000 appellant alone had been to his house at Nagpur for which deceased had left,", "e) on 2nd June, 2000 the appellant has told PW 7 of his mother along with 2 to 3 persons having been to Popadiya, f) the same being falsified to some extent in view of deceased having not been to the said village, g) wearing clothes and ornaments owned by the deceased were not found on her body, h) some of the clothes being seized from house of acquitted accused at the behest of appellant denoting that he was aware of the same, i) appellant had taken an amount of Rs.1800/- from the deceased, j) appellant having failed to give any reasonable explanation about any of these circumstances;", "it can be safely said that the same have cumulative effect of pointing towards the guilt of the accused and the same being wholly inconsistent with the hypothesis of innocence of the accused.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "As a net result of the aforesaid discussions, after ::: Downloaded on - 09/06/2013 15:36:19 ::: 27 reappraisal of the evidence, we do not find any error having been committed by the trial court warranting an interference on our part with the judgment impugned in the appeal.", "Thus there being no merits in the appeal, the same deserves to be dismissed and is accordingly dismissed.", "::: Downloaded on - 09/06/2013 15:36:19 :::", "::: Downloaded on - 09/06/2013 15:36:19 :::" ]	[ "Section 201 in The Indian Penal Code" ]
435826	[ "Prosecution version in a nutshell is as follows:", "She was resident of Degloor.", "Aftermarriage she started residing with her husband at village Hanegon for someperiod.", "But they shifted to Degloor and started residing in Line GalliDegloor, District Nanded.", "The appellant used to ill-treat her on account ofnon-fulfilment of demand of dowry.", "He was threatening her that he wouldundergo a second marriage.", "The financial position of the parents of Shaheenwas weak and they could not satisfy the demands of the appellant and shewas subjected to ill-treatment by the appellant.", "On 22-10-2000 at 03.00 hours the appellant informed his father-in-lawthat Shaheen died due to burns.", "Thereafter the father-in-law and other familymembers went to the house of the appellant.", "There they noticed that ShaheenBegum was lying on the ground and was dead.", "Appellant had pouredkerosene on the person of the deceased and set her on fire.", "Habib Umar (PW", "1) father of the deceased, lodged a report (Exhibit 16) with police of Police 2 Station Degloor on 22-10-2000 at 8.30 a.m. The complaint was registered atCrime No.120/2000 under Sections 498-A, 304-B and 302 IPC.", "PW 5Assistant Police Inspector Anandrao Badare proceeded to the spot.", "Spotpanchanama (Exhibit 20) and Inquest panchanama of the dead body (Exhibit", "21) were prepared.", "Five articles were seized from the place of occurrenceand the dead body was sent for post mortem examination.", "Dr. ARIJIT PASAYAT, J.", "1. Leave granted.", "Challenge in this appeal is to the judgment of a Division Bench of theBombay High Court at Aurangabad Bench upholding the conviction of theappellant for offences punishable under Section 302 of the Indian PenalCode, 1860 (in short the `IPC') as recorded by learned Ad hoc AdditionalSessions Judge, Biloli, Maharashtra.", "Appellant faced trial for allegedcommission of offence punishable under Sections 498 A, 304(B) and 302 IPC for committing murder of his wife Shaheen Begum (hereinafter referredto as the `deceased').", "Trial court acquitted the appellant of the chargesrelatable to Sections 498A and 304B while recording conviction underSection 302 IPC.", "The investigatingofficer recorded statements of five persons on 22-10-2000 and arrested theappellant.", "The seized articles were sent for chemicalanalysis examination.", "After committal of the case to the Sessions Court charge was framedat Exh.8 on 18th March, 2004 under Sections 498A, 304B and 302 IPC.Appellant pleaded not guilty and claimed to be tried.", "In order to further prosecution version, six witnesses were examined.", "The appellant examined himself and also examined three witnesses to provehis innocence.", "Trial court found that the circumstantial evidence wassufficient to hold him guilty.", "3 In appeal the stand that the circumstances do not present a completechain to warrant his conviction was rejected.", "In support of the appeal learned counsel for the appellant submittedthat the case is based on circumstantial evidence." ]	[ "Section 302 in The Indian Penal Code", "Section 313 in The Indian Penal Code", "Section 304B in The Indian Penal Code", "Section 498A in The Indian Penal Code" ]
43590549	[ "a) A Police Officer cannot register an FIR for any of the offences falling under Section 172 to 188 of IPC.", "b) A Police Officer by virtue of the powers conferred under Section 41 of Cr.", "22.10.2019 Lshttp://www.judis.nic.in 10/12 Crl.", "O.P.(MD)No.11449 of 2019", "Ls Crl.", "O.P.(MD)No.11449 of 2019 22.10.2019http://www.judis.nic.in 12/12", "This petition has been filed to quash the First Information Report in Crime No.13 of 2017 dated 16.01.2017 on the file of the first respondent.", "2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl.", "The petitioner unaware about the order of the Commissioner of Police regarding banning the demonstration.", "On precautionary measures, the respondent police had registered this case, under Sections 143, 188, 289 IPC and 22 of the Prevention of Cruelty to Animals Act, 1960, as against the petitioners.", "Therefore, they sought for quashing the proceeding.", "Therefore, he vehemently opposed the quash petition and prayed for dismissal of the same.", "7.Perused the material documents available on record.", "O.P.(MD)No.11449 of 2019", "He is not a competent person to register FIR for the offences under Section 188 of IPC.", "As such, the First Information Report or final report is liable to be quashed for the offences under Section 188 of IPC.", "Further, the complaint does not even state as to how the petitioner and others have attempted to stage demonstration in prohibited area and does not satisfy the requirements of Section 143 of IPC.", "Therefore, the First Information Report cannot be sustained and it is liable to be quashed.", "11.Accordingly, the F.I.R, in Crime No.13 of 2017, on the file of the first respondent, is quashed and the Criminal Original Petition is allowed.", "Consequently, connected miscellaneous petition is closed.", "1.The Inspector of Police Keelakarai Police Station, Ramanathapuram District.", "2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.", "http://www.judis.nic.in 11/12 Crl.", "O.P.(MD)No.11449 of 2019" ]	[ "Section 188 in The Indian Penal Code", "Section 143 in The Indian Penal Code" ]
435907	[ "The following facts will be necessary for our purpose.", "On 12.11.2003 a written report came to be made at Police Station Neem-ka-Thana, District Sikar, Rajasthan by one Rohitas Kumar, contending therein that while he was having his dinner at his home, he was attacked by Ram Prasad Kailash, Pawan Kumar, Krishan Kumar, Chameli and Manju.", "J U D G M E N TCRIMINAL APPEAL NO 416 OF 2008(Arising out of SLP (Crl.) 647 of 2006)V.S. SIRPURKAR, J.", "1. Leave granted.", "Aggrieved by the order passed by the High Court in Criminal Revision, the accused comes up before this Court by way of this appeal.", "By its impugned order, the High Court allowed the Revision and directed the Trial Court to re-hear the application filed under Section 319 of the Code of Criminal Procedure by applying its judicious mind and to pass the appropriate order according to law.", "It was asserted therein that Chemely and Manju also assaulted his wife Maya Devi.", "On the basis of this report offences were registered under Sections 147, 148, 341, 452, 24/149, 323, 324/149 and 308/149 IPC.", "The investigation proceeded and a charge-sheet came to be filed.", "However, in that charge-sheet the present appellant Kailash was not arrayed as an accused.", "During the course of trial when the prosecution witnesses were examined, the complainant moved an application under Section 319 Cr.P.C. However, that application came to be rejected.", "In that application, the complainant alleged that the present appellant Kailash was bound to be joined as an accused as it was clear from the records and the evidence that there was enough material against him.", "This application was opposed by the other accused persons on the ground that there was no material against Kailash and, therefore, there was no basis for taking cognizance on the basis of the application made by the complainant.", "The State supported the application contending that the witnesses had stated that Kailash had held an axe in his hand that he had hit on the hand and head of Rohitas.", "The injury on the head of Rohitas was proved from the medical report and that Rohitas, Ram Singh Ramavtar and Maya Devi had also involved Kailash in their statements before the police under Section 161 Cr.P.C.", "The learned Sessions Judge took stock of the evidence which was led during the trial and came to the conclusion that there was nothing in the First Information Report (Exh.P-1) to suggest that Kailash was having an axe in his hand and that he had caused the injury on the head or finger of the injured Rohitas.", "He also found that in the statements of the witnesses including injured Rohitas, Ram Singh, Ramavtar and Maya Devi, nobody had stated that Kailash was having an axe in his hand and he caused any injury to Rohitas with axe.", "He found that Rohitas, in his police statement, has stated to have been hit with a lathi.", "The Sessions Judge also observed that even if Kailash was presumed to be present at the place of occurrence, it was not proved that he took part in the assault and there was no justification for taking any cognizance against him.", "He found that Rohitas (PW1) in his statement had improved upon his evidence before the court and had added that Kailash inflicted axe blow on his hand and head, however, his injuries suggested that they were caused by a blunt weapon.", "It was also found by the learned Sessions Judge that even Ramavtar (PW3) had deposed that nobody struck Rohitas with an axe before him.", "Even Maya (PW-4) had also not stated in her statement about Kailash to have inflicted injuries to Rohitas with an axe.", "Although these witnesses had stated in their evidence that Kailash was having an axe in his hand, the Sessions Judge found that they have made improvement in their evidence.", "It was this order of the Sessions Judge which was challenged by way of a Revision Petition.", "The Revision remained on pending and in the meantime, however, the other five accused, against whom the prosecution was going on, were acquitted of the charges under Sections 147, 148, 452, 324 or 324/149, 325 or 325/149, 308/149 and 341 of the Indian Penal Code.", "Only three accused came to be convicted for offences under Section 323 IPC, they were accused Krishna Kumar, Smt.", "Manju Devi and Chameli.", "They were, however, not awarded with any punishment and were given the benefit of Section 4 of the Parole Act. Very strangely, the trial was not stayed during the pendency of the Revision Petition before the High Court.", "It was pointed out that merely because some witnesses in their evidence had involved Kailash, that by itself would not be sufficient to exercise the powers under Section 319 Cr.P.C. As against this the learned counsel for the respondents supported the order and pointed out that there were some observations made by the learned Sessions Judge in his judgment while acquitting the other accused persons.", "The Trial Court had also very specifically noted the improvement made by Rohitash (PW-1) in stating that Kailash inflicted axe blow on his hand and head which claim was belied by the medical report recording his injuries.", "Same was the situation regarding the evidence of Ramavatar (PW3) as also Maya (PW4)." ]	[ "Section 149 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 308 in The Indian Penal Code" ]
73138044	[ "606 20.08.2014 AB C.R.M. 6397 of 2014 Re: An application for anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 20th May, 2014 in connection with Raiganj Police Station Case No. 70 of 2014 dated 20.01.2014 under Sections 448/324/325/326/354B/ 379/506/34 of the Indian Penal Code.", "In re: Bidyut Roy & Ors. ... Petitioners.", "Mr. Sudip Guha ... for the Petitioners.", "Mr. Debabrata Dasgupta ... for the State.", "Heard the learned advocate of both the parties.", "The application for anticipatory bail is, thus, allowed.", "( Pranab Kumar Chattopadhyay, J. ) ( Sudip Ahluwalia, J. )" ]	[ "Section 379 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 326 in The Indian Penal Code" ]
731486	[ "ORDER Palok Basu, J.", "Bhagwan Das Agrawal has filed this petition under Section 482, Cr.", "P.C. with the prayer that the complaint and consequent proceedings initiated by Rajiv Nandan Misra pending in the Court of Chief Judicial Magistrate Varanasi, be quashed.", "Since affidavits have been exchanged, this application is being finally disposed of at the admission stage.", "The question involved, however, will be to whether it will be open to this Court in exercise of inherent powers under Section 482, Cr.", "P.C. to weigh the respective pleas, particularly the complainant's, in order to Judge whether \"bona fide dispute\" concerning the property involved really exists.", "The facts are that a first information report was lodged by Rajiv Nandan Misra on 4-9-1986 at Police Station Chowk, Varanasi.", "The investigation followed but ended in a final report.", "It appears that a protest petition was filed on behalf of the informant before the magistrate and it further appears that he directed the informant to proceed with the matter as a complaint case whereupon statement of Rajiv Nandan Misra was recorded under Section 200, Cr.", "P.C. on 20-10-1987 and those of Krishna Kumar Pandey, head constable, Raj Kumar constable, Triloki Nath Tewari, Mahendra Nath Shukla, Hari Prasad and Ganga Saran Misra, eye-witnesses, were recorded.", "On a perusal of the material existing on the record the Chief Judicial Magistrate, Varanasi, summoned the applicant along with Radha Krishna Chaudhary, Ramji Yadav, Ramesh Chandra Chopra, Gopal Khanna and Shakti under Sections 448/395, I.P.C.", "Having come to know of the summoning order applicant filed a revision before the Sessions Judge which came to be decided on 17-7-1989 by the Second Additional District and Sessions Judge, Varanasi.", "From annexure 18 it appears that Bhagwan Das Agrawal and Ors. had filed the said revision but in this petition only Bhagwan Das Agrawal is the applicant.", "After hearing the parties, the said revision was dismissed, hence this petition under Section 482, Cr.", "Sri A. D. Giri, learned senior Advocate along with Sri Section K. Agarwal for the applicant, Sri N. K. Roy for the Opposite Party No, 2 Rajiv Nandan Misra, and Sri R. P. Tripathi, learned Additional Public Prosecutor for the State of U. P. have been heard at length.", "Strong reliance was placed by the learned counsel for the applicant on the statements of Rajiv Nandan Misra as contained in the first information report, the protest petition and the deposition before the Maistrate under Section 200, Cr.", "P.C. On the strength of such statement it was argued that the inference should be readily drawn that there is a genuine dispute concerning the possession of Hanuman Temple the lock of which was forcibly broken open and from within which the valuables were removed by the accused.", "Thereafter they took out procession, obstructed the passage and the main road as a result of which the informant could not lodge the F.I.R. promptly.", "In the statements of the witnesses under Section 202, Cr.", "It was further argued that there was no question of any bona fide dispute, the informant was in possession the Hanuman Temple and the accused had committed an offence which came within the purview of Sections 395 and 448, I.P.C. and, therefore, the summoning order need not be interfered with.", "It was further argued that in the report lodged by the accused's side they have practicaly admitted the incident in regard to which also investigation had commenced and which was found false.", "It was further argued that the applicant has come through a fictitious.", "Samiti which was surreptitiously got registered but the registration was cancelled on the objections of the complainant.", "It was further argued that the District Magistrate's order dated 11-8-1986 showed that the parties were asked to maintain status quo.", "In view of all this it was suggested that this application should be dismissed.", "The learned counsel for the State has supported the said argument." ]	[ "Section 395 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 200 in The Indian Penal Code", "Section 482 in The Indian Penal Code", "Section 397 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 380 in The Indian Penal Code" ]
50777651	[ "W.P.(CRL) 711/2016 Page 1 of 5", "No child has been born out of the said wedlock.", "On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family members.", "The salient terms and conditions of the afore-stated settlement as enunciated in the order dated 5th June, 2015 are reproduced below:-", "Petitioner is agreed to pay Rs. 11,50,000/- (Rupees eleven lacs and fifty thousand only) to the respondent as full and final settlement towards stridhan, past, present and future alimony and maintenance.", "The petitioner Shri Nitin Bery shall pay Rs. 4,00,000/- (Rupees four lacs) out of Rs. 11,50,000/- (Rupees eleven lacs and fifty thousand) to the respondent at the time of recording of the statement in the first motion of divorce petition by W.P.(CRL) 711/2016 Page 2 of 5 mutual consent.", "W.P.(CRL) 711/2016 Page 2 of 5", "The respondent Ms. Poonam Ahuja shall withdraw her petition u/s 125 Cr.P.C. on the date fixed in the petition before the court concerned.", "permanent alimony, dowry articles, maintenance past, present and future etc. against the petitioners.", "Counsel for the parties further state that pursuant to the said settlement W.P.(CRL) 711/2016 Page 3 of 5 before the Mediation Centre, Patiala House Courts, New Delhi, a sum of Rs. 8.00 lakhs has already been received by respondent no.2 (wife).", "The balance sum of Rs. 3.50 lakhs has been brought to the Court in the shape of Demand Draft dated 18th February, 2016 bearing No. 027551 drawn on HDFC Bank, Roop Nagar, Delhi-110007 Branch in favour of respondent no. 2(wife) herein.", "The latter acknowledges receipt thereof subject to its encashment.", "W.P.(CRL) 711/2016 Page 3 of 5", "In the present case, it is observed that pursuant to the settlement arrived at between the parties to the union, a decree of divorce by mutual consent dated 29th January, 2016 has already been obtained by the parties from the concerned Family Court, Patiala House, New Delhi.", "Ms. Poonam Ahuja, respondent No.2/complainant (wife), who is present in Court and has been identified by the Investigating Officer- SI Raman Pratap, Police Station- CAW Cell, Nanakpura, Delhi, states that in pursuance to the settlement arrived at between the parties to the union, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.", "Since the dispute between the parties which arose out of a matrimonial discord between petitioner no. 1 and respondent no. 2 and resulted in the registration of the subject FIR, has been settled amicably without any undue influence, pressure or coercion; as the parties have obtained decree of divorce by mutual consent; and since the settlement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the W.P.(CRL) 711/2016 Page 4 of 5 proceedings arising therefrom.", "W.P.(CRL) 711/2016 Page 4 of 5", "SIDDHARTH MRIDUL, J MARCH 04, 2016 SD W.P.(CRL) 711/2016 Page 5 of 5", "W.P.(CRL) 711/2016 Page 5 of 5", "CRL.M.A. No. 4002/2016 (Exemption)", "Exemptions allowed subject to all just exceptions.", "The application stands disposed of.", "W.P. (CRL.)", "The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 139/2014 under Sections 406/498A/34 IPC registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings arising W.P.(CRL) 711/2016 Page 1 of 5 therefrom.", "The parties shall file petition for second motion for divorce by mutual consent immediately after expiry of six months from the date of order in the second motion petition.", "The petitioner Shri Nitin Bery shall pay further Rs. 4,00,000/- (Rupees four lacs) to the respondent at the time of recording of the statement in the second motion of the divorce petition.", "It is further agreed that the parties shall go for quashing proceedings arising out of FIR No. 139/2014 u/s 498A/406/34 IPC dated 25.09.2014 PS Nanak Pura, New Delhi registered on the complaint of respondent Ms. Poonam Ahuja.", "The respondent Ms. Poonam Ahuja shall cooperate in quashing of the said FIR.", "That the remaining amount of Rs. 3,50,000/- (Rupees three lacs and fifty thousand) shall be paid by the petitioner to the respondent at the time of quashing of FIR before the High Court of Delhi.\"", "In a nutshell, it has been agreed by and between the parties to the union that respondent no. 2 (wife) shall be paid a sum of Rs. 11.50 lakhs towards all her claims vis.", "a vis.", "Resultantly, the FIR No. 139/2014 under Sections 406/498A/34 IPC registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to their depositing a sum of Rs. 25,000/- in aggregate with the Victims' Compensation Fund within a period of two weeks from today.", "A copy of the receipt thereof shall be provided to the Investigating Officer in the subject FIR.", "It is also observed that as a consequence of the settlement arrived at by and between the parties to the marriage, a quietus will be applied to the case filed by the respondent no.2/complainant (wife) under Section 125 Cr.P.C. as well as the petition filed by the petitioner no. 1 (husband) against the respondent no.2/complainant (wife) under Sections 13(1)(ia) and (ib) of Hindu Marriage Act, 1955, in addition to the disposal of the present writ petition.", "With the above directions, the writ petition is allowed and disposed of accordingly." ]	[ "Section 406 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 13 in The Indian Penal Code" ]
5078981	[ "It does not matter much that the same was corroborated by P.W. 12 for it has to be examined whether the harassment meted out to the deceased shortly before her suicidal death could be attributed to anything concerning demand of dowry.", "It is seated that the appellant was well disposed towards his wife for 5 to 7 months thereafter but then differences arose.", "The apparent reason was that PW-11, who had been a resident of Jalandhar had shifted to Panipat the town where the spouses resided.", "Having settled at Panipat, he had constructed two houses and a shop.", "Then came a demand of Rupees 10,000/- from him, lest the appellant mal-treat his daughter.", "PW-11 gave Rs. 5,000/- to the appellant.", "In spite of having got his demand met partially the appellant turned out his wife Usha Rani when she had a male child in her arms about a month old.", "For two years thereafter she stayed at her father's house.", "In the meantime there was cross litigation between the parties, the husband filing a petition under Section 9 of the Hindu Marriage Act and the wife claiming maintenance under Section 125 of the CrPC.", "Various steps were taken to settle the matter but ultimately the brotherhood of the parties got effected a compromise between the parties on 1-2-1987 which was reduced to writing and has been put on record as Ex. PG.", "In terms thereof the deceased went to her husband's house.", "She lived there without any problem for four or five months.", "Then arose the problems partly on account of her husband occasionally beating her and partly from her in-laws who wanted the spouses to live separate from them as they were not willing to keep the appellant joint with them because the appellant allegedly had got 'spoiled.", "The father of the appellant could not be persuaded to keep his son and daughter-in-law in his house even invoking his compassion of the impending delivery of a second child to the deceased.", "The suggestion of PW-11 that the appellant could be separated after the delivery of the child did not cut any ice.", "It is in this circumstance that the appellant and deceased moved over to a rented room at a distance of about two kilometers from the house of the parents in-laws of the deceased.", "The death of the deceased took place on 19-12-1987 she having consumed insecticide poison, a date close to the shifting of residence.", "PW-11 further stated that on two Sundays previous to 14-12-1987 which fell on 6-12-87 and 13-12-87 his daughter visited him.", "On the first occasion she had expressed her desire to come and live with him but PW-11 told her that she could have her child in her in-laws house where after he would bring her and keep her in his house.", "The deceased had expressed her desire to live with her father because she had complained to him that the appellant was harassing and maltreating her.", "On 13-12-1987 also deceased came and told her father PW-11 that the appellant was harassing and maltreating her.", "This time PW-11 told her daughter that he was willing to keep her in his house but the deceased then replied that she would rather have her baby in her house and then later move into his house.", "In that way perhaps the deceased was disappointed with her father for not opening his arms to give her instant shelter.", "She was also anguished by the maltreatment meted out to her by her husband.", "Lastly, the prospect of bringing to the world another child in these circumstances should have been depressing.", "This led her to commit suicide on 14-12-1987 about which PW-11 was informed, who set the police machinery into motion to have the appellant and two others arrested and tried for the criminal offence.", "The Courts below not only have convicted the appellant alone for the offence under Section 304B I.P.C but have also convicted him for offence under Section 498A of the Indian Penal Code.", "Whatever demands of dowry arose after the marriage, over which there were differences between the parties were settled or got receded when the deceased resumed co-habitation with her husband on 2-2-1987 the day following when Ex. PC was written.", "There is no whisper thereafter of any demand of dowry.", "The cruelty otherwise inflicted on the deceased would be a relevant circumstance to maintain the conviction of the appellant under Section 498A of the Indian Penal Code." ]	[ "Section 304B in The Indian Penal Code", "Section 498A in The Indian Penal Code" ]
508954	[ "JUDGMENT Devi Prasad Singh, J.", "1. Heard the learned counsel for the parties.", "Petitioner's father (late) Sheo Kumar Singh was a head constable in the police department.", "On 2nd December, 1987, while working at Lakhimpur Kheri, when the father of the petitioner had left for District Raebareilly, his whereabouts could not be ascertained by the authorities.", "A Criminal Case No. 244 of 1987 under Section 302/207, I.P.C. was registered.", "The apprehension was that he was being killed by some assailants at that time.", "A charge-sheet was filed under Section 364, I.P.C. Thereafter, Superintendent of Police, Lakhimpur Kheri in compliance of the Government order dated 27.12.1989 declared the father of the petitioner (late) Sheo Kumar Singh as deed and informed the Government by his letter dated 2nd of June, 2001, copy of which has been filed as Annexure-10 to the writ petition.", "Wife of (late) Sri Sheo Kumar Singh has moved an application in July, 1995, with a statement that after lapse of 7 (seven) years of period, her husband shall deemed to be dead and accordingly, her eldest son being the dependent on his father may be given appointment on compassionate ground.", "Copy of the letter of wife of (late) Sheo Kumar Singh has been filed as Annexure-1 to the writ petition.", "In para 4 of the counter-affidavit, the reason for not giving appointment under dying-in-harness rules has been mentioned is that the persons who are not traceable for any reasons whatsoever, their dependant shall not be entitled for appointment on compassionate grounds.", "His brother has lodged on F.I.R. on 27.7.1988 under Section 302/291, I.P.C. against one Sri Brijesh Shukla and others that they have killed Sri Sheo Kumar Singh but the accused were acquitted on 6th of August, 1999 by competent court.", "Wife of (late) Sheo Kumar Singh has submitted application for appointment on compassionate grounds on 9.11.1989 with the prayer that her eldest son, i.e., the petitioner may be appointed on compassionate grounds.", "The application of petitioner's mother was rejected only on the ground that under dying-in-harness rules, the dependants of lost persons are not entitled for appointment on compassionate grounds.", "The grounds for refusal, at the face of the record, seems to be misconceived.", "Once the Superintendent of Police, himself by his order dated 2nd of June, 2001, has informed that on 27th December, 1989, that Sri Sheo Kumar Singh died and all the post retiral benefits were paid to his wife, then, there seems to be no justification for not allowing the benefits under Dying-in-harness Rules.", "A persual of the dying-in-harness rules notified on 7th October, 1974, copy of which has been filed as Annexure-12 to the writ petition, at the face of the record, shows that the dependants of the family of the deceased Government servants shall be entitled for appointment on compassionate grounds.", "Burden of proving that person is alive who has not been heard of for seven years.- (Provided that when) the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is (shifted to) the person who affirms it.", "There may be cases where while discharging duties particularly in police force or armed force persons may be placed in the list of lost or missing employees for some unforeseen reasons and denial for appointment on compassionate grounds to the dependants of such employees even after the lapse of statutory period of 7 years shall frustrate the very purpose of the Dying-in-Harness Rules.", "In view of the above discussions, the principle of purposeful interpretation may be applied in the present case while considering the availability of benefits to the petitioner under Dying-in-Harness Rules.", "No order as to costs." ]	[ "Section 302 in The Indian Penal Code", "Section 364 in The Indian Penal Code" ]
70477804	[ "And In the matter of : Shripada Bhakat .... Petitioner Mr. S. Chatterjee, Adv.", "Mr. K. Ganguly, Adv.", "..... For the Petitioner Mr. M. Sur, Adv.", "Mr. M. Mahata, Adv.", "Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with two sureties of like amount, to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973 and on further condition that he shall meet the investigating officer once in a week until further orders.", "The application for anticipatory bail is, accordingly, allowed.", "(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)" ]	[ "Section 341 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 326 in The Indian Penal Code" ]
70483626	[ "The earlier two bail applications were dismissed as withdrawn vide order dated 21/02/2018 & 02/04/2018 passed in M.Cr.", "C. No.6845/2018 & 9815/2018 respectively with liberty to revive the prayer for bail after reasonable period of custody.", "Third and fourth application was also dismissed on merits vide order dated 4-7-2018 in M.Cr.", "C.No.15216/2018 and vide order dated 26-10-18 in M.Cr.", "C.No.32845-2018 and whereas the fifth application was dismissed as withdrawn with liberty to renew the prayer after examination of main principal witnesses vide order dated 25-2-2019 in M.Cr.", "The applicant has been arrested by Police Station University, District Gwalior in connection with Crime No. 200/2010 registered in relation to the offences punishable u/S. 363, 366, 34 of IPC enhanced section 201, 368, 120-B, 212 of IPC.", "Allegations against the applicant, in short, are that the applicant along with co-accused took the prosecutrix aged (2) HIGH COURT OF MADHYA PRADESH M.Cr.", "C. No. 16789-2019 (AkhileshVs.", "None of the witnesses say that they have seen the prosecutrix being taken away by the present applicant.", "The applicant has put in more than one and a half years of incarceration and early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty.", "He is a permanent resident of Village Bhadumara, Police Badoni, District Datia(M.P.) and is ready to abide by the terms and conditions as may be imposed by this Court.", "With the aforesaid submissions, learned counsel for the applicant prays for grant of bail.", "This order will remain operative subject to compliance of the following conditions by the applicant :-", "The applicant will comply with all the terms and conditions of the bond executed by him;", "A copy of this order be sent to the Court concerned for compliance.", "as per rules.", "(S.A. Dharmadhikari) Judge (binu) Digitally signed by BINU PILLAI BINU PILLAI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=407396ae94364513aeb2353af3a718aa3ab8f52 ca22c0415e6e6fc37744f5646, cn=BINU PILLAI Date: 2019.05.14 14:38:49 -07'00'" ]	[ "Section 201 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 366 in The Indian Penal Code" ]
704993	[ "JUDGMENT Agarwala, J.", "This is an appeal by Mool Chand, aged 22 years, and Phool Chand, aged 30 years, against their conviction under Section 302 and under Sections 302/34, I. P. C. respectively and sentence of death.", "There is also before us the usual reference for the confirmation of the death sentence.", "The appellants were prosecuted along with Brij Lal and Ram Naresh under Sections 147, 148, 302 read with Section 149, I. P. C. for having conspired together to murder one Nathey Ahir after arming themselves with deadly weapons in the company of one or two more persons and for having committed murder of the aforesaid person at about mid-night between the 3rd and 4th August 1951 in village Bahapur, while the deceased was sleeping on a Machan in a field.", "Brij Lal and Ram Naresh were acquitted by the learned Sessions Judge.", "It appears that Mool Chand's father Lautan and Phool Chand's father Sultan were cousins.", "Rampat ejected them by means of a suit and then cultivated the land himself for two years.", "In the month of Jeth or Baisakh 1951 Nathey deceased got the land from Rampat.", "Mool Chand and Phool Chand did not like this.", "They threatened Nathey that if he did not leave the land, he would come to harm.", "Brij Lal and Ram Naresh had, however, other enmity with Nathey and the prosecution case was that they conspired, with Mool Chand and Phool Chand to murder Nathey.", "For the last three nights before the incident Nathey used to sleep on a Machan in his Jondhari field in order to guard his crops in the night.", "In the night in question, according to the prosecution, while Nathey was sleeping on a cot on his Machan, five or six persons including the appellants and Brij Lal and Ram Naresh attacked Nathey with garidasas.", "The actual attack was made by Mool Chand and Brij Lal while Phool Chand and Ram Naresh held the feet of Nathey to facilitate his being killed, and one or two persons, who could not be recognised, armed with lathis were standing nearby.", "The first information report was lodged by the deceased's wife, Smt. Dhananti, at 6-30 in the morning of the 4th of August.", "The Sub-Inspector Ram Adhar Singh at once proceeded to the place of occurrence and held an inquest.", "He found the deceased lying dead on the cot over the Machan in a pool of blood.", "The accused were absconding and he searched their houses in their absence and found two bloodstained gandasas from the house of Mool Chand in the presence of witnesses.", "The post-mortem report revealed that the deceased had received no less than 12 injuries of which 11 were incised wounds all inflicted on right side of chest, temple, face and neck.", "Human blood was found on one of the gandasas, while on the other the blood was disintegrated and its origin could not be determined.", "The accused pleaded not guilty.", "Mool Chand denied that the gandasas belonged to him or that they were recovered from his house.", "The recovery of gandasas from the house of Mool Chand was, however, proved by witnesses of recovery.", "Smt. Dhananti, RamaAwadh, Rama Deo and Jholai, eye-witnesses, were produced by the prosecution.", "Baidat and Lakhi swore that immediately after the incident they saw the accused running away from, the scene of murder.", "We have been taken through the evidence of the witnesses and 1 have no doubt in my mind that the prosecution case is fully established on the evidence on the record.", "Certain discrepancies were pointed out in the statements of tae witnesses but they are all minor and immaterial.", "There is no reason to disbelieve the prosecution witnesses on that ground.", "I would like to note my reasons.", "The prosecution case as put in court is that these two appellants, namely, Mool Chand and Phool Chand, together with four or five other persons, went to the machan on which Nathey deceased was sleeping on the night between the 3rd and 4th August 1951, that the two appellants, Brij Lal and Ram Naresh got on the machan, that Mool Chand appellant and Brij Lal struck the deceased with gandasas and Phool Chand and Ram Naresh held certain parts of the body of the deceased, that the other persons in the party remained standing on the ground and that on the approach of the witnesses these persons ran away.", "Of the six prosecution witnesses, Smt. Dhananti, widow of Nathey, Ram Awadh, Ram Deo and Jholai depose about seeing Mool Chand and Brij Lal striking with the gandasa and Ram Naresh and Phool Chand holding the body of the deceased, while Baldat and Lukki depose about those persons running away.", "Further the machan consisted of the deceased's cot fitted to four bamboos at a height of 21/2 cubits, that is, about 1-1/4 yards from; the ground.", "There was a thatch over this cot.", "It really consisted of two thatches, one sloping towards the west and one towards the east.", "The thatches were about 3-1/2 feet long, which was the length of the cot, and about 3 feet wide.", "They extended on each, side about a span beyond the cot and were about a foot above the eastern and western edges of the cot.", "I very much doubt that is this set up of the machan these four accused., could have taken their seat on the cot and that the witnesses who had been running from different directions could have been able to see the actual persons striking the gandasa and the persons holding the body.", "Ram Deo, who had run with Ram Awadh, stated that they had started running:, towards the machan silently.", "I am, however, of opinion that the statements of the six witnesses about seeing Mool Chand and Phool Chand running away deserve to be believed, in the absence of any particular reason for them to depose falsely against them in a murder case.", "Two gandasas are said to have been recovered from the house of Mool Chand.", "I am further of opinion that the fact ofthe accused running away from the machan at the time of the incident is sufficient to holdthat they were the murderers of Nathey.", "The accused gave no explanation for their presence there at the time.", "They denied the prosecution allegations and just stated that the case against them was on account of enmity.", "The murder was clearly pre-planned on account of ill-feeling and was brutal.", "The deceased was given eleven incised wounds, all on the lace and neck.", "They included an incised wound 3\" x1 /4\" xbone deep, oblique extending from the right temple to the right mastoid process across the middle of the external ear.", "The cartilege of the right ear had been cut through and through.", "The right lower ramus of the mandible had been cut and fractured.", "Eight of the wounds were on the right side of the face.", "The remaining there wounds were on the front of the neck.", "Two of them were deep wounds.", "One was81/2x2\"x21/2\" on the front of the neck above the larynx, extending from the middle of the left side of the neck and going across the front of 'the neck to the right side of the neck back part.", "The wound went deep, cutting the muscles, nerves and big vessels.", "The \"thyroid 'bone and the body of the 2nd cervical vertebrae had been cut.", "The oesophagus was alsocut at the level of the larynx.", "The other was 4\" x1/4\" xbone deep, on the front of the neck right side, going deep, cutting muscles, nerves and big vessels.", "They plan a brutal murder, they attack a sleeping person and go on hacking him till persons arrive & they had no option but to leave him and run away.", "In my opinion, both Moolchand and Phoolchand have been rightly sentenced to death by the learned Sessions Judge." ]	[ "Section 302 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 300 in The Indian Penal Code", "Section 164 in The Indian Penal Code", "Section 148 in The Indian Penal Code" ]
70415914	[ "(243)", "C. R. M. 14734 of 2014 In the matter of : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 14.10.2014 in connection with Amta Police Station Case No. 308 of 2014 dated 03.10.2014 under Sections 143/448/323/325/379/326/307of the IPC.", "And In re : Kamal Pramanik & Ors....", "....................petitioners Ms. Juin Dutta Chakraborty.............for petitioners Mr. Narayan Prasad Agarwal .................for the State The petitioners herein are seeking bail in connection with a case relating to offences punishable under Sections 143/448/323/325/379/326/307of of the IPC.", "Therefore, the accused/petitioners, namely, (1) Kamal Pramanik (2) Shyam Sundar Pramanik and (3) Mohan @ Mahanti Pramanik be released 2 on bail upon furnishing a bond of Rs. 3000/- (Rupees Three Thousand) only each with one local surety of like amount each, subject to the satisfaction of the learned A.C.J.M, Uluberia, Howrah and subject to further condition that the accused/petitioners herein will meet the I.O. once in a fortnight till the completion of the investigation.", "The application for bail, thus, stands allowed.", "(Pranab Kumar Chattopadhyay-J.) ( Sudip Ahluwalia-J.)" ]	[ "Section 379 in The Indian Penal Code", "Section 143 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 326 in The Indian Penal Code" ]
70438238	[ "Brief facts giving rise to the prosecution case are as follows:-", "a) Deceased Vithalappa Tukaramappa Torkad had purchased agricultural land admeasuring 4 Acres 38 Gunthas situated at village Parda, Tq.", "and district Hingoli from one Ratnabai and Kanbarao about more than 10 years earlier to the incident.", "According to accused persons, 20 gunthas of the land of their share had been illegally shown as part of land purchased by deceased Vithalappa and as such they were demanding the said portion of land of 20 Gunthas of their share.", "Deceased Vithalappa told them that they should measure the land and if it is revealed during the measurement that 20 gunthas excess of land belonging to the share of accused, he::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -5- would return it to them.", "In the backdrop of this dispute, the incident had taken place on 23.2.2007 at about 11.00 a.m. in the field of deceased Vithalappa, situated near the bus stand.", "At that time, there was standing crop of turmeric and it was almost ready for harvesting.", "On the day of incident, at about 10.00 a.m. to 11.00 a.m. deceased Vithalappa was present alongwith his brothers Gangadharappa, Babanappa, Gajanan, Santosh and Kundalik and 7 - 8 other persons in the field.", "At that time, accused No.1 Krishnarao, accused No.2 Keshavrao, accused No.8 Goprao, accused No.9 Baban @ Uttam and accused No.10 Marotrao came there.", "All of them started telling to Vithalappa that they would take away the crop of turmeric.", "They also gave threats that if deceased Vithalappa would take the crop, they would kill him.", "Deceased Vithalappa had tried to convince them.", "Thereafter, those accused persons went to their house.", "P.W.3- Gangadharappa with others had gone to police station immediately for lodging the complaint.", "b) It is further case of the prosecution that accused No.8 Goprao, accused No.11 Waman, Accused No.1 Krishnarao, accused No.2 Keshavrao, accused No.9 Baban, accused No.10 Marotrao and accused No.4 Kondbarao came there armed with axe and sticks.", "On arrival, they started giving abuses to deceased Vithalappa.", "It is the prosecution case that the accused No.8 Goprao gave three blows of axe on the head of deceased Vithalappa.", "The accused No.9 Baban had also given a blow with sticks on the back of deceased::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -6- Vithalappa.", "The other accused persons, as referred above, started beating the others.", "Deceased Vithalappa fell down on receiving those axe blows.", "Thereafter, the police jeep reached there.", "The accused persons fled away from the spot leaving the axe and sticks on the spot itself.", "P.W.2 Suresh and other persons took injured to the Civil Hospital at Hingoli in a private jeep.", "Deceased Vithalappa was declared dead on arrival.", "On the basis of complaint lodged by P.W.2 Suresh, crime No. 11 of 2007 came to be registered with Basamba police station for the offences punishable under Sections 147, 148, 149, 302 and 447 of I.P.C.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "c) P.W.16 Police Inspector Ramkrishna Chate has carried out the investigation of the crime.", "P.W. 2 Suresh Torkad, who happened to be nephew of deceased Vithalappa is the complainant.", "He has deposed that deceased Vithalappa had purchased the agricultural land::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -16- admeasuring 4 Acres 38 Gunthas some 10 years back of the incident.", "However, dispute started in this respect since Dasara 2006 to the extent of 20 gunthas of land.", "The accused No.1 and others were claiming their right over the 20 Gunthas of land, which according to them encroached upon by deceased Vithalappa.", "They were demanding the part of the said area of 20 gunthas of land.", "On the day of incident, at about 10.00 to 11.00 a.m. deceased Vithalappa alongwith his brothers P.W. 3 Gangadharappa, Babanapam, Gajanan, Santosh Kishanappa, Kundlik Balajiappa and other 7 to 8 persons were present in his field.", "There was standing crop of turmeric, which was ready for harvesting.", "As deposed by P.W.2 Suresh and other eye witnesses, accused Nos.1, 2, 8, 9, 10 and 11 came there.", "They had started telling deceased Vithalappa that they would forcibly take away the turmeric crop and further if they were stopped, they would kill deceased Vithalappa.", "In my considered opinion, the prosecution has proved that on 23.2.2007 at about 10.00 a.m. to 11.00 a.m. in the field of deceased Vithalappa the incident of rioting had taken place.", "The prosecution has also proved that Vithalappa was present in his field and turmeric crop was standing in the field ready for harvesting.", "Date of Reserving the Judgment : 01.07.2019 Date of pronouncing the Judgment : 22.01.2020 JUDGMENT :-", "In Sessions Case No. 15 of 2008 there were 11 accused persons and out of them accused::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -4- Nos. 1, 4, 6, 7, 8, 9, 10 and 11 (total 8 accused) were convicted and accused nos. 2, 3 and 5 came to be acquitted.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "The Division Bench of this court (Coram: A.V. Nirgude and A.I.S. Cheema, JJ.) heard the appeals.", "However, they were divided in opinion.", "The Hon'ble the Chief Justice in exercise of the powers under Section 392 of Cr.P.C. r.w.", "Rule 7 of Chapter I of Bombay High Court, Appellate Side Rules, 1960 has referred the matter to me as a third Judge.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "He had visited the spot, seized the weapons under panchnama, recorded the statements of the witnesses, obtained the postmortem examination notes and finally submitted charge sheet against 11 accused persons.", "Learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 framed charges against the accused persons for the offences punishable under sections 147, 148, 149, 302 r.w. 149, 447 of the I.P.C. and under Section 135 of Bombay Police Act. All the accused persons pleaded not guilty and claimed to be tried.", "The prosecution has examined in all 16 witnesses to substantiate the charges levelled against the accused persons.", "The defence of the accused is of total denial and false implication.", "After completion of prosecution evidence, the statements of the accused persons came to be::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -7- recorded under section 313 of Cr.P.C. After hearing both sides, the learned Additional Sessions Judge, Hingoli by judgment and order dated 15.10.2012 convicted the accused persons as follows:-", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "(A) Accused No. 1-Krishnarao Gangrao Maske, accused No.4 Kondabrao Krushnarao Maske, accused No.6- Santosh Laxman Bangar, accused No.7-Shriram Laxman Bangar, Accused No.8-Goprao Marotrao Maske, accused No.9-Baban @ Uttam Keshavrao Maske, accused No.10 Marotrao Kanbarao Maske and accused No.11- Waman Madhavrao Maske under Section 302 r.w. 149 of I.P.C., Section 447 r.w. 149 of I.P.C. individually and independently for the offence punishable under Section 147, 148 and 149 of I.P.C. respectively.", "(B) The accused Nos. 1 and 4 and 6 to 11 were accordingly sentenced to suffer imprisonment for life and to pay fine of Rs.5000/- each i/d to suffer R.I. for six months under Section 302 r.w. 149 of I.P.C..", "(C) The accused Nos. 1 and 4 and 6 to 11 were also convicted for the offence punishable under Section 447 r.w. 147 of I.P.C. and sentenced to suffer R.I. for six months and to pay fine of Rs.1000/- each i/d to suffer R.I. for one month.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "crapl622.12 -8- (D) The accused Nos. 1 and 4 and 6 to 11 were also convicted for the offence punishable under section 147 of I.P.C. and sentenced to suffer R.I. for three months and to pay fine of Rs.500/- each i/d to suffer R.I. for one month.", "(E) The accused Nos. 1 and 4 and 6 to 11 also convicted for the offence punishable under Sections 148 of I.P.C. and sentenced to suffer R.I. for three months and to pay fine of Rs.500/- each i/d to suffer R.I. for one month.", "(F) The accused Nos. 1 and 4 and 6 to 11 also convicted for the offence punishable under Sections 149 of I.P.C. and sentenced to suffer R.I. for three months and to pay fine of Rs.500/- each i/d to suffer R.I. for one month.", "d) The accused No.2 Keshavrao Dattarao Maske, accused No.3 Nanarao Gangrao Maske and accused No.5 Santosh Nanarao Maske came to be acquitted for the offences punishable under Section 302 r.w. 149, 447, 149 and independently for the offences punishable under Sections 147, 148 and 149 of I.P.C. and under section 37(1) (3) of Bombay Police Act.", "e) The learned Additional Sessions Judge has also directed that the substantive part of sentence passed against the accused persons under all heads shall run concurrently.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "4) Criminal appeal No. 622 of 2012 is filed by accused No.1 Krishnarao Gangrao Maske, accused No.4 Kondbarao Krushnarao Maske and accused No.9 Baban @ Uttam Keshavrao Maske.", "Criminal appeal No. 625 of 2012 is filed by accused No.8 Goprao Marotrao Maske, accused No.10 Marotrao Kanbarao Maske and accused No.11 Waman Madhavrao Maske.", "Criminal appeal No. 633 of 2012 is filed by accused No.6 Santosh Laxman Bangar and accused No.7 Shriram Laxman Bangar.", "The accused No.8 Goprao has filed criminal application No. 5160 of 2013 praying therein that he may be permitted to place on record the copy of F.I.R. No. 12 of 20017 filed by Santosh Laxman Bangar alongwith other documents and it was necessary to exhibit those documents, as the said documents were not brought on record and the trial court should have brought on record the relevant documents.", "The accused No.8 accordingly prayed that said documents be allowed to be brought on record before the trial court and the matter may be remanded to the trial court.", "5) P.W.2 Suresh Torkad nephew of deceased Vithalappa had lodged complaint and P.W.2-Suresh, 4-Annapurnabai, 5-Gajanan, 13-Santosh Gangadharappa Torkad, 14-Santosh Kishanappa Torkad and 15-Raju Torkad are the eye witnesses to the incident.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "6) There were 11 accused persons before the trial court.", "Even the learned A.P.P. before the trial court has declared them hostile to that extent and subjected to cross examination on their failure to name accused persons 3, 5, 6 and 7 as assailants.", "7) So far as the conviction of accused No.8 Goprao Marotrao under Section 302, 149 of I.P.C. and other offences, as detailed in foregoing paras i.e. appellant No.1 in criminal appeal No. 625 of 2012 is concerned, there is no difference of opinion between the Judges of the Division Bench about his conviction and sentence.", "Learned counsel submits that members of an unlawful assembly may have a community of object upto a certain point, beyond which they may differ in their objects, and the knowledge possessed by each member of what is likely to be committed in prosecution of their common object may vary not only according to the information at his command, but also according to the extent to which he shares the community of object and as a consequence of this the effect of Section 149 of the Indian Penal Code may be::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -11- different on different members of the same unlawful assembly.", "Learned counsel submits that in the instant case, the common object of assembly was to take away the turmeric crop in assertion of their right pertains to 20 gunthas of land having been wrongly included in the area of land purchased by deceased Vithalappa.", "Learned counsel submits that initially accused persons went in the field of deceased Vithalappa and gave him threats and after some time, again entered in the field of deceased Vithalappa armed with weapons.", "Accused No.8 Goprao was armed with weapon axe, however, the other accused persons, including the appellants in criminal appeal No. 622 of 2012 were armed with sticks.", "Though there is consistency in the evidence of eyewitnesses that accused No.8 Goprao given blows of axe on the head of deceased Vithalappa.", "So far as accused No.9 (appellant No.3 in criminal appeal No. 622 of 2012) is concerned, he has given blow of stick on the back of deceased Vithalappa causing simple injury.", "It is no doubt that accused No.8 Goprao caused fatal injury to deceased Vithalappa and caused his death.", "However, it is difficult to infer that the other members of the unlawful assembly knew that accused No.8 Goprao likely to cause death of deceased Vithalappa by giving fatal blow on his head.", "Learned counsel submits that had there been any common object to commit murder of deceased Vithalappa, the other members of the assembly would have entered in the field of deceased Vithalappa armed with weapons like axe, as per accused No.8 Goprao and they would have assaulted deceased Vithalappa::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -12- alongwith accused No.8 Goprao.", "Learned counsel submits that as against accused Nos. 1, 4 and 9 the appellants in criminal appeal No. 622 of 2012 at the most the offence of rioting and causing simple injury can be said to have been proved by the prosecution.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Learned counsel for the appellant in criminal appeal No. 622 of 2012, in order to substantiate his submissions, placed reliance on the following judgments:-", "vii) Rambilas Singh and others vs. State of Bihar, reported in (1989) 3 SCC 605::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -13-", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Mr. Kulkarni h/f Mr. R.S. Deshmukh, learned counsel for the appellants in criminal appeal No. 625 of 2012 has adopted the submissions made on behalf of the appellants in criminal appeal No. 622 of 2012 so far as the appellant Nos. 2 and 3 i.e. original accused Nos. 10 and 11 are concerned.", "In so far as the appellant No.1- accused No. 8 Goprao Marotrao Maske is concerned, who has given fatal blows on the head of deceased Vithalappa, learned counsel submits that as per medical evidence, accused No.8 Goprao seems to have given only one blow of axe from its sharp side on the head of deceased Vithalappa and as such, he should not have been held guilty by the trial court for the offence punishable under section 302 of I.P.C.", "Learned A.P.P. submits that mere presence in the unlawful assembly may fasten vicariously criminal liability under Section 149 of I.P.C. The basis of the constructive guilt under::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -14- Section 149 of I.P.C. is mere membership of the unlawful assembly, with requisite common object or knowledge.", "Learned A.P.P. submits that accused persons assembled armed with axe and sticks and entered in the field of deceased Vithalappa.", "Learned A.P.P. submits that their second time entry in the field of deceased Vithalappa clearly demonstrate their common unlawful object to commit murder.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Learned A.P.P. submits that the prosecution has examined six eye witnesses and out of them some of the eye witnesses are injured witnesses.", "Learned A.P.P. submits that the incident is divided into two parts.", "Firstly, the accused entered in the field of Vithalappa and at that time, gave threats to him.", "In consequence of which, P.W.3 Gangadharappa alongwith others went to police station for lodging the complaint.", "However, in the meanwhile, the accused persons returned with determination armed with weapons.", "It is clear from the prosecution evidence that the common object of unlawful assembly formed by the accused persons was to commit murder, if they were obstructed from taking away the turmeric crop from the portion of land on which they assert their right.", "The learned A.P.P. submits that it was not necessary to prove the overt act on the part of each of the accused persons.", "So far as the original accused Nos. 2 and 5 i.e. respondent Nos. 1 and 2 in criminal appeal No. 179 of 2014 is concerned, learned A.P.P.::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "crapl622.12 -15- submits that they were also members of unlawful assembly having common object and as such, they cannot escape from the liability and thus their case cannot be distinguished from the case of other accused persons.", "Though the witnesses have not supported the incident and involvement of accused persons from Bangar group, however, the trial court has rightly convicted the appellants-accused and their conviction needs to be maintained while acquitted accused Nos. 2 and 5 also deserve to be convicted.", "After this, they left the field and went to their house.", "P.W. 3 Gnagadhar alongwith others went to police station for lodging the complaint in respect of the said incident.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Thereafter, the main incident had taken place.", "As deposed by the prosecution witnesses and their evidence is consistent about re- entry of the accused persons in the field armed with weapons.", "Accused No.8 Goprao was armed with weapon axe.", "The other accused persons were armed with sticks.", "P.W.2, 4, 5, 13, 14 and 15, who are the eye witnesses, have consistently deposed that accused::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -17- No.8 Goprao assaulted Vithalappa and delivered 2 to 3 blows of axe on Vithalappa's head.", "Accused No.9 Baban gave stick blows on the back of Vithalappa.", "P.W.13 Santosh Gangadharappa Torkad was assaulted by accused No.11 Waman with stick and P.W. 13 Santosh sustained injury on left leg and left hand.", "P.W.14 Santosh Kishanappa Torkad was assaulted with stick by accused No.1 Krishnarao and he had sustained injury on his right knee.", "P.W.15 Raju Torkad was assaulted by accused No.4 Kondabrao with stick and he had sustained injury on his little finger of his left hand.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "The evidence of prosecution witnesses is also consistent on the point of first entry of the accused persons in the field of deceased Vithalappa and about threats given by them to deceased Vithalappa and others.", "The medical evidence also fully corroborates the prosecution story.", "The prosecution has examined P.W.7 Dr. Vitthal Karpe, who has carried out the postmortem examination and noted 5 external injuries on the person of deceased Vithalappa.", "The said injuries are as follows:-", "i. Incised wound on head, having dimension 12 cm x 2 cms x deep to brain matter, on temporal bone, behind left ear, just above mastoid process, left side.", "Fracture of temporal bone present;", "Contusion of head, on parietal bone, right side 12 cms x 10 cms x deep to brain matter near to sagital sutured medially, at::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -18- posterior end causing depressed fracture of parietal bone forming hole to skull oval in shape, bone fragment emerged in brain matter;", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Contusion on head, on parietal bone posteriorly near sagital sutured on left side 12 cms x 10 cms x deep to brain; iv.", "Contusion on back, left lateral side 12 cms x 10 cms; v. Abrasion over left shoulder at deltoid region two in number,", "having 2ms x 1 cm x deep to skin; 2-having 0.5 cm x 0.5 cm x deep to skin.", "Dr. Karpe has also noted the fracture of temporal bone, left side was present, fracture of parietal bone, right side present.", "In his expert opinion, injury Nos. 1 to 3 shown in column No.17 and the corresponding injury No.1 in column No.19 i.e. incised wound on head are possible by muddemal article No.6 axe and the injury No 4 and 5 are possible with wooden handles as per article 2(2/1 to 2/11).", "He has further explained that external injury as shown in column No.17 alongwith corresponding injury in column No.19 are sufficient to cause death in the ordinary course of nature.", "In his opinion the cause of death is due to hemorrhagic shock, due to multiple fractures on skull, due to severe head injuries.", "In the light of evidence of P.W.7 Dr. Vitthal Karpe, it is clear::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -19- that due to three blows given by P.W.8 Goprao on the head of deceased Vithalappa with the help of axe, the homicidal death of Vithalappa occurred.", "So far as the injury 4 and 5 are concerned, those injures are possible by the blow given by accused No.9 Baban.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "So far as the injuries on the persons of P.W.13 to 15 are concerned, the prosecution has examined P.W. 8 Dr. Ramesh Kute who has deposed that P.W.13 to 15 have sustained injuries on their persons in the form of abrasions, contusions and those injuries are simple in nature.", "Accused Nos. 1, 2, 8, 9, 10 and 11 had gone to the field of deceased Vithalappa and threatened him the consequences if the turmeric crop would be harvested by deceased Vithalappa.", "They had asserted their right to the extent of 20 Gunthas of land alongwith the turmeric crop standing thereon.", "The prosecution has also proved that after giving threats, those accused persons went to their house and came back within a short time, armed with weapons.", "Accused No.8 Goprao had assaulted deceased Vithalappa first and inflicted injuries on his head by giving 2/3 blows of axe on Vithalappa's head.", "The appellants::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -20- accused persons have thus, formed unlawful assembly.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "It further appears from the prosecution evidence that the common object of unlawful assembly was to take away the standing turmeric crop and to deal with the obstruction if made by deceased Vithalappa and others in carrying out the said crop.", "It has also come in the evidence of prosecution witnesses, including the eye witnesses that only appellant-original accused No.8 Goprao was armed with weapon axe.", "However, other appellants-accused were armed with sticks.", "It is also a fact that accused No.8 Goprao and accused No.9 Baban had only assaulted deceased Vithalappa.", "The appellants- accused persons re-entered in the field armed with weapons but except accused No.8 Goprao, the other accused persons re-entered in the field armed with weapon sticks and not with any sharp weapon.", "P.W.2 Suresh, P.W.4 Annapurnabai, who happened to be wife of deceased Vithalappa and P.W.5 Gajanan Torkad, though present on the spot and eye witnesses to the incident, surprisingly they were not assaulted by anybody nor they sustained injuries on their person.", "P.W. 13 to P.W.15 sustained the injuries on their person with following description:-", "(A) P.W.14 Santosh Kishanappa Torkad had sustained abrasion, size 2 cms x 1 cm on right knee.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "sustained one abrasion ½ cm x ½ cm on left hand, dorsal aspect.", "It was simple in nature.", "(C) P.W.15 Raju Torkad had sustained injury i.e. CLW size 1 cm x 1/4th cm x 1/4th cm on terminal phalanx of left little finger, on dorsal aspect and it was simple in nature.", "In the backdrop of this evidence can it be said that other members of unlawful assembly i.e. other accused persons except accused No. 8 Goprao and accused No.9 Baban knew that the murder of deceased Vithalappa was likely to be committed in prosecution of common object? So far as the selection of weapon by other accused persons while re-entering in the field of deceased Vithalappa, causing injuries on the persons of eye witnesses P.W.13 to 15, which are minor and simple injuries and also the fact that only accused No.8 Goprao and accused No.9 Baban assaulted deceased Vithalappa with weapons axe and sticks, respectively, I hesitate to conclude that there was community of common object by each of the accused persons joining assembly to commit murder of deceased Vithalappa.", "There is no evidence about positive knowledge on the part of other accused persons (except accused No.9 Baban) so far as the injuries caused by accused No.8 Goprao on the person of deceased Vithalappa by giving fatal blows on his head with the help::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -22- of axe.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "So far as the criminal application No. 5160 of 2013 filed by accused No.8 Goprao is concerned, learned counsel for the applicant has not made any submission with regard to the said application.", "Furthermore, I do not find anything in the said application to remand the matter to the trial court on its basis alone.", "Criminal application thus deserves any consideration.", "So far as accused Nos. 6 and 7 are concerned, none of the prosecution witnesses, including eye witnesses deposed against them and even they are convicted by the trial court.", "Similarly, I find no evidence against accused No.5 Santosh Nanarao Maske.", "None of the prosecution witness has deposed about his presence on the spot at the time of commission of offence.", "All eye witnesses have given reference to seven accused persons::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -31- entered in the field armed with weapons including accused No.2 Keshavrao.", "The trial court has just ignored the presence accused No.2 Keshavrao at the time of alleged incident and acquitted him.", "The State Appeal is required to be partly allowed to the extent of involvement of accused No.2 Keshavrao in the incident.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "In view of discussion above, seven accused persons have formed themselves into unlawful assembly and had committed rioting.", "The common object of unlawful assembly was to take away turmeric crop forcibly and in that process prepared to deal with the obstruction if made by the victim and his associates.", "They were armed with weapons.", "I have already discussed that the accused No.8 Goprao and accused No.9 Baban are guilty for murder of deceased Vithalappa and as such, no interference is required so far as their conviction recorded by the trial court is concerned.", "So far as the other accused persons are concerned, they are members of unlawful assembly must have known that the grievous hurt would likely to be caused in prosecution of their common object.", "In the instant case, even though no grievous hurt has been caused to the prosecution witnesses, however, considering the common object to the extent as discussed above, I am inclined to convict the appellant accused No.1 Krishnarao, accused No. 4 Kondabrao, accused No. 10 Marotrao, accused No.11 Waman and respondent/accused No.2 Keshavrao under Section 326 r.w. 149 of I.P.C. instead of Section 302 r.w. 149 of I.P.C.. Hence, I proceed to pass the following order:-::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "crapl622.12 -32- ORDER I. Criminal appeal No. 622 of 2012 is hereby partly allowed.", "(a) The conviction and sentence of accused No. 1 Krishnarao Gangarao Maske and accused No.4 Kondbarao Krushnarao Maske for the offence punishable under section 302 r.w. 149 of I.P.C. is hereby quashed and set aside.", "AND INSTEAD OF THAT The accused No. 1 Krishnarao Gangarao Maske and accused No.4 Kondbarao Krushnarao Maske are hereby convicted for the offence punishable under Section 326 r.w. Section 149 of I.P.C. and sentenced to suffer R.I. for six years with fine of Rs.5000/- each i/d to suffer R.I. for six months.", "(b) Rest of the conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed as against the original accused No. 1 Krishnarao Gangarao Maske and accused No.4 Kondbarao Krushnarao Maske.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "(c) Criminal appeal No. 622 of 2012 filed by accused No.9 Baban @ Uttam Keshavrao Maske is hereby dismissed to his extent and the judgment and order of conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed inclusive the order of set off under Section 428 of Cr.P.C.", "(d) All the substantive sentences shall run concurrently.", "(e) The accused Nos. 1 and 4 would be entitled to set off under Section 428 of the Code of Criminal Procedure.", "Criminal appeal No. 625 of 2012 is partly allowed.", "(a) The conviction and sentence of accused No. 10 Marotrao Kanbarao Maske and accused No.11 Waman Madhavrao Maske for the offence punishable under section 302 r.w. 149 of I.P.C. is hereby quashed and set aside.", "AND INSTEAD OF THAT The accused No. 10 Marotrao Kanbarao Maske and accused No.11 Waman Madhavrao Maske are::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -34- hereby convicted for the offence punishable under Section 326 r.w. Section 149 of I.P.C. and sentenced to suffer R.I. for six years with fine of Rs.5000/- each i/d to suffer R.I. for six months.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "(b) Rest of the conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed as against the original accused No. 10 Marotrao Kanbarao Maske and accused No.11 Waman Madhavrao Maske.", "(c) Criminal appeal No. 625 of 2012 filed by accused No.8 Goprao s/o Marotrao Maske is hereby dismissed to his extent and the judgment and order of conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed, inclusive the order of set off under Section 428 of Cr.P.C.", "(d) All the substantive sentences shall run concurrently.", "(e) The accused Nos. 10 and 11 would be entitled to set off under Section 428 of the Code of Criminal::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -35- Procedure.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "Criminal appeal No. 633 of 2012 is allowed.", "(a) The judgment and order of conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 as against the appellants-accused Nos. 6 Santosh s/o Laxman Bangar and the accused No. 7 Shriram s/o Laxman Bangar is hereby quashed and set aside and they are acquitted of the offence of which they were charged.", "Their bail bonds stand cancelled.", "Criminal Appeal No. 179 of 2014 preferred by the State against original accused Nos. 2 and 5 is partly allowed.", "(a) The judgment and order of acquittal dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 as against the accused No.2 Keshavrao Dattarao Maske is quashed and set aside.", "(b) The accused No.2 Keshavrao Dattarao Maske is hereby convicted for the offence punishable under Section 326 r.w. Section 149 of I.P.C. and sentenced to::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -36- suffer R.I. for six years with fine of Rs.5000/- i/d to suffer R.I. for six months.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "(c) The accused No.2 Keshavrao Dattarao Maske is hereby convicted for the offence punishable under Section 447 r.w. Section 149 of I.P.C. and sentenced to suffer R.I. for six months and to pay fine of Rs.1000/- i/d to suffer R.I. for one month.", "(d) The accused No.2 Keshavrao Dattarao Maske is hereby convicted for the offence punishable under Section 148 of I.P.C. and sentenced to suffer R.I. for three months and to pay fine of Rs.500/- i/d to suffer R.I. for one month.", "(e) All the substantive sentences shall run concurrently.", "(f) The accused No. 2 Keshavrao Dattarao Maske would be entitled to set off under Section 428 of the Code of Criminal Procedure.", "(g) The State appeal is dismissed as against original accused No.5 Santosh Nanarao Maske.", "V. The criminal application No. 5160 of 2013 is rejected.", "(V. K. JADHAV, J.) rlj/::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 ::: crapl622.12 -37- CORAM: T.V. NALAWADE & M.G. SEWLIKAR, JJ.", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::", "::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 02:42:14 :::" ]	[ "Section 149 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 326 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 447 in The Indian Penal Code" ]
70440	[ "As many as 10 accused-respondents were sent up for trial for the said homicidal death of Balwantsingh.", "The learned Sessions Judge vide judgment dated 22nd March, 1994 convicted the accused respondents 2 to 11 for offences under Section 148 and 302/149, IPC.", "The respondents were sentenced to undergo imprisonment for life under Section 302/149, IPC and to pay a fine of Rs. 500/- each and in default to further undergo simple imprisonment for 3 months.", "For an offence under Section 148, IPC, all the 10 respondents were awarded one year R.I. All the sentences were, however, directed to run concurrently.", "Aggrieved by their conviction and sentence, the accused-respondents 2 to 11 preferred two appeals in the High Court.", "Five accused joined in each of the two appeals.", "Keeping in view the role played by each one of the accused in the occurrence and the weapon with which the accused were armed, the High Court convicted Indersingh, Manoharslngh, Dhansingh and Ajabsingh for an offence under Section 304, Part 11/149, IPC and sentenced them to undergo imprisonment for the period already undergone by them which by that time was found to be more than 7 years.", "Their sentence of one year R.I. for an offence under Section 148, IPC was maintained.", "Both the sentences were, however, directed to run concurrently.", "Part II read with Section 149, IPC, the High Court sentenced each one of them to undergo imprisonment for two years' RI each for the said offence.", "We have heard learned Counsel for the parties.", "Respondents Nos. 2 to 11 have not filed any appeal, against their conviction and sentence.", "The only issue before us is whether the High Court committed any error in altering the conviction and sentence of respondents 2 to 11 from the one under Section 302/149, IPC, as recorded by the trial Court, to the one under Section 304, Part II read with Section 149, IPC." ]	[ "Section 149 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 302 in The Indian Penal Code" ]
70442436	[ "(J. P. GUPTA)", "Case diary perused.", "This is first bail application under section 439 of Cr.P.C. on behalf of applicant Ratiram Ahirwar for offences punishable under Sections 302, 294 and 34 of the I.P.C., in connection with Crime No.158/2015 registered at Police Station Khajuraho, District Chhattarpur.", "As per the prosecution story, the applicant has committed the murder of deceased Badlua by sharp edged weapon axe.", "Learned counsel for the applicant contends that he has been falsely implicated due to previous enmity with respect to election.", "The applicant is in custody since 16.10.2015 and after investigation Challan has been filed.", "Trial will take time to conclude.", "Co-accused, on whose instigation the offence has been committed, has already been enlarged on bail.", "In such circumstances, prayer is made to enlarge the applicant on bail.", "On the other hand, learned Panel Lawyer opposes the bail application and prayed that the same may be rejected.", "He further stated that there is eyewitness account and the applicant has assaulted the deceased by using a sharp edged weapon axe.", "So far as bail of co-accused is concerned, he did not make any assault on the deceased, therefore, he is enlarged on bail and the case of applicant is totally different from that of co-accused.", "Considering the arguments advanced by learned counsel for the parties and after perusal of case diary, in my considered opinion, this is not a fit case to enlarge the applicant on bail because the nature of offence is serious and apart from it, if the applicant is released on bail there are chances that he will tamper the evidence and influence the witnesses.", "Accordingly, the application is rejected.", "Certified copy as per rules." ]	[ "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 294 in The Indian Penal Code" ]
704532	[ "J U D G M E N TSANTOSH HEGDE, J.", "The two appellants in these appeals were convicted by the Special Judge, Anti-Corruption (Central), U.P., Lucknow for offences punishable under sections 120B IPC, 161, 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act') and sentenced to undergo 2 years' RI under section 161 IPC and section 5(1)(d) read with section 5(2) of the Act, and were further directed to pay a fine of Rs.500 for an offence punishable under sections 120B and 161 IPC and section 5(2) of the Act; in default to undergo further sentence of 6 months' RI.", "In an appeal filed by the appellants, the High Court of Allahabad, Lucknow, while dismissing the said appeals, reduced the sentence to one year RI.", "It is against the said order of the High Court that the two appellants are before us in these two appeals.", "The basic facts necessary for the disposal of these appeals are as follows :", "At the relevant time, Suleman Tayyab A-1 was working as a LDC in 'B' Ward, Circle II, Income Tax Office, Lucknow and also as a Record Keeper.", "S.N. Dixit A-2, the appellant in the connected appeal before us was then working as a Class IV employee in the same office and was assigned the work of a 'Farash'.", "One Surendra Kumar PW-3 who was a partner in the firm M/s. Singhal Paper Products had applied to the ITO concerned to return the copy of the partnership deed filed in the said office since he wanted the same for obtaining a loan from a Bank.", "An application in this regard was moved on 21.5.1980 on which the concerned ITO passed an order on 26.5.1980 to return the said document after retaining a copy on record.", "This order of the ITO was sent to A-1 through A-2 for compliance.", "It is stated that on receiving the said order, A-1 told PW-3 that he was very busy on that day, hence, he will not be available to trace out the document immediately.", "However, PW-3 impressed upon A-1 as to his urgency in getting the document whereupon A-1 allegedly demanded Rs.50 as bribe to return the document on the same day.", "On PW-3 agreeing to pay the said sum of money, A-1 told him that the document in question would be returned to him by about 5.30 p.m. that day at India Coffee House, Hazratganj and that he should pay the amount of Rs.50 when the document is delivered.", "The S.P./CBI/SPE, Lucknow, ordered registration of the case upon which FIR Ex. Ka-9 was registered.", "Said SP/CBI entrusted the case to Inspector R.K. Singh, PW-6, for laying a trap.", "For the purpose of having independent witnesses, the investigating agency wrote a letter to the Central Excise Department to depute two Inspectors to the office of the CBI on the same day.", "The Assistant Collector, Central Excise then directed V.K. Saxena PW-1 and S.L. Banodha PW-2 to attend the CBI office on the same day which they did at about 4.15 p.m. After recording the statement of PW-3, PW-6, the Inspector directed PW-3 the complainant to procure the money which was to be paid as bribe and on receipt of 5 ten-rupee notes the said notes were treated with phenolphthalein powder and PW-3 was instructed to give the said notes to A-1 when he receives the document.", "At about 5.25 p.m. when PW-3 and rest of the party had taken their allotted place in and near the Coffee House, they noticed A-2 coming over to PW-3 and handing over the document to him and obtaining a receipt for the same and immediately thereafter it was noticed that he collected the money also.", "Since at that place a large number of people had gathered they took A-2 and PW-3 along with other witnesses to the nearby fire station and on testing the fingers of A-2 by phenolphthalein test, it was noticed that A-2 had handled the said currency.", "It is based on the said result of the trap and further investigation conducted by the CBI, a chargesheet was filed against the appellants herein and as stated above, the two courts below have found the appellants guilty and convicted them.", "(a) to (c) x x x", "When the ITO directed the return of the document, he was doing an official duty on behalf of the Government.", "The necessary inference therefore should be that A-2 who was also present when the bribe money was demanded definitely knew the money he was collecting was bribe money.", "If A-2 was present when the bribe money was demanded, he definitely knew that it was being asked for delivering the document.", "We notice that the two appellants who were Government servants have since lost their jobs and all retiral benefits and the prolonged litigation has caused considerable loss and suffering.", "Bearing in mind the fact that both the appellants have crossed 60 years of age, we think it appropriate that the sentence of 1 year RI imposed by the High Court should be further reduced to a period of 6 months.", "Therefore, for the reasons recorded hereinabove, we alter the sentence awarded by the High Court for offences punishable under section 120B IPC, 161, 5(1)(d) read with 5(2) of the Act to 6 months' RI.", "We do not think it is necessary to award separate sentences under other provisions of the Act for which they have been sentenced by the trial court.", "The sentence already undergone, if any, will be given set off.", "The appellants are on bail.", "Their bail-bonds shall stand cancelled.", "They shall surrender to their bail-bonds.", "The appeals are partly allowed." ]	[ "Section 161 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 313 in The Indian Penal Code" ]
1258151	[ "District Judge.", "Burdwan which has been started under section 420/407/468/489/120B of the indian Penal Code.", "The facts leading to the filing of the application under section 151 of the Code of Civil Procedure can be briefly staled as follows :", "On 23.7.93, an accident took place in the cold storage of Satima Cold Storage being the plaintiff in the aforesaid money suit.", "On 17.12.93, the second surveyor, Mahala Pademsey sealed the damaged parts of the colct storage which was damaged in the accident and was sealed by the first surveyor.", "On 24.12.93, the damaged parts again were sealed by the second surveyor company and were taken delivery by them to get the.", "same examined in C.M.R.E.. Durgapur.", "The second surveyor wrote a letter on 6th January, 1994 in which it was admitted that the seal and signature of the Satima Cold Storage was intact in the damaged parts of the said cold storage.", "JUDGMENT T. Chatterjee, J.", "This revisional application is directed against an order being Order No. 31 dated 10th September, 1997 passed by the Assistant District Judge.", "By the impugned order, the Asst.", "Burdwan rejected the application filed by the petitioners under section 151 of the Code of Civil Procedure praying for an order of slay of all further proceedings in the aforesaid suit till the disposal of a criminal proceeding being G.R. Case No. 221 of 1994 pending in the court of the City Division Judicial Magistrate.", "On 24th July.", "1993, the petitioners appointed a surveyor who made a report on 25th July, 1993 in which it was stated that the accident was beyond the control of the plaintiff Satima Cold Storage.", "the petitioners appointed another surveyor viz. Mahata Pademsay Surveyor Company.", "On 2.12.93, all documents pertaining to accident were filed with the petitioners by the Satima Cold Storage and on 3.12.93 Saflma Cold Storage filed a claim petition for compensation inter alia for an amount of Rs. 24,25,56.834.28 as compensation on account of deterioration of stock of potatoes and other damages.", "The first surveyor was however, withdrawn on 17lh of January.", "1994 and on 4th of February, 1994, the second surveyor company wrote another letter in which it was alleged that the seal affixed on the damaged parts was the shellac pressed with coin and the signature was made by one Sri Jashmir Singh and not by the Manager partner of the Satima Cold Storage.", "According to the plaintiff, Salima Cold Storage, after entering through the magnitude of the toss suffered by it due to the accident, the surveyor company along with the officials of the defendant-Insurance Company made a conspiracy and changed the damaged parts only to divert the claim of the Satima Cold Storage.", "On the basis of the reasonable suspicion that the seal was broken and damaged parts were charged by the defendants and the surveyor company, the plaintiff Satima Cold Storage had to lodge F.I.R. on 7.2.94 at Burdwan Police Station under section 420/467/468/489/ 120B of the indian Penal Code.", "The said criminal case is pending as G.R. Case No. 221 of 1994 before the learned Sub Divisional Judicial Magistrate, Burdwan.", "the said surveyor company again changed their stand within 5 days by admitting that all the identified tags were duly signed by the Manager Partner of the plaintiff and not by the said Jashmir Singh.", "As per the charge-sheet submitted in the criminal proceeding, the seal embossed of Goddess (Satima) was found intact in the two nos of damaged pipes and the seals in the remaining two nos. of pipes were tampered and changed.", "it is further alleged lhat the criminal proceeding is.", "therefore, a subsequent happening after the claim was made and there is no connection between Ihe civil suit and the criminal proceedings.", "Before we proceed further, we may record here that the plaintiff Satima Cold Storage has filed the present money suit being Money Suit No. 33 of 95 praying for the following reliefs:", "(b) Interest on the above amount at the rate of 21.25% per annum during the pendency of the suit and till recovery;", "(c) Interest on suits:", "(d) Interest on decrees:", "(e) Costs:", "(f) Further relief or reliefs which the Satima Cold Storage may be found entitled against the defendants.", "After filing of the written statement by the defendant No. 1, the following issues were framed.", "1. Has the plaintiff got any cause of action", "Is the suit maintainable in its present form?", "It the suit barred by the principle of estoppel, waiver and acquiescence?", "Is the suit barred by limitation?", "Is the suit bad for non joinder of the necessary parties?", "Has proper court fee been paid?", "Is the certificate issued by the Agricultural Marketing Division authorised by law and whether is competent to issue such certificate?", "Whether the letter of the defendant dated 21.7.93 is sufficient and valid?", "Was the accident dated 23.7.93 beyond the control of the plaintiff?", "Whether any condition between the parties can be changed unilaterally by one of the parties and whether in consequence thereof any act can be done by such parties without notice to the other parties?", "Did the plaintiff practise misrepresentation at any stage of the agreement?", "Are the plaintiff entitled lo the decrees sought for ?", "To what other relief/reliefs the plaintiff is entitled?", "The plaintiff/opposite party filed its written objection to the application for stay.", "By the Impugned order, the Trial Court rcjecled the said application of the petitioners against which the present revisional application has been moved by them.", "I have heard the learned counsel for both the parties.", "I have also carefully perused the order Impugned in this revisional application and other materials on record.", "Therefore, whatever defence that the defendants have in their pocket has already been disclosed by the filing of the written statement.", "Dr. Banerjee however, contended that the written statement had to be filed only because the Trial Court passed an order lhal if the written stalcment was not filed within the time mentioned in that order; the suit shall proceed ex parte.", "The facts appearing from the records, however do not support such contention of Dr. Banerjee.", "From the records.", "it appears that the petitioners prayed for several adjournments for the purpose of filing written statement.", "The High Court of Rajasthan is only an exception to pass such orders.", "Even otherwise, it no longer subsists, since many of them have filed their defence in the civil suit.", "As noted herein earlier, the summons of the petitioners were served on 2.11.95 and it was only on 12.3.97, the petitioners prayed for permission to adopt the written statement of the defendant/company and 3 months thereafter the petitioners filed the application for stay of the civil suit when the suit was filed for pre-emptory hearing.", "Accordingly, the prayer for stay is refused." ]	[ "Section 468 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 467 in The Indian Penal Code" ]
125823274	[ "The prosecution case in nutshell is as under:", "One Gulab Raghunath Patil [PW-2], President of Shivsena Party for Erandol Division, was coming by road to Paldhi from Erandol on 10th July, 1998 at 5.00 p.m. He saw the persons gathered at the left side of the road near Paldhi village on Chandsar Road.", "On verification, he found that the dead body of one person was lying by the side of the road, and there were various injuries on different ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 3 parts of the dead body.", "The palm of the dead body was cut, and there were injuries on head, hips etc. and the body was lying in pool of blood.", "He, therefore, went to village Paldhi outpost, and reported the incident to the Police as per the complaint [Exh.23].", "The Police Sub-Inspector, Shivram Deoram Mali [PW-22] was on duty at outpost Paldhi.", "He reduced into writing the complaint lodged by Gulab Raghunath Patil [PW-2] and rushed to the place of incident, which was just 200 meters from S.T. stand.", "The Police Sub Inspector also found the dead body lying in the pool of blood, and therefore, he called two panchas and recorded inquest panchnama [Exh.28] in presence of the panchas.", "He also recorded the panchnama of the place of incident in presence of panchas [Exh.31] and seized simple mud and blood stained mud from the place of incident.", "The Police Sub- Inspector found that, there were blood stains ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 4 from the dead body to some distance, and therefore, he followed the path where the blood stains were found lying.", "He himself and panchas reached to the house of the accused Rajesh Sonwane near Idgah Bardi hutment area.", "The blood stains were found right from the dead body up to the hut, and therefore, the Police Sub Inspector along with panchas entered into the hut, belonging to the accused Rajesh Pitambar Sonawane.", "One suri was found stained with blood, and one weapon having wooden handle lying on the cot in the hut.", "Both these weapons were stained with blood.", "The Police Sub-Inspector seized those weapons in presence of panchas under panchnama.", "He also found some clothes on the cot such as shirts, suit pants, etc. He seized those clothes and sealed those in presence of panchas.", "He also seized the simple mud and blood stained mud.", "A panchnama [Exh.31] in this regard was prepared in ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 5 presence of panchas.", "The Police Sub Inspector Shivram Mali was entrusted with the investigation of Crime bearing No.100/1998, registered on the basis of the complaint lodged by Gulab Raghunath Patil.", "The dead body was sent for postmortem to Civil Hospital, Jalgaon.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "On 11th July, 1998, the Head Constable Shivdas Shankar Saindane [PW-16] produced the clothes of the deceased and they were seized in presence of panchas under panchnama [Exh.33].", "The dead body was handed over to the relatives of the deceased i.e. his father Popatrao Rama Sonwane for funeral after postmortem.", "The Police Sub-Inspector Shivram Mali recorded the statements of Popat Rama Sonwane and 15 other witnesses on that day.", "On the same day, he also arrested the accused Rajesh Pitambar, Arun Piambar and recorded the statement of Taher Subhan Patel [PW-4], who was the alleged eye witness to ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 6 the incident.", "The accused Sunil Pitambar was having injury on his right hand, and therefore, he was got examined through Medical Officer.", "On 13th July, 1998, the shirt of accused Rajesh Pitambar was seized in presence of panchas in consequence of the information given by the accused Rajesh.", "He also received the postmortem notes.", "On ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 8 investigation, it was further found that, the deceased Sanjay Sonwane was doing social work and was active member of Dalit Panthar.", "He used to be with accused Rajesh Pitambar Sonwane.", "It was found by deceased Sanjay that, during election accused Rajesh Sonwane collected money from the people, and did not distribute it among the workers.", "There was dispute on account of this between the deceased Sanjay Sonwane and accused Rajesh Sonwane.", "The accused Sunil Sonwane, brother of accused Rajesh, was serving in the Local Fund Audit Office at Jalgaon as a peon, and he was residing in Room No.9 in the same building in which the deceased Sanjay was residing along with his parents.", "On 16th April, 1998, there was quarrel between mother of the deceased and wife of accused Sunil on account of the tap water.", "There were complaints and counter-complaints in this regard.", "Since then, the accused Rajesh, ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 9 Sunil, Gautam and Pitambar used to abuse Sanjay and others.", "On the same day, accused Gautam had been to Sanjay along with a sickle in his hand to kill him.", "However, there was settlement.", "At that time he threatened Sanjay Sonwane that, he will not be kept alive and no matter as to how much amount he will have to spend for the same.", "It revealed during investigation that, accused Rajesh Sonwane was removed from the post of District Head of Dalit Panthar, Jalgaon, at the time of Lok Sabha Elections in the year 1998, and deceased Sanjay Sonwane was appointed on the said post in place of accused Rajesh Sonwane, by the President of the Dalit Panthar Party, Shri Namdeo Dhasal.", "Reddish colour.", "Superficial linear abrasions total 6 [six], measuring various lengths from 4\" to 6\".", "Colour reddish.", "All these injuries were ante mortem.", "He has also noticed:", "Traumatic amputation of both radius and ulna near lower end [right].", "Traumatic amputation of ulna [left] lower end.", "Popat Sonwane [PW-1] further stated that, on 10th July, 1998, his son had been to RTO office for license.", "He came back home at 1.30 p.m. and again he went back to the office at 2.00 p.m. Popat Sonwane [PW-1] came from the office at 6.00 p.m. However, Sanjay did not come as usual by 7.00 p.m. and then the Police came at about 11.30 to 12.00 p.m. in his house, and told him that, Sanjay was ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 25 murdered at Paldhi and the dead body was brought to the Civil Hospital.", "It appears that, so far main incident is concerned, as submitted by learned APP, there are two main witnesses namely Taher Subhan Patel [PW-4] and Arun Tarachand Nannaware [PW-11], who alleged to have seen the incident.", "Taher Patel [PW-4] in his deposition stated that, two years preceding the date of incident, he was serving in the liquor shop of one Narayan Seth at Paldhi.", "The said shop is at a distance of 25 feet on Chandsar Road.", "The said shop opens at 9.00 a.m. and closes at 9.00 p.m. On 10th July, 1998, he was on duty in the shop.", "At about 4.30 p.m. he came out of the shop for urinal and noticed that, one boy running from Idgaon Nagar area.", "Taher [PW-4] stated that, the distance between liquor shop to bus stand is approximately 150 feet.", "He saw four persons running after said boy.", "One person came from Chandsar road on bicycle.", "The four persons following that boy caught hold him near canal [chari].", "They caught hold his collar and fell him down.", "According to this witness, two assailants were holding knives [suri]; one was holding vastara i.e. an instrument used for the purpose of cutting hair, and remaining two were holding gupti and sickle.", "One person came on bicycle.", "He left the bicycle and caught hold the said boy.", "He was holding sickle.", "Accused Pitambar was riding cycle.", "According to this witness, number of persons gathered at the spot, and the accused were threatening them that, they ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 28 would kill them if they report the incident to the Police.", "The accused persons ran along with weapons.", "According to this witness, he told the accused that, he will give statement to the Police as the incident had happened near their liquor shop.", "He went after them at a distance of 150 feet, and then, he went to the shop.", "Appeal.odt 29 customers or Amrya or Anna.", "The shop is facing towards highway.", "The place where the boy was lying is at the distance of about 25 feet from said shop.", "The boy was crying loudly.", "Reserved on : 08.06.2017 Pronounced on : 22.06.2017 JUDGMENT: (Per S.S.Shinde, J.):", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Appeal.odt 7 17th July, 1998, one suri was also seized in consequence of the information given by accused Gautam Pitambar Sonwane under memorandum and panchnama Exh.60 and 61 in presence of panchas.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "During investigation, the Police Sub Inspector Shivram Mali found that, the deceased was one Sanjay Popat Sonwane, resident of Jalgaon, as some R.T.O. papers and photographs and other papers were found in the pocket of deceased.", "During ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "The Investigating Officer during the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 10 course of investigation came to know that, on 10th July, 1998, the deceased Sanjay Sonwane left the house at about 9.00 a.m. so as to go to office of RTO as he wanted to obtain driving license for plying an auto-rickshaw.", "He came back home at 1.30 p.m., and again went to RTO office on bicycle.", "The deceased Sanjay, however, did not come back to house till late hours in the night, and thereafter the police reached to the house of Popat Rama i.e. father of Sanjay, at about 12.00 p.m. and informed him that, Sanjay is murdered at Paldhi, and that his dead body is brought to Civil Hospital, Jalgaon.", "From the statement of witnesses recorded by the Investigating Officer Shri Shivram Mali, it was revealed that on 10th July, 1998, some of the witnesses found deceased Sanjay running away from the house of accused Rajesh in an injured condition, and his right wrist was as good as detached from the upper portion of the hand, ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 11 and he was found running towards Chandsar road.", "The accused persons were following Sanjay along with weapons in their hands like sickle, gupti, razor, etc. The accused Pitambar Sonwane was following Sanjay on bicycle, and he followed him up to Chandsar road nearby a liquor shop.", "On the Chandsar road near liquor shop by the side of the road on left side, the accused persons assaulted Sanjay with weapons in their hands and Sanjay succumbed to the injuries sustained by him.", "All the accused persons therefore intentionally and knowingly caused the death of Sanjay Popat Sonwane, and also caused grievous hurt to him with the instruments like sickle, gupti, razor, etc. It is alleged that, on account of political enmity as well as the other enmity already described, the accused persons killed Sanjay Popat Sonwane in furtherance of their common intention.", "As already stated, after due investigation a ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "The trial Court framed charge for the offence punishable under Sections 302 r/w.120B, 302 r/w.34, 326 r/w.120B and 326 r/w.34 of the Indian Penal Code.", "After full- fledged trial, the trial Court acquitted all the accused, hence this Appeal filed by the State.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "6. Heard the learned APP appearing for the appellant - State.", "He submits that, there is direct evidence in the nature of eye witnesses.", "The evidence of the eye witnesses corroborates with each other.", "There is also corroboration from the medical evidence as well as C.A. report.", "He invites our attention to the entire evidence brought on record by the prosecution and submits that, the manner in which Sanjay was assaulted, and due to severe assault by deadly weapon, Sanjay ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 13 [deceased] lost his life.", "Therefore, he submits that, the view taken by the trial Court was not possible and in the light of the evidence available on record the order of acquittal deserves to be quashed and set aside and accused deserve to be convicted for the commission of serious offences as alleged against them.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "On the other hand, learned counsel appearing for the respondents-accused invites our attention to the findings recorded by the trial Court and submits that, possible view has been taken by the trial Court.", "Upon appreciation of the evidence of the witnesses, the trial Court found that their evidence suffers from omissions, contradictions and improvements.", "If the prosecution claims that, the respondents- accused chased Sanjay [deceased], in that case the Investigating Officer ought to have recorded the statements of the eye witnesses ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 14 immediately.", "There is considerable delay in recording the statements of the eye witnesses, and the same creates doubt about the prosecution claim that, respondents- accused participated in the commission of alleged offences and as a result Sanjay died.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Learned counsel further submits that, Sanjay [deceased] was involved in more than one serious criminal offences, and the criminal cases were pending against him for outraging modesty of woman and also for the offence punishable under Section 302 of the Indian Penal Code, and therefore, the involvement of other persons in the commission of alleged offence cannot be ruled out.", "He submits that, though the blood of the accused and also deceased was sent to the C.A.; their blood group is not determined.", "Though prosecution claims that, C.A. found blood of same blood group on the clothes of the accused as well as deceased, in absence ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 15 of determination of blood group of deceased and accused the C.A. report received by the Investigating Officer in respect of having blood stains of same group on clothes of accused as well as deceased is of no avail to the prosecution.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "We have given careful consideration to the submissions of learned APP appearing for the appellant-State, and learned counsel appearing for the respondents- accused.", "With their able assistance, perused the entire evidence so as to find out whether the view taken by the trial Court is plausible, and the findings of acquittal recorded by the trial Court are in consonance with the evidence brought on record or otherwise.", "It appears that, the prosecution examined as many as 22 witnesses.", "There are details about name of said witnesses etc., ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 16 and the same is extensively discussed by the trial Court, and therefore, it is not necessary to repeat/reproduce their names, suffice it to say that, as and when it is necessary the reference will be made to them.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "In order to find out whether the death was homicidal, suicidal or accidental, the prosecution examined Dr.", "Jayantilal Ramnarayan Jaju as PW-5, who carried out the postmortem on the body of deceased Sanjay and found following external injuries on his person:", "Traumatic amputation of both radius and ulna near wrist joint [right].", "Only small flab of skin is attached.", "Skin edges are slightly bruised and reddish in colour.", "Incised wound 2\" x 1\" x muscle deep, spindle shaped, with clean cut skin edges on right deltoid region, horizontal in direction, posterior end is deeper than anterior end, colour red.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Traumatic amputation of right index finger at base and of right middle finger in the middle of the proximal phalanx.", "Skin edges are clean and reddish.", "Irregular shaped flaps of skin with cutting of deep structures and ulna [left] near wrist joint [left] skin edges are bruised and reddish.", "Incised wound 4\" x 2\" bone deep on left forearm anteriorly, in the mid region, horizontal in direction, middle part of wound is deeper than both ends.", "Skin edges are slightly bruised and reddish.", "Incised wound 2\" x 1\" x muscle deep horizontal, middle part of left fore arm, posteriorly edges clean cut and red.", "Incised wound 1\" x ½ x bone deep near t0 injury No.6 colour red.", "Penetrating wound 1\" x 1/2\" x 2\"", "deep on 2nd intercostal space 2 ½\" above left nipple.", "Edges clean cut and red.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Penetrating wound 1\" x 1/2\" x 2\"", "deep on left 6th intercostal space 1\" below and medial to left nipple, edges clean cut and red.", "Penetrating wound 1\" x 1/2\" x 2\"", "deep on left 8th intercostal space on anterior axillary line clean cut edges and red in colour.", "Incised wound 5\" x 1\" x bone deep horizontal on left temporo-frontal region.", "The wound is deeper in middle part.", "Edges are slightly bruised colour red.", "Incised wound 5\" x 1\" x bone deep oblique extending from left mastoid process to lower part of left occipital region.", "The wound is deeper in the middle region.", "Edges are slightly bruised and red.", "Incised wound 1\" x 1/4\" x cutting pinna of left ear.", "Edges slightly bruised and red.", "Incised wound 2\" x 1\" x 1\" on lateral aspect of left foot, near ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 19 heel.", "Edges clean cut and red vertical in direction.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Multiple stab wounds 1\" x 1/2\" x muscle deep, 3 [three] on right buttock and 6 [six] on left buttock.", "Both edges of wounds are clean cut and are eliptical in shape.", "Blood clots present.", "Fracture of parietal bone [left] with brain matter seen.", "In addition to this, the following internal injuries were seen:", "1. mastoid process [left] lacerated, ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 20 blood clots around both injuries of the scalp of red colour were seen.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "2. laceration 2\" in length of left parital lobe, with red blood clots and destruction of manages.", "Punctured wound opposite injury No. 8, 9 and 10 as described in colo No. 17 on left chest.", "Punctured in pleura, left lung pale.", "Collapsed and punctured at upper end.", "Paricardium punctured anteriorly at the apex", "Heart was empty punctured wound 3/4\"", "in length at apex anteriorly up to left ventricle.", "7. ruptured of diaphran of abdomen and peritonium left side, oblique to injury No.10 as described above.", "The afore-mentioned injuries are stated to be ante-mortem in nature by Dr.", "Jayantilal Jaju [PW-5] and opinion ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 21 expressed that, Sanjay died on account of shock and hemorrhage due to the injuries.", "Jayantilal Jaju [PW-5] noticed 16 external and 7 internal injuries, which are already described in detail herein before.", "The prosecution proved the postmortem report through Dr.", "Jayantilal Jaju [PW-5].", "The defence disputed time of death of Sanjay and not the findings recorded by PW-5 that, Sanjay died homicidal death.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Jayantilal Jaju [PW-5] stated that, Sanjay died on account of shock and hemorrhage due to injuries mentioned in column nos.17, 18, 19 and 20, and accordingly, he prepared postmortem notes.", "He stated that, the deceased might have died not less than 12 hours prior to postmortem, and the injuries may be possible by weapons like Articles 7, 8, 14, 15 and 16 shown to him.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Appeal.odt 22 During his cross examination, he fairly conceded that, he has not given any opinion about the exact time of death before postmortem.", "The rigor mortis was seen completely developed on the body, and therefore, the death must be prior to 6 to 12 hours.", "He stated that, the injuries might have been caused within 12 to 24 hours.", "The deceased might have been died within 2-3 minutes after receiving injuries.", "However, he cannot state whether all the injuries sustained were inflicted at one and the same time.", "He has also stated that, the dead body was cold at the time of inquest.", "However, he did not mention about the said fact in the postmortem notes.", "In the medical jurisprudence, the cold means the just like or below room temperature i.e. below 97.3 degree Fahrenheit.", "The suggestion was given to him that, it will take at least 20 to 24 hours to become a body cold i.e. up to the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 23 room temperature, however, he denied the said suggestion.", "However, he stated that, it requires around 24 hours.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Two things are clear from his evidence, firstly he did not tell the exact time of death, and secondly, he could not tell whether all the injuries sustained were inflicted at one and the same time.", "He is father of deceased.", "He stated that, Sanjay was in politics since two years and worked with accused Rajesh Sonwane.", "Accused Rajesh Sonwane was posing himself as the President of Uttar Maharashtra Dalit Panthar.", "Popat [PW-1] further stated that, accused Rajesh is the son of his real uncle.", "Accused Rajesh used to come to his house.", "Accused Rajesh resided with his son for about two years at Jalgaon.", "He further stated inter se relationship between the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 24 accused amongst each other.", "He further stated that, accused Rajesh used to collect money for the election purpose by cheating the people.", "Accused Rajesh was dismissed from the post of President, and in his place Sanjay was appointed as President, and therefore, the quarrel used to take place between accused Rajesh and Sanjay.", "Popat Sonwane [PW-1] has also stated details about enmity developed between Sanjay [deceased] and accused Rajesh after appointment of Sanjay as President of Uttar Maharashtra Dalit Panthar.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Then he went to the Civil Hospital and noticed injuries all over the body of the Sanjay.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "During his cross examination, he stated that, due to appointment of Sanjay as President of Dalit Panthar for Uttar Maharashtra in place of accused Rajesh, he had grudge in his mind.", "However, Popat [PW-1] did not file any complaint or suit against Rajesh Sonwane prior to the alleged incident.", "He has denied other suggestions given by the defence counsel.", "It appears that, the prosecution examined Popat [PW-1] so as to prove the motive.", "However, it appears from his evidence that, the allegations are general in nature.", "When the prosecution ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 26 examined eye witnesses, the motive looses its importance.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "He was running towards bus stand.", "Taher [PW-4] ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 27 noticed the injuries on his hand.", "The accused did not say anything to him and ran away.", "The prosecution claims that, this witness identified the assailants and also weapons in the Court.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "During his cross examination by the defence counsel, he stated that, he went after accused persons to tell them that, he will state the incident to the Police.", "One Amrya and one Anna, the servants, were in the shop when he went in the shop.", "He was there till 9.00 p.m. Anna closed the shop as usual.", "Number of customers had been to the shop on that day.", "He did not tell the incident to any of the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "He did not see Anna or Amrya coming out to the shop to see the incident.", "The entire incident was continued for half an hour.", "No police man came on the spot during incident.", "One of the boy went at the police station and also one Zilla Parishad Member Gulabrao Patil went to the Police Station and lodged the report.", "Thereafter, the Police arrived at the scene of offence.", "There was crowd on the spot.", "He was present at the spot for about 20 minutes and then he came in the shop.", "The incident was continued for about 10 minutes even after he went back to the shop.", "He saw the assailants running away from his shop.", "At the cost of repetition, he stated that, he went on his own to tell the accused that, he is going to depose against them.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Appeal.odt 30 He stated that, he does not know full name of any of the accused persons.", "Then he says that, he knows their full names.", "He saw the incident from the distance of about 10 feet.", "He claimed that, he identified all the accused and also identified the weapons in their hands at the time of commission of an offence.", "It appears that, though the alleged incident had taken place on 10th July, 1998, he went to the Police Station on 12th July, 1998, at the evening time, to give the statement.", "He stated that, till that time he did not state the incident to anybody.", "He admits that, the police asked him as to where he was for two days from the date of incident.", "He did not tell his owner or to Amrya and Anna that, he went to give statement before the Police.", "At the cost of repetition, again he stated that, he told the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 31 accused that, he is going to report against them.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "If the deposition of this witness is considered in its entirety, it does not inspire confidence.", "If this witness had courage to tell the accused that, he is going to depose against them, in that case his conduct not to tell about the incident to Amrya or Anna or any other person or the owner of the liquor shop, though after the said incident, he was serving in the liquor shop till 9.00 p.m. and giving statement to the Police after two days of incident creates serious doubt about his claim that he actually witnessed the incident.", "His conduct appears to be unnatural inasmuch as till he went to the Police station and gave statement on 12th July, 1998, he did not tell anything about the incident, either to his other colleagues; who were working with him or the hotel owner or any other person for two days, when he noticed such ghastly incident.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "The prosecution claims that, he witnessed the incident.", "In his evidence before the Court he stated that, he resides in the area known as 'Idganboradi in Paldhi.", "The same is towards Chandsar road.", "On 10th July, 1998, he came back from the field work at 2.00 p.m. It was a Friday and there was weekly Bazar of Paldhi.", "At about 4.00 to 4.30 p.m. he started going towards the place of bazar from his house.", "When he was proceeding, he found one person coming out from the house of the accused Raju Sonwane.", "His hand from the wrist was cut.", "It was not separated but it was bleeding.", "The said person ran towards bus stand.", "Four persons from the house of accused Raju Sonwane came out and ran after that person.", "Accused Pitambar Sonwane came out from the house of accused Raju Sonwane and followed ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 34 him on bicycle.", "Accused Rajesh was holding a suri.", "He further stated about weapons held by each of the accused in their hands, and accused were saying that, they will not leave said injured person.", "He went back to his home thinking that, he should not interfere.", "He further stated that, after waiting for about 15 minutes, he again came out from the house for going to Bazar.", "When he was proceeding to the place of Bazar, he found all the five accused coming towards the house of Raju.", "They were holding blood stained weapons.", "Their clothes were also stained with blood.", "They were saying that, if anybody tells the Police, they will cut that person in similar fashion.", "Thereafter, this witness went towards the place of Bazar and found the same person, who ran away from the house of Rajesh lying dead near the water channel [chari] adjacent to the highway.", "He was not knowing the said person at that time.", "He identified ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 35 the accused persons sitting in the Court room and identified the weapons, which were in their hands.", "He stated that, he was out of station due to fear for four days from the date of incident.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "During his cross examination, he stated that, he is not aware about the name of deceased.", "He did not tell the Police name of the deceased.", "Santosh Eknath Salunkhe is distantly related to him.", "The suggestion was given to him that, there are four lanes in between his house and that of Rajesh Sonwane.", "However, he denied suggestion and stated that, there is only one lane in between their houses.", "He further stated that, there is a road from his house, which directly goes to the bus stand.", "It is not necessary to go to the bus stand by ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 36 crossing the house of Rajesh.", "Rajesh owns one tin house and one hut.", "Both houses are adjacent to each other.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "He further stated that, he does not know whether Sanjay came out of the hut or tin shed.", "He saw him near the gate of the house.", "He saw him from the distance about 30-40 feet.", "The number of persons were on the road at that time.", "However, nobody obstructed accused.", "It appears that, he was confronted with his statement portion marked 'A' and 'B'.", "However, he stated that, the said portion was not stated by him to the Investigating Officer.", "He did not tell Investigating Officer that, all the five persons were saying not to leave Sanjay.", "He saw the accused person coming back at 4.30 p.m. He might have been at a distance of 500 feet from his house.", "He did not tell his wife that, he was going out of town after such incident.", "He admitted that, he went to the ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 37 police Station on 15th July, 1998 and gave his statement.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Admittedly, he gave statement before the Police after 5 days of the incident.", "Though he claims that, there is only one lane in between his house and the house of the accused.", "However, the defence has shown that, there are more than one lanes between the house of PW-11 and the house of accused persons.", "It has come in the evidence of PW-4 and PW-11 that, the number of persons were on the road; it is a day of weekly Bazar.", "However, none of the persons, who saw such incident, has promptly given statement to the police.", "We have also considered the report received from the Chemical Analyzer.", "Admittedly, the blood group of the accused and the deceased was not determined.", "In absence of determination of blood group of ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 38 accused and the deceased, the report received from the C.A. looses its importance.", "Be that as it may, the said report can be considered as corroborative piece of evidence.", "However, since the evidence of PW-4 and PW-11 itself is not trustworthy, the report received from the C.A. is of no use to the prosecution.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "The trial Court, upon scrutiny and appreciation of the entire evidence brought on record, reached to the conclusion that, the evidence of alleged eye witnesses i.e. Taher [PW-4] and Arun [PW-11] is not trustworthy and does not inspire confidence.", "As per the prosecution case, though there were number of persons gathered at the spot of incident, and the dead body was lying by the side of the highway, and also it was a day of weekly bazar, none of the persons gave prompt statement to the Police or supported the prosecution case.", "A mere allegation of enmity is not sufficient to prove the guilt.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Appeal.odt 39 The Medical Officer [PW-5] admitted in his cross examination that, he did not tell the exact time of death.", "There was delay in giving statement to the police by Taher [PW-4] and Arun [PW-11].", "There is no corroboration to their evidence.", "The recovery of weapon is made after lapse of considerable time from the place which is open and accessible to all, and therefore, the said looses its significance.", "It is further observed by the trial Court that, the dead body alleged to have been shown cool just within half an hour of death, and as per the medical jurisprudence, it seems to be impossibility.", "The pieces of chapati were found in the stomach of the deceased from which it can be safely stated that, the deceased might have been died within two hours after the last meals.", "For sake of arguments, the hearsay evidence of Popat [PW-1] is accepted that the deceased took ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "The prosecution has not brought on record the evidence to show that as to how the deceased reached at Paldhi from RTO office, Jalgaon.", "If it is accepted that he was coming out of the house of the accused at 5.00 p.m. in that case there are no circumstances / evidence brought on record by the prosecution as to what happened in between 2.00 p.m. to 5.00 p.m., since Sanjay was at Jalgaon in RTO at 2.00 p.m. as per the prosecution case.", "On the whole the evidence of prosecution witnesses cannot be safely accepted.", "The possibility that the deceased might have died in between 3.00 to 3.30 p.m. somewhere else and his dead ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 41 body might have been brought and left by the side of the high way, also cannot be ruled out.", "The accused have their immovable properties at Paldhi, and therefore, the villagers knew the accused, in such circumstances, it is highly improbable that, nobody will come forward to disclose the truth.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "The trial Court has also made reference to the suggestion given by the defence about pendency of criminal cases against deceased Sanjay.", "The trial Court has also reached to the conclusion that, there is considerable distance between the place where the dead body was found and the house of the accused.", "The trial Court has also made reference to the evidence of Investigating Officer wherein he has stated that, he interrogated the servants of the liquor shop immediately after the incident but nobody disclosed him the incident.", "It has come in ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 42 the evidence that, the house of the accused is surrounded by hutment and there were number of persons, who witnessed the incident of actual murder as well as alleged incident that had taken place near the house of the accused Rajesh.", "However, none of the person is coming forward to give the statement to the police.", "The alleged place of incident where the incident had taken place is just 200 meters from the bus stand and it is near highway and there is also one school and a footpath by the side of the place of incident and on that day there was weekly bazar.", "It is impossible that, none of the persons, who witnessed such alleged incident, has not given statement to the police.", "On the whole the trial Court found that, the evidence brought on record by the prosecution does not inspire confidence and it is not safe to convict the accused.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "Upon independent scrutiny and re-::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "322.1999 Cri.", "Appeal.odt 43 appreciation of the evidence, and in particular the evidence of eye witnesses, medical evidence and also other evidence, we are of the considered view that, the findings recorded by the trial Court are not perverse and the view taken is plausible.", "The Supreme Court in the case of Muralidhar alias Gidda and another Vs.", "The approach of the appellate Court in the appeal against acquittal has been dealt with by this Court in Tulsiram Kanu Vs.", "State, AIR 1954 SC 1, Madan Mohan Singh Vs.", "State of U.P., AIR 1954 SC 637, Atley Vs.", "State of U.P., AIR 1955 SC 807, Aher Raja Khima Vs.", "State of Saurashtra, AIR 1956 SC 217, Balbir Singh Vs.", "State of Punjab, AIR 1957 SC 216, M.G.Agarwal Vs.", "State of Maharashtra, AIR 1963 SC 200,", "1. 2014 [4] Mh.L.J.[Cri.] 353::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 44 Noor Khan Vs.", "State of Rajasthan, AIR 1964 SC 286, Khedu Mohton Vs.", "State of Bihar, [1970] 2 SCC 450, Shivaji Sahabrao Bobade Vs.", "State of Maharashtra, [1973] 2 SCC 793, Lekha Yadav Vs.", "State of Bihar, [1973] 2 SCC 424, Khem Karan Vs.", "State of U.P., [1974] 4 SCC 603, Bishan Singh Vs.", "State of Punjab, [1974] 3 SCC 288, Umedbhai Jadavbhai Vs.", "Sate of Gujarat, [1978] 1 SCC 228, K.Gopal Reddy Vs.", "State of A.P., [1979] 1 SCC 355, Tota Singh Vs.", "State of Punjab, [1987] 2 SCC 529, Ram Kumar Vs.", "State of M.P. [2002] 4 SCC 85, Harijana Thirupala Vs.", "Public Prosecutor, High Court of A.P., [2002] 6 SCC 470, C. Antony Vs. K.G.Raghavan Nair, [2003] 1 SCC 1, State of Karnataka Vs.", "K.Gopalakrishna, ::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 ::: 322.1999 Cri.", "Appeal.odt 45 [2005] 9 SCC 291, State of Goa Vs.", "Sanjay Thakran, [2007] 3 SCC 755 and Chandrappa Vs.", "It is not necessary to deal with these cases individually.", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::", "::: Uploaded on - 22/06/2017 ::: Downloaded on - 23/06/2017 01:01:55 :::" ]	[ "Section 302 in The Indian Penal Code" ]
125852486	[ "It is seen from the record that respondent No. 6-Veer Singh Kushwaha, was granted bail vide order dated 27.11.2019 passed in M.Cr.", "Specific query was made to the State counsel in pursuance to bail application as granted by the Coordinate Bench of this Court vide order dated 27.11.2019 passed in M.Cr.", "C No. 42019/2019, as to whether the respondent No. 6 is cooperating with the investigation or not or any steps being taken regarding cancellation of bail application of respondent No. 6, he has stated that respondent No. 6 is not cooperating in investigation and is absconding for which another case is registered against him.", "He further prays for seven days' time to produce the corpus.", "Considering the status report which is going to be filed today, this Court deems it appropriate to direct the State Counsel to file detailed status report and further directed to produce the corpus, clarifying the query which has been raised today, by the next date of hearing.", "(VISHAL MISHRA) JUDGE (LJ*) LOKENDRA JAIN 2020.02.10 17:36:45 +05'30' 2 WP-2977-2020" ]	[ "Section 363 in The Indian Penal Code", "Section 376(2) in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 366 in The Indian Penal Code" ]
125854	[ "In order to appreciate the rival contentions advanced by the parties and issues involved, it would be necessary to set out brief facts of the case which gave rise to the present criminal appeal.", "Deceased Santokben was married to Parshottambhai Patel of villageJamvadi, Taluka Gondal, District Rajkot.", "After the marriage she gave birthto three children, who were all girls.", "The appellant herein, who is themother-in-law of Santokben, was dissatisfied with Santokben because shewas not able to bear a boy.", "According to prosecution on 29.11.1984 at about7.00 a.m. the deceased with her youngest daughter Minaxi had gone to fetchwater and while she was returning with water pot on her head and carryingMinaxi with the other hand, the appellant came and threw a burning wickmade of rags on the deceased and thereby set fire to the terylene clothes puton by the deceased.", "The deceased brought down her minor daughter whomshe was carrying and managed to reach her house with the burn injuries.", "Dr. MUKUNDAKAM SHARMA, J.", "The present appeal is filed against the judgment and order passed bythe High Court of Gujarat holding that the case of the appellant herein iscovered under Clause (4) of Section 300 of the Indian Penal Code (for short`the IPC') and, consequent thereto convicting her under Section 302 of IPCfor murder of her daughter-in-law -Santokben alias Muktaben andsentencing the appellant to imprisonment for life.", "Earlier the Sessions Court held the appellant guilty for the offence of Section 304, Part II of IPC and convicted and sentenced her for 5 yearsimprisonment and fine of Rs. 3,000/- and in lieu to undergo furtherimprisonment of one year.", "After reaching her house the deceased summoned her daughter Nitawho had gone to attend her school.", "Nita in turn informed witness Babulal 2 Liladhar and the deceased was taken to Gondal Government dispensary atabout 9.35 a.m. At Gondal Government dispensary the deceased wasexamined by Dr. Hareshkumar N. Savaliya, who was a Medical Officer atthe said dispensary and on finding that the deceased has sustained more than60% burns, he advised the persons accompanying her to remove her toRajkot Hospital.", "At about 11.00 a.m. on that day an information wasconveyed by Mr. Ghanshyambhai, who was police constable on duty atGondal hospital, to Umiyashanker Jivram, P.S.O. at Gondal Taluka PoliceStation about the deceased having been admitted in the hospital fortreatment of her burn injuries.", "Mr. Umiyashanker had in turn asked JamadarSultan Siddi at about 11.00 a.m. to go to the dispensary and record thecomplaint.", "Accordingly, Jamadar Sultan Siddi went to the Gondal hospitaland recorded the complaint of the deceased at about 12.45 p.m., which is theFirst Information Report.", "After reducing the complaint/FIR of the deceasedinto writing, he obtained the thumb impression of the deceased thereon(Exhibit 46).", "Meanwhile at about 11.20 a.m. witness D.P. Trivedi, whowas on duty at that time as Deputy Mamlatdar sent a report to ExecutiveMagistrate that the deceased was admitted to hospital with burn injuries andhe should record her dying declaration.", "Accordingly, Mr. D.P. Trivedi,Executive Magistrate had gone to Gondal Hospital and after verifying from 3 Dr. Savaliya that deceased was conscious and in a fit state of mind to makestatement, recorded her dying declaration.", "Thereafter, the deceased wasremoved to Rajkot Government hospital.", "At the instance of Head Constable C.D. Vyas,Dr.", "Tarlikaben H. Shah performed autopsy on the dead body of thedeceased.", "Necessary investigation into the case was made by Mr. L.S.Chavda, P.S.I., of Gondal Taluka, Police Station.", "Mr. Vijay J. Menad, whowas then appointed as probationer P.S.I, assisted Mr. Chavad.", "After conclusion of the investigation, the appellant was charge-sheeted for the offence punishable under section 302 of IPC.", "As the offenceunder Section 302 of IPC was exclusively triable by the Court of Sessions,the case was committed to the Court of learned Additional Sessions Judge,Gondal, District Rajkot, for trial.", "Charges were framed against the appellantunder section 302 of IPC, to which she pleaded not guilty.", "The prosecution examined 20 witnesses and also produceddocumentary evidence such as postmortem report of the deceased, dyingdeclaration of the deceased recorded by Mr. Trivedi, complaint lodged bythe deceased, different panchnamas etc. to prove its case against theappellant.", "After recording of evidence of prosecution witnesses, the learned 4 Judge recorded the statement of the appellant under Section 313 of theCriminal Procedure Code.", "The appellant denied the case of the prosecution,but did not examine any witness in support of her case.", "The trial court held that the prosecution proved that the deceased dieda homicidal death.", "The trial court found the FIR as well as dying declarationreliable and trustworthy.", "The trial court concluded that though it was provedthat the appellant had set the deceased on fire, the medical evidenceestablished that the injuries sustained by the deceased were not sufficient inthe ordinary course of nature to cause her death and, therefore, the appellantcommitted offence punishable under Section 304 Part-II of IPC.Accordingly, by judgment and order dated 15.06.1985, the appellant wassentenced to undergo rigorous imprisonment for five years and to pay a fineof Rs. 3,000/-, in default, rigorous imprisonment for one year.", "Being aggrieved by the Judgment and Order of conviction passed bythe Hon'ble Additional Sessions Judge, Gondal in Case No. 15 of 1985, theState of Gujarat preferred an appeal being Criminal Appeal No. 1198 of1985 under Section 378 of the Criminal Procedure Code before the HighCourt of Gujarat with contention that the intention of the appellant was tocause the death of the deceased as she very well knew that her act of setting 5 fire to the terylene clothes put on by the deceased was so imminentlydangerous that it would, in all probability, cause death of the deceased orsuch bodily injury as was likely to cause death of the deceased and,therefore, the appellant could not have been convicted for a lesser offencepunishable under Section 304 Part-II of IPC but should have been convictedunder Section 302 of IPC.", "The High Court by its judgment and order dated 03.04.2001 held thatthe learned Additional Sessions Judge had misconstrued the provisions ofSection 300 and Part-II of Section 304 of IPC and thereby arrived at a wrongfinding that the case of the appellant was a case within the meaning of Part IISection 304 of IPC.", "The High Court also held that the case of the accusedis covered under Clause (4) of Section 300 of IPC and, therefore, passed anorder of conviction of the appellant under Section 302 IPC for murder of herdaughter-in-law and sentenced her to imprisonment for life.", "However, thefine of Rs. 3,000/- imposed by the Sessions Court was set aside.", "Hence, theappellant filed the present appeal.", "Mr. M.R. Calla, learned senior counsel appearing for the appellantsubmitted that neither Section 302 of IPC nor clause (4) of Section 300 ofIPC is applicable to the case as the appellant had no intention to inflict that 6 particular bodily injury which, in the ordinary course of nature, was notsufficient to cause the death of the deceased.", "He submitted that the HighCourt should not have relied upon the dying declaration as the same was notrecorded according to law nor did it comply with all the requirements so asto be the basis of conviction.", "He further submitted that the deceased did notdie of burn injuries but died due to septicemia, which was not the directresult of the bodily injury received by the deceased.", "The learned counsel for the State, on the other hand, supported theorder of conviction and sentence passed by the High Court.", "He submittedthat the High Court was correct and justified in relying upon the aforesaiddying declaration, which was duly and properly recorded by the ExecutiveMagistrate.", "The allegation is thatthe appellant set her on fire with a burning wick made of rags consequentwhereupon the deceased suffered burn injuries on the whole body andsuccumbed to her injuries on 07.12.1984 during the course of treatment.", "The dying declaration of the deceased, which is produced by Mr. Trivedi,Executive Magistrate, at Exhibit 15 indicates that while deceased wasreturning home after fetching water, the appellant had set her teryleneclothes on fire by means of a burning wick of rags.", "The factum of recordingof the FIR as also the dying declaration is also not disputed.", "As per theJudgment and Order of the Additional Sessions Judge, Gondal, theappellant/accused was taken into custody on 15.6.1985 to undergo thesentence and was released on 07.09.1989 on expiry of the sentence.", "The post-mortem report of the deceased was placed on record duringthe trial and Dr. Tarlikaben, who conducted the post-mortem examinationwas also examined as a witness in the trial.", "The said documentary and oralevidence of the doctor, as adduced, that he also treated the patient andconducted the post-mortem examination made it crystal clear that thedeceased remained under treatment in hospital for 8 days and died after 8days of the incident in question.", "The deceased was admitted in the hospitalwith about 60% burn injuries and during the course of treatment developed 8 septicemia, which was the main cause of death of the deceased.", "It is,therefore, established that during the aforesaid period of 8 days the injuriesaggravated and worsened to the extent that it led to ripening of the injuriesand the deceased died due to poisonous effect of the injuries.", "It is established from the dying declaration of the deceased that shewas living separately from her mother-in-law, the appellant herein, for manyyears and that on the day in question she had a quarrel with the appellant ather house.", "It is also clear from the evidence on record that immediately afterthe quarrel she along with her daughter came to fetch water and when shewas returning, the appellant came and threw a burning tonsil on the clothesof the deceased.", "Since the deceased was wearing a terylene cloth at thatrelevant point of time, it aggravated the fire which caused the burn injuries.", "There is also evidence on record to prove and establish that the action of theappellant to throw the burning tonsil was preceded by a quarrel between thedeceased and the appellant.", "From the aforesaid evidence on record it cannotbe said that the appellant had the intention that such action on her part wouldcause the death or such bodily injury to the deceased, which was sufficientin the ordinary course of nature to cause the death of the deceased.", "Considering the totality of thecircumstances and the fact that the appellant is of 85 years of age and hadundergone the sentence imposed by the trial court under the provisions ofSection 304 Part II of IPC, we set aside the conviction and sentence of theappellant imposed by the High Court of Gujarat and restore the judgmentand order passed by the trial court.", "Since the appellant has alreadyundergone the sentence imposed by the trial court she shall not be re-arrested unless required in connection with any other case.", "Bail bonds shallstand discharged.", "This shall not be the precedent for other cases.", "The appeal is allowed to the aforesaid extent." ]	[ "Section 302 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 300 in The Indian Penal Code" ]
1257548	[ "THE 25TH DAY OF JULY, 1996Present :", "Hon'ble Dr. Justice A.S. Ananad Hon'ble Mr. Justice K.T. ThomasV.K. Jain and M.S. Ganesh, Adv.", "for the appellants.", "Uma NathSingh, Adv.", "for the Respondent J U D G M E N TThe following Judgment of the Court was delivered:DhannaV.", "State of Madhya Pradesh (With Criminal Appeal No. 252 of 1984) J U G M E N TTHOMAS, J.", "A youngman, by name Nanji, was murdered on 23.8.1980,near Government Degree College Dhar.", "The police arraignedfive persons for the said murder and the Sessions Judge,after trial, convicted the first two among them(kannaiyalal-first accused and Maniram- second accused) ofthe offence under Section 302 IPC, and acquitted theremaining three persons.", "State filed an appeal challengingthe acquittal and the convicted persons filed anotherappeal.", "High Court of Madhya Pradesh while confirming theconviction and sentence reversed the order of acquittal of5th accused (Dhannal and convicted him also of the offenceunder Section 302 IPC.", "Sentence of imprisonment for life wasawarded to all the convicts.", "We have before us two appealsby special leave, one jointly filed by Kannaiyalal andManiram and the other separately filed by Dhanna.", "Prosecution set up the following case against fiveaccused.", "Around 3.30 P.M. deceased Nanji, PW-1 Gopilal andPW-5 Narainlal were proceeding on bicycles along Dhar-IndoreRoad.", "Their cestination was Nanji's house at Jetpura.", "Asthey reached near Government Degree College, all the fiveaccused emerged from the roadside and made a blits on Nanji.", "Kannaiyalal and Maniram were armed with Dhariya.", "3rd accusedhad a pistol and 4th and 5th accused (Dhanna) had sickleswith them.", "Deceased tried to escape but was again attackedby the assailants with their cutting weapons.", "PW-1 and PW-5cried for help and thus Nanuram (PW-6) the Peon of theCollege rushed to their rescue.", "But by then Nanji hadsustained a number of serious wounds on his head and he felldown dead at the spot itself.", "Sessions court framed a charge against the accused foroffences under Sections 302 and 148 read with Section 149 ofthe Indian Penal Code.", "The accused denied havingparticipated in the occurrence.", "After trial learned sessionsJudge concluded that prosecution has failed to prove thatthere was an unlawful assembly, but found that Kanhaiyalal(first accused) and Maniram (second accused) have inflictedcut injuries or the deceased with Dhariyas and convictedthem under Section 302 IPC and sentenced them each toimprisonment for life.", "Out of the four eye witnesses examined by theprosecution Jawarilal (PW-4) did not support the case andthe other three witnesses spoke to the prosecution version.", "Learned sessions Judge found the evidence of Nanuram (PW-6)quits acceptable and hence the conviction was based on histestimony.", "Nonetheless the trial judge was not inclined toconvict Dhanna (5th accused) on the strength of the evidenceof Naruram (PW-6).", "Evidence of the other eye witnesses wasfound to be not very reliable.", "High Court on a re-evaluation of the evidences feltthat the trial court to have placed reliance on thetestimony of Gopilal (PW-1) and Narainlal (PW-5) also.", "\"The discrepancies and contradictions are not in regard to the fact that the accused participated in the incident put in regard to the sequence of events and minor and inconsequential details of the occurrence and other collateral facts which do not make their testimony untrustworthy.\"", "Thus relying on the evidence of PW-6 (Naruram) ascorroborated by PW-1 and PW-2 the High Court found Dhannaalso guilty of murder and convicted him and sentenced him asaforesaid.", "Learned counsel for the appellants contended that theHigh Court committed a basic error in seeking the aid ofSection 34 IPC for confirming the conviction of theappellants for the offence under Section 302 IPC.", "So long asthe charge framed against them did not mention Section 34 ofIPC.", "the High Court was not Justified in using the saidprovision for convicting the appellants, according to thelearned counsel.", "The High Court found that there was no unlawfulassembly as the strength of the assembly was insufficient toconstitute it into \"unlawful assembly\".", "But if the courtenters upon a finding that any of the remaining persons whoparticipated in the crime had shareo common intention withthe main perpetrators of the crime, the court is nothelpless in seeking the aid of Section 34 (IPC) to enter aconviction against such persons arraigned as accused.", "Thisis despite the difference between the scops of Section 34and Section 149, yet they have some resemblance between eachother and are to some extent overlapping (Barendra KumarGhosh vs. Emperor, 1925 PC 1).", "The State of Punjab.", "The said sound reasoningshould not have been sidelined by the High Court withoutproviding sufficient and convincing reasons.", "None has beengiven.", "We have scrutinized the evidence and we too aresatisfied that PW-6 Nanuram has, in fact, omitted to mentionanything about Dhanna when PW-6 was questioned by police andhas later on tried to give an improved version." ]	[ "Section 34 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 114 in The Indian Penal Code" ]
125761299	[ "4.Per contra, the learned Government Advocate (Criminal Side) submitted that there are specific allegations as against the petitioners to proceed with the trial.", "Further, he would submit that Section 188 of IPC is a cognizable offence and therefore it is the duty of the police to register a case.", "This quash petition is filed to quash the criminal proceedings in S.T.C.No.1725 of 2019, pending on the file of the learned Judicial Magistrate No.", "Therefore, he sought for quashing the proceeding.", "Therefore, he vehemently opposed the quash petition and prayed for dismissal of the same.", "http://www.judis.nic.in 3/11 Crl.O.P.(MD).No.14032 of 2019", "6.On perusal of the charge, it is seen that the petitioners along with others without getting permission unlawfully assembled and raised slogans against the BJP National Secretary, near Kulithalai Town Gandhi Salai and tried to burn the effigy of the National Secretary.", "Therefore, the respondent police levelled the charges under Sections 143 and 188 of I.P.C. as against the petitioners and others.", "Except the official witnesses, no one has spoken about the occurrence and no one was examined to substantiate the charges against the petitioners.", "O.P.(MD).No.14032 of 2019" ]	[ "Section 188 in The Indian Penal Code", "Section 143 in The Indian Penal Code" ]
1257614	[ "JUDGMENT Poonam Srivastava, J.", "Heard learned counsel for the applicants and learned A.G.A. for the State.", "A copy of the complaint is annexed as Annexure-1 to the affidavit.", "The trial court summoned the applicants for the aforesaid offences.", "An application for discharge was moved on behalf of the applicant No. 1 under Section 245 Cr.P.C. stating therein that he was never married to Kamlawati Devi and it is absolutely false to say that during life time of first wife, he has remarried.", "Nothing was said before the learned Magistrate at the time when the objection was raised against the summoning order." ]	[ "Section 494 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 109 in The Indian Penal Code" ]
125773753	[ "Heard learned counsel for the applicant, learned AGA and perused the record.", "Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.", "The submissions made by learned counsel for the applicant, prima facie, quite appealing and convening for the purpose of bail only.", "Let the applicantYogesh Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-", "(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT.", "IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.", "(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL.", "IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.", "(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC." ]	[ "Section 376 in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
125787651	[ "The petitioner was tried in C.C.No.705/2006, on the file of the Judicial Magistrate No.III, Erode.", "The petitioner was convicted for offence under section 279 IPC IPC and sentenced to undergo 3 months simple imprisonment; he was also convicted under Section 338 IPC and 304-A IPC and sentenced to undergo simple imprisonment for one year.", "Aggrieved by the said order, he preferred an appeal in C.A.No.1/2010, before the Principal Sessions Judge, Erode Division at Erode, who upheld the conviction imposed on the petitioner but modified the sentence of imprisonment to six months simple imprisonment for offence under Section 304-A IPC and dismissed the appeal.", "Challenging the same, the present revision has been filed.", "Inasmuch as two courts have already gone into the facts and given concurrent findings holding the accused guilty, it may not be necessary for me to go into the facts and circumstances of the case again.", "Moreover, this court sitting in revision is called upon to satisfy itself with the correctness, legality and propriety of the orders passed by the courts below, and not to re-appraise the evidence.", "The case of the prosecution in brief is as follows:-", "\"a) On 20.10.2006 at about 9.30 a.m. when P.W.2 and the deceased were walking on the left side of the rode, the accused drove the mini bus bearing reg.no.", "T.N.33-B-1424 in a rash and negligent manner and dashed against P.W.2 and the deceased and caused injuries.", "Both of them were taken to hospital.", "However, the deceased succumbed to the injuries.", "P.W.2 lodged a complaint against the petitioner before Soorampatti Police Station.", "b) A case was registered against the petitioner and tried in C.C.No.705/2006 on the file of Judicial Magistrate No.III, Erode and the petitioner was convicted as aforesaid.\"", "After making some elaborate arguments, the learned counsel for the petitioner confined his arguments with regard to sentence alone.", "The learned Government Advocate (Criminal Side) opposed the prayer of the learned counsel for the petitioner for reduction of sentence.", "On going through the entire materials placed on record, it is seen that the Appellate Court has reduced the sentence to six months.", "The petitioner is the sole breadwinner of the family and therefore, if he is sent to jail, his family would suffer.", "Therefore, while confirming the conviction, the sentence alone is reduced to two months simple imprisonment.", "The period of sentence already served by the petitioner should be set off while computing the two months period.", "The revision is disposed of accordingly.", "Bail bonds shall stand cancelled.", "The court below is directed to secure the custody of the petitioner and make them undergo the remaining part of the sentence.", "8.7.2015 tar B. RAJENDRAN, J.", "1.The Inspector of Police,Erode South Police Station,Erode District", "2.The Judicial Magistrate No.3, Erode", "3.The Public Prosecutor, Madras High Court", "4.The Principal Sessions Judge, Erode Division at Erode.", "R.C.No.857 of 2010 8.7.2015" ]	[ "Section 338 in The Indian Penal Code", "Section 304A in The Indian Penal Code", "Section 279 in The Indian Penal Code" ]
1257907	[ "JUDGMENT1999 (3) SCR 864The Judgment of the Court was delivered by THOMAS, J. Leave granted.", "In July 1-989, respondent retired from Government service as SuperintendingEngineer of the P.W.D. under the government of Kerala.", "About three yearsthereafter he was arraigned along with certain other persons before aSpecial Judge for offence under Section 5(2} of the Prevention ofCorruption Act 1947 (for short `the P.C. Act') and Sections 406,409, 201read with Sections 120-B and 109 of the Indian Penal Code.", "State of Kerala, aggrieved bythe said order of the High Cout, has come up with this appeal by specialleave." ]	[ "Section 409 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 406 in The Indian Penal Code", "Section 109 in The Indian Penal Code" ]
125792178	[ "Marriage of deceased Sarika was performed with accused no.2 Ajay s/o.", "It was a ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 4 apeal552.07.odt settled marriage on the mediation of one Suresh Ahirkar.", "At the time of marriage, accused no.3 Santosh s/o.", "Wamanrao Khanorka caused nuisance at the marriage pendal on some trivial ground.", "There was reception at the house of accused.", "At that time, parents of deceased were insulted.", "Deceased was co-habitating with her husband/accused no.2 Ajay.", "At the time of festival of Watsavitri, father of deceased went to the house of accused.", "At that time, deceased Sarika was appearing to be disappointed.", "Whenever, she used to talk on phone, she appeared to be disappointed.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "For the festival of Akhadi, Sarika was taken to her parent's house by her brother Sarang.", "She was reached to the house of accused after Akhadi.", "Accused were ill-treating the deceased for dowry of Rs.1,00,000/-.", "On 12.9.2005, Sarika died due to burning.", "Accused no.3 Santosh immediately lodged report about burning of deceased.", "Thereafter, her parents reached to the house of accused.", "Father of deceased namely Wasudeo Sakharam Samarth (PW-7) lodged report (Exh.59) in Police Station, Nagbhid, District Chandrapur.", "PSI Rajendra Sukhlal Kohare (PW-13) investigated some part of crime.", "Learned Counsel for the appellants/accused has pointed out the Judgments in the cases of Pratap Singh and another .vs.", "Heard Mr.N.S.Rao, learned A.P.P. for the State.", "He has submitted that deceased was in the custody of accused.", "Deceased died unnatural death within a short period of five months.", "Deceased died due to burns.", "From the perusal of evidence, it is clear that none of the ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 10 apeal552.07.odt witnesses have stated anything against the accused for committing murder of deceased.", "As per the evidence on record, at the time of incident, accused no.2 Ajay was not present.", "He had gone to Amravati.", "Accused no.1 Ramabai Khanorkar - mother-in-law and accused no.3 Santosh Khanorkar - brother-in-law of deceased were present.", "Ranjit Narayan Shendre (PW-10) was also residing in the house of accused.", "He was servant of accused persons.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "As per the evidence of Ranjit Shendre (PW-10), in the night of incident, there was immersion of Lord Ganesh.", "After immersion, in the night at about 00.00 hours, they went to sleep.", "Criminal Appeal No.552 of 2007 is filed by the State against the Judgment of acquittal of respondents/accused for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code.", "Criminal Appeal No.561 of 2007 is filed by the appellants/accused against their conviction for the offence punishable under Sections 304-B and 498-A r/w. 34 of the Indian Penal Code.", "The case of prosecution against the appellants/respondents (accused), in short, is as under :", "On his report, offence punishable under Section 304-B r/w Section 34 of the Indian Penal Code was registered.", "On the ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 5 apeal552.07.odt insistence of complainant Wasudeo, again offence punishable under Section 302 of the Indian Penal Code was added.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "Thereafter, investigation was handed over to API Sheikh.", "Both the Investigating Officers investigated the crime as usual.", "After completing investigation, submitted charge sheet to the Court of Judicial Magistrate, First Class, Nagbhid.", "The Judicial Magistrate, First Class, Nagbhid committed the case to the Court of Sessions at Chandrapur for trial.", "Charge was framed at Exh.32 for the offences punishable under Sections 302, 498-A, 304-B, 201 r/w.", "Section 34 of the Indian Penal Code.", "Prosecution has examined the following witnesses.", "1) Sandeep Bhayyaji Waranasiwar (PW-1) (Exh.40).", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "Learned trial Court recorded statements of witnesses u/s.313 of the Code of Criminal Procedure.", "After hearing prosecution and defence, accused nos. 1 to 3 were convicted for the offence punishable under Section 304-B r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years.", "They are also convicted under Section 498-A r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/-, failing which to undergo simple ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 7 apeal552.07.odt imprisonment for one month.", "The accused nos.1 to 3 are acquitted of the offences punishable under Sections 302 and 201 of the Indian Penal Code.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "The State has filed Criminal Appeal No.552 of 2007 against acquittal of appellants/accused of the offence punishable under Section 302 r/w. 34 of the Indian Penal Code.", "Heard Mr.R.P.Joshi, learned Counsel for the accused.", "He has submitted that there is no evidence against the appellants/accused to convict them for the offences punishable under Sections 302 and 201 of the Indian Penal Code and therefore, they are rightly acquitted by the trial Court.", "Learned Counsel has pointed out evidence of parents of deceased i.e. Wasudeo Sakharam Samarth (PW-7) - father of deceased and Babybai Wasudeorao Samarth (PW-11) - mother of deceased and one Manda Ramesh Deshmukh (PW-9).", "Learned Counsel has pointed out material omissions in their evidence.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "8 apeal552.07.odt Learned Counsel has submitted that there is material omission in respect of demand of dowry.", "Learned Counsel has submitted that prosecution has failed to prove that accused persons were demanding dowry and on that count, they were ill-treating the deceased.", "Learned Counsel has submitted that material ingredients of Section 304-B of the Indian Penal Code are not proved by the prosecution.", "Therefore, appellant/accused are wrongly convicted by the trial Court.", "Learned Counsel has submitted that prosecution has to prove each and every ingredient of Section 304-B and 498-A of the Indian Penal Code, but prosecution has failed to prove that death of deceased was due to demand of dowry.", "State of M.P. reported in (2005) 13 SCC 624 and Bakshish Ram and another .vs.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "At last, the learned Counsel has submitted that there is no evidence to show that the appellants/accused ill-treated the deceased on account of demand of dowry and therefore, the deceased has committed suicide.", "Learned trial Court has wrongly convicted all the appellants for the offences punishable under Section 304-B and 498-A of I.P.C. Hence, the impugned Judgment is liable to be quashed and set aside.", "Father and mother of the deceased and one independent witness Manda (PW-9) have stated about demand of dowry.", "Accused persons have committed murder of deceased.", "Learned trial Court has wrongly acquitted the accused of the offence punishable under Section 302 of the Indian Penal Code.", "Learned A.P.P. has submitted that the appeal filed by the State be allowed and appeal filed by the accused be dismissed.", "Perused the evidence on record and the impugned Judgment.", "He himself, Pallavi Rajendra Rahate (PW-5), accused nos. 1 and 3 were sleeping in drawing room.", "Deceased was sleeping in her bed room.", "In the morning, accused no.3 Santosh was at the pan shop.", "Accused no.1 Ramabai disclosed him that Sarika had left for washing clothes.", "He searched deceased Sarika, but could not find her.", "Accused no.1 Ramabai asked him to search Sarika at the house of Kaushalyabai.", "He went to the house of Kaushalyabai, but he did not find Sarika.", "Thereafter, he noticed smoke from one room of house.", "They tried to open door of the room, but it was closed from inside.", "Thereafter, he along with accused no.1 Ramabai anyhow entered inside the room.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "11 apeal552.07.odt They pulled Godrej almirah in the house and noticed that deceased Sarika was completely burnt.", "He raised alarm.", "He went running towards accused no.3 Santosh.", "Accused no.3 Santosh came running to the house.", "At that time, deceased Sarika was already dead.", "Immediately accused no.3 Santosh informed police by lodging report.", "Evidence of parents of deceased show that they reached to the house of accused when they received information about the incident.", "There is no evidence to show that accused persons have committed murder of deceased.", "As per the evidence of Medical Officer Dr.", "Pramod Bhayyaji Khandate (PW-8), deceased died due to burn injuries.", "As per his evidence, he conducted post mortem on the dead body of Sarika.", "She had sustained 92 % burn injuries.", "Cause of death was due to burns.", "Therefore, it is clear that the deceased died within seven years from the date of marriage.", "Her death was also unnatural.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "Appellants are convicted for the offence punishable under Section 304-B and 498-A of the Indian Penal Code.", "Section 304-B and 498-A of the Indian Penal Code read as under :", "(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] Section 498A in The Indian Penal Code :", "[498A. Husband or relative of husband of a woman subjecting her to cruelty.--", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "13 apeal552.07.odt Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.", "Explanation.--For the purpose of this section, \"cruelty\" means--", "(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or", "(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]", "In order to seek conviction under Section 304-B of the Indian Penal Code against the accused persons for the offence of dowry death, prosecution is obliged to prove that : a) the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage,", "b) the deceased was subjected to cruelty or harassment by her ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 14 apeal552.07.odt husband or any relative of her husband, c) such cruelty or harassment should be for or in connection with the demand of dowry, d) such cruelty or harassment to the deceased should have been subjected soon before her death.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "There is no dispute that the deceased died unnatural death due to burning.", "There is no dispute that the deceased died within a period of five months from the date of marriage.", "Dispute is about only demand of dowry and cruelty on account of demand of dowry.", "Prosecution has not proved all the ingredients of Section 304-B of the Indian Penal Code.", "Prosecution has miserably failed to prove that there was any cruelty by any of the accused persons on account of demand of dowry and therefore, the deceased has committed suicide.", "Thereafter, she came to his house only for one time at the time of Akhadi ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 15 apeal552.07.odt festival.", "He did not state anything about any talk he had with deceased at the time of Akhadi festival.", "He has stated in his evidence that the accused were ill-treating the deceased for demand of Rs.1,00,000/-.", "Except this, he has not stated anything more.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "The evidence of Wasudeo in respect of cruelty by accused on account of demand of dowry of Rs.1,00,000/- is material omission brought in his cross-examination.", "It is proved by the Investigation Officer.", "In his cross-examination, Wasudeo (PW-7) has stated as under :", "\" At the time of settlement of the marriage, none of the accused had made any demand.", "The marriage of accused no.3 Santosh was not settled.", "At the time of marriage, I had given articles to my daughter Sarika as per my wish.\"", "He has further stated in his cross-examination that \"he had also stated to the police that the accused were ill-treating deceased Sarika on account of demand of dowry of Rs. 1 Lakh.", "He ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 16 apeal552.07.odt cannot assign any reason as to why all these are not findings placed in his statement before the police so also report\".", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "Babybai Wasudeorao Samarth (PW-11) - mother of deceased has stated in her evidence that accused were demanding Rs.1,00,000/- and on that count, they were ill-treating the deceased.", "In her cross-examination, she has stated that \" I had also stated to police in my statement as to demand of Rs.1,00,000/- by the accused.", "It is not in my statement.\"", "The evidence of father and mother of deceased in respect of demand of dowry is nothing but omission.", "Therefore, it is clear that they made improvements in their evidence before the Court.", "Evidence of Manda Deshmukh (PW-9) shows that she had gone to the house of accused at the time of Gokul Ashtmi.", "At that time, deceased had told her that her mother-in-law and accused no.2 Ajay/her husband were ill-treating her.", "Accused no.2 Ajay was stating that Sarika had not brought dowry.", "Manda Deshmukh (PW-", "9) has stated in her evidence that after returning to village she called mother of deceased Sarika and asked her to contact Sarika and told her that Sarika is ill-treated by accused.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "It is pertinent to note that the evidence of Manda (PW-", "9) though is supported by mother of deceased Babybai Samarth (PW-", "11) by stating that Manda told her about cruelty by accused on account of demand of dowry, but it is brought on record as a material omission.", "Except evidence of Wasudeo Samarth (PW-7), Manda Deshmukh (PW-9) and Babybai Samarth (PW-11), there is no other evidence by the side of prosecution to show demand of dowry by the accused persons and cruelty on that count.", "The evidence in respect of demand of dowry stated by father and mother of deceased and one Manda is nothing but material improvement.", "Moreover, admission of Wasudeo (PW-7) in his cross-examination shows that the marriage of his daughter with accused no.2 Ajay was settled and at the time of settlement of marriage, none of the accused persons made any demand of dowry.", "This itself shows that there was no any demand of dowry by the accused persons.", "Hence, the material ingredient sof Section 304-B and 498-A of the Indian Penal Code requiring death of deceased due to cruelty on account of demand of dowry is not proved by prosecution.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "Evidence of Ranjit Shendre (PW-10) shows that he was compelled to give statement against the accused persons.", "He was detained in Police Station for about 15 days.", "As per his evidence, the deceased was hot tempered.", "She was always threatening to commit suicide.", "Therefore, possibility of committing suicide by the deceased due to some household problems cannot be ruled out.", "Evidence of Investigating Officer supports the contention of Ranjit Shendre (PW-10) that he was detained in Police Station and was compelled to give statement against the accused.", "The cross- examination of API Anwar Mehboob Sheikh (PW-15) shows that complainant/father of deceased pressurized him to register offence punishable under Section 302 of the Indian Penal Code against the accused.", "A question was asked by the defence side to this witness and he replied.", "The question and the answer is reproduced as under :", "\"Question : Till the recording of statement of Ranjeet Shendre you were not having any evidence relating to offence under S.302 and 201 of I.P.C. ?", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "19 apeal552.07.odt Answer : The witness is taking time to answer and stating repeatedly that papers were kept before me on 20-9-05 and on reading statement of Ranjeet Shendre offence under Section 302 and 201 of I.P.C. came to be added.", "I had recorded the statements of material relatives of the deceased after I had taken up investigation.", "I had recorded the statement of Babybai Samarth.", "There is no contention as to the demand of Rs.1 Lac on telephone. \"", "It was also recorded by PSI Kohare.", "Again statements were recorded on 26.9.2007 by Investigating Officer API Sheikh.", "Statements recorded by API Kohare are not produced on record.", "Therefore, it appears that prosecution has suppressed material fact from the Court. ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "There is no evidence to show that the accused persons committed murder of deceased Sarika.", "There is no evidence to show that death of Sarika was dowry death as defined under Section 304-B and cruelty u/s. 498-A of the Indian Penal Code.", "The material ingredients of Sections 304-B and 498-A of the Indian Penal Code are not proved by prosecution.", "Learned Counsel for the appellants/accused Mr.R.P.Joshi has pointed out the decision in the case of Bakshish Ram and another .vs.", "State of Punjab (cited supra).", "It is held by Hon'ble Supreme Court that \" It is but natural that being the mother of deceased if she had come across any harassment or ill-treatment of her daughter in connection with demands for dowry soon before her daughter's death, she could have explained the same in her evidence.", "She had neither asserted nor narrated any complaint from her daughter about harassment or ill-treatment by the appellants.", "The mother of the deceased has not stated anything in her evidence with regard to harassment or mal-treatment of the deceased by the appellants on the basis of her personal knowledge.............. Hence, the evidence is not helpful insofar as the allegation of harassment and maltreatment in relation to demand of dowry is concerned.", "It is further held that ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 ::: 21 apeal552.07.odt prosecution is obliged to show that soon before occurrence, there was cruelty or harassment in relation to dowry demand and only in that case presumption u/s.113-B of the Evidence Act operate.\"", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:09 :::", "In the present case, father and mother of the deceased have stated regarding demand of Rs.1,00,000/- by accused persons, but those are material omissions proved by the Investigating Officer.", "Therefore, there is no evidence to show that there was any demand of dowry of Rs.1,00,000/-.", "There is no evidence of cruelty.", "Not a single neighbour of accused examined by the prosecution to show cruelty by the accused persons.", "On the other hand, Wasudeo (PW-7), father of deceased has stated in his evidence that it was a settled marriage.", "At the time of settlement of marriage, accused persons did not demand any dowry.", "Therefore, material ingredients of Section 304-B and 498-A of Indian Penal Code are not made out by Prosecution.", "Learned Advocate for the appellant has pointed out decision in the case of Pratap Singh and another .vs.", "State of M.P. (cited supra), wherein the Hon'ble Supreme Court has observed that \"Investigating Officer has failed to file statements of two independent ::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 ::: 22 apeal552.07.odt eye witnesses recorded under Section 161 of the Code of Criminal Procedure along with the charge sheet and also not examined them in the Court, observed that, for such lapses, adverse inference needs to be drawn.", "\" In the present case also, prosecution has suppressed the earlier statement recorded by PSI Kohare.", "Statements are intentionally not produced with the charge sheet and material facts are suppressed from the Court.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 :::", "All the above discussion clearly shows that prosecution has failed to prove the material ingredients of Sections 304-B and 498-A of the Indian Penal Code that deceased Sarika was ill-treated and subjected to cruelty by accused persons on account of demand of dowry.", "There is no evidence by the side of prosecution for the offence punishable under Section 302 of the Indian Penal Code.", "Hence, we proceed to pass the following order.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 :::", "23 apeal552.07.odt // ORDER // Criminal Appeal No.552 of 2007 filed by the State is hereby dismissed.", "Criminal Appeal No.561 of 2007 filed by appellants/accused is hereby allowed.", "Appellants/accused are hereby acquitted of the offences punishable under Sections 304-B and 498-A r/w. 34 of the Indian Penal Code.", "The record and proceedings be sent back to the trial Court.", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 :::", "::: Uploaded on - 04/01/2018 ::: Downloaded on - 04/01/2018 23:33:10 :::" ]	[ "Section 304B in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 201 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
125795346	[ "On 28-7-2017, when his wife went to throw the waste material, the applicant no.1 scolded and abused her and instructed not to dump the waste material.", "After some time, he along with other co-accused persons came and damaged the vehicles parked outside the house causing loss to the tune of Rs. 2 lacs.", "It is submitted that with the passage of time, the parties have compromised their dispute and are now residing peacefully in the locality.", "This Court by order dated 22-8-2017, directed the parties to appear before the Principal Registrar, of this Court for the verification of factum of compromise.", "The Principal Registrar, after recording the statements of the parties, has given the following report :", "After verifying from parties present before me that they have arrived at compromise voluntarily without any fear or force." ]	[ "Section 294 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 308 in The Indian Penal Code" ]
125867177	[ "The appellants, other than Chandrika Singh, are members of a Marwari trading family belonging to Rae Bareli and Chandrika Singh was their employee.", "The relationship amongst Lachhimi Narain and the first four appellants in Crl.", "It is not disputed either that it was at the instance of the Deputy Commissioner that the firm Bhairo Prasad Srinivas agreed to act as sole importers, take delivery of the cloth and distribute it amongst wholesalers.", "They were also required to take delivery subsequently of cloth worth over Rs. 23 lakhs.", "This firm and one other allied firm were also importers and distributors of foodgrains and salt in the district.", "While the appellant Lachhimi Narain has throughout admitted that such a device was resorted to, the other appellants denied any knowledge of the aforesaid device.", "The particulars of the device adopted are these : A partner or an employee of one of the firms booked small consignments of say two or three bags of rape seed, poppy seed or mustard seed from various stations in Rae Bareli and Partapgarh districts to various stations in West Bengal, including the city of Calcutta.", "The person concerned used to execute forwarding notes and obtain railway receipts in respect of such consignments.", "These receipts were prepared by the railway authorities in triplicate, one being given to the consignor, one sent to the destination station and one kept on the record of the forwarding station.", "The consignor's foil of the railway receipt was then taken to Rae Bareli and there it was tampered with by altering the number of bags, the weight of the consignment and the freight charges.", "All this was admittedly done by munims under direction of Lachhimi Narain himself.", "These forged railway receipts were then endorsed by their consignor in favour of one or other of the firms Beni Gopal Mohan Lal, Tulsi Ram Sohan Lal, Sagarmal Soorajmal or Bhairo Prasad Srinivas and thereafter these firms drew large sums of money commensurate with the huge quantities of goods specified in the forged railway receipts and on the security of these railway receipts drew demand drafts or hundis in favour of various banks and two firms in Kanpur as payees on a firm styled as Murarka Brothers, Calcutta, as drawee.", "It may be mentioned that this firm was established by the family in Calcutta about a year or so before the transactions in question were entered into.", "After this firm was established in Calcutta Lachhimi Narain opened an account in the name of the firm in the Calcutta Branch of the Allahabad Bank and authorised Babu Lal and Chandrika Singh, who was originally an employee of the firm Bhairo Prasad Srinivas and was transferred to Calcutta, to operate on the account.", "The banks which discounted the hundis and the drafts were the Kanpur branches of the Bank of Bikaner, the Bank of Bihar, the Bank of Baroda and the Central Bank of India and the firms were Matadin Bhagwandas and Nand Kishore Sitaram, both of Kanpur.", "These payees realised the amounts by presentation of the hundis and railway receipts to Murarka Brothers at Calcutta.", "The banks obtained payment through their branches in Calcutta while the two firms obtained payments through certain banks.", "To enable Murarka brothers at Calcutta to honour the hundis on presentation Lachhimi Narain and Tulsi Ram, the acquitted accused Srinivas and a munim of theirs named Hanuman Prasad, who was also an accused but died during investigation, used to get money transmitted from the firms' account in the Rae Bareli, Lucknow and Kanpur branches of the Allahabad Bank to the account of Murarka Brothers at Calcutta by telegraphic transfers.", "Delivery of the consignments despatched by the partners or the employees of the various family firms could obviously not be taken with the help of forged railway receipts because had that been done the fraud would have been immediately discovered.", "Instead, delivery was taken through commission agents on indemnity bonds on the allegation that the railway receipts had been lost.", "Such bonds were executed either by one of the partners or by an employee and after getting them verified by the station masters and goods clerks of the booking stations they were endorsed in favour of the consignees.", "It has been established by evidence - and it is not disputed before us - that these consignees in fact took delivery of the small consignments - at the special request of Lachhimi Narain, disposed of the consignments and credited the sale proceeds to the account of Bhairo Prasad Srinivas or Murarka Brothers at Calcutta.", "The bulk of these forged railway receipts is not forthcoming, presumably because they have been destroyed after the hundis supported by them were honoured and the receipts received from the banks or the firms which were payees under the hundis.", "It is the prosecution case that the banks and the firms obtained discount charges of one or two annas per cent for the amounts paid by them, although had the family firms obtained these amounts by way of loan they would have been charged interest at 6 to 9 per cent on these amounts.", "Towards the end of December, 1949, the Kanpur branch of the Bank of Bikaner and the Bank of Bihar received back a number of hundis unhonoured along with corresponding forged railway receipts.", "The Bank of Bikaner received five hundis for an amount of Rs. 3,52,000/- out of which hundis worth Rs. 1,82,000/- had been negotiated by the bank directly with the firm Bhairo Prasad Srinivas and hundis worth Rs. 1,70,000/- through Nand Kishore Sitaram.", "Six hundis were received back by the Bank of Bihar, Kanpur, valued at Rs. 1,92,000/-.", "He not only admitted that he had obtained credit to the tune of Rs. 80 lakhs on the security of railway receipts in which the quantities of goods consigned had been increased, but also admitted that he had got the quantities inflated by his munims, Raj Bahadur and Hanuman Prasad, both of whom are dead.", "According to him except for the complicity of the two munims the whole thing was kept a secret from everybody else.", "His defence further was that he had committed no offence as he intended to pay off and did pay off the entire amount raised.", "They arise out of the same trial.", "The appellants in both the appeals except Chandrika Singh were convicted by the Second Additional District & Sessions Judge, Kanpur, of offences under s. 471, Indian Penal Code read with ss. 467 and 468, I.P.C. and sentenced variously.", "Tulsi Ram, Beni Gopal and Babu Lal were each convicted of offences under s. 417 read with s. 420 and Moti Lal of offences under s. 417, I.P.C. and Lachhimi Narain of offences under s. 420, I.P.C. Separate sentences were awarded to each of them in respect of these offences.", "All the six appellants were, in addition, convicted under s. 120B, I.P.C. and sentenced separately in respect of that offence.", "In appeal the High Court set aside the conviction and sentences passed on Tulsi Ram, Beni Gopal, Babu Lal and Moti Lal of offences under s. 471 read with ss. 467 and 468, I.P.C. and also acquitted Moti Lal of the offence under s. 417, I.P.C. It, however, upheld the conviction of all the appellants under s. 120B, I.P.C. as well as the conviction of Tulsi Ram, Beni Gopal and Babu Lal of offences under s. 417 read with s. 420, I.P.C. As regard Lachhimi Narain it maintained the conviction and sentences passed by the Additional Sessions Judge in all respects and dismissed the appeal in toto.", "The relevant facts are as follows :", "These were negotiated through Matadin Bhagwandas.", "The bank adjusted the account by debiting Matadin Bhagwandas with the amount.", "These unpaid payees instituted inquiries from the consignees and the railways and came to know that the railway receipts offered as security to them were forged.", "These railway receipts have been exhibited in this case in order to prove the charge of forgery.", "The appellants, except Chandrika Singh, executed a mortgage deed on January 5, 1950, in favour of the Bank of Bikaner for Rs. 3,62,000/- which included Rs. 3,52,000/- due on unpaid hundis interest and other charges.", "According to the prosecution, Bhairo Prasad Srinivas paid the firm Matadin Bhagwandas Rs. 1,00,000/- and that Lachhimi Narain executed a promissory note for the balance of Rs. 92,000/- in their favour.", "According to the defence, however, the criminal case filed by Matadin Bhagwandas was compounded by payment of the amount settled between the parties and that as a result they stood acquitted of the charge contained in the complaint of Matadin Bhagwandas.", "The appellant, Lachhimi Narain, has taken all the blame upon himself.", "The other appellants admitted that each of them had played some part or other in these transactions but denied having been a member of the conspiracy and contended what each of them did was at the bidding of Lachhimi Narain.", "The forwarding notes related to certain consignments on the security of which hundis had been discounted by certain banks.", "By presenting a cheque to the Bank of Bikaner Kanpur, and by cashing another cheque, Baby Lal had operated on the bank account to which the proceeds of certain hundis supported by forged railway receipts had been credited.", "These facts, taken in conjunction with the acts of payment of hundis accompanied by forged railway receipts would be sufficient to establish his connection with the conspiracy.", "In addition to this circumstance, he also signed or endorsed 32 indemnity bonds on the strength of which delivery of a large number of consignments, railway receipts in respect of which had been forged, was ultimately taken.", "He was originally an employee of the firm Bhairo Prasad Srinivas and was transferred to Calcutta when a year before the transactions in question commenced, when the firm of Murarka Brothers was established.", "He was in charge of paying hundis presented to Murarka Brothers.", "This was done long before the conspiracy and, therefore, has no bearing on the question before us.", "The remaining there reasons would merely indicate that Chandrika Singh had paid the hundis which it was his duty to do.", "\"Chandrika Singh was asked to explain as to what he did with the forged R/Rs.", "and why he did not take delivery on them at Calcutta when they were endorse in favour of Murarka Brothers.", "To this he replied that he gave the R/Rs. of Calcutta to Calcutta Commission agents, and he sent other R/Rs.", "to Raj Bahadur Singh munim of Bhairo Prasad Sri Niwas.", "But we find (sic) is that delivery in all these cases have (sic) been taken by the Calcutta merchants and the merchants of other West Bengal stations on indemnity bonds.", "No question has ever been put to any of these witnesses even suggesting this plea.", "Therefore, the explanation of Chandrika Singh appears to be altogether false and it is evident that he destroyed the R/Rs. and did not use them as it was in his knowledge that they were forged and if the presented them at the railway station for delivery then the Station Master would compare the number of bags in the corresponding invoices and fraud would be detected.", "The reasoning is entirely based upon the assumption that the railway receipts which were endorsed in favour of Murarka Brothers were forged or tampered with.", "It has been brought out in evidence that in point of fact the appellants, firms used to send genuine consignments of food grains etc. to West Bengal.", "As regards the sentences, bearing in mind the fact that the offences were committed 13 years ago, that the appeal was pending in the High Court for about four years and thereafter it took almost three years for the High Court to prepare the paper book, we think that grave though the crimes of Lachhimi Narain are, we should reduce the sentence.", "He and other members of the family have suffered a great deal monetarily during all these years and have also suffered in their reputation.", "In doing so we have borne in mind three circumstances, one of which we have already indicated.", "Appeals partly allowed." ]	[ "Section 420 in The Indian Penal Code", "Section 417 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 468 in The Indian Penal Code", "Section 467 in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 465 in The Indian Penal Code" ]
125892713	[ "The allegation against the applicant, in short, is that complainant lodged a report that on 21.10.2020 she had gone to the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1 M.Cr.", "C. No.44844/2020 ( Kailash Narayan Tripathi Vs.", "The State of Madhya Pradesh ) (2) Police Station Kampoo to help one woman and while she was waiting for that lady under a tree, the present applicant enquired about her mobile number.", "On his demand, she disclosed her mobile number.", "Thereafter within ten minutes one call was received on her mobile from the applicant's mobile.", "The applicant enquired about her family members, which she disclosed.", "On 21.10.2020 between 9.00 to 10.00 a.m., the applicant again called her for urgent work.", "Shri F.A.Shah, Advocate for the complainant.", "In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.", "I.A. No.21103/2020, an application for urgent hearing is considered and allowed.", "Heard learned counsel for the parties.", "Case diary perused.", "This is the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.", "Applicant apprehends arrest in connection with Crime No.327/2020 registered at Police Station Mahila Thana, District Gwalior (M.P.) for the offences punishable under Sections 354, 354A and 342 of IPC.", "At the request of the applicant, the complainant and three other women namely Sabha Rehman, Anjali Chouhan and Sangeeta Chandel went to Police Station Kampoo.", "The complainant entered the police station, while other three girls were waiting outside the police station.", "The complainant met applicant, who is the Station House Office of the Kampoo Police Station.", "The applicant told her to sit inside the cabin.", "She entered the cabin, afterwards he came and closed the door of the cabin.", "Thereafter the applicant caught her hand and pressed her breast.", "When the complainant opposed, applicant said that they would go to Cancer Hill and also gave Rs.500/- and threatened her not to disclose the incident to anybody.", "On the aforesaid basis, crime has been registered.", "Learned counsel for the applicant submits that applicant is the Station House Officer of Police Station Kampoo and is having unblemished service record for the last 40 years.", "There is deep rooted conspiracy to implicate the applicant, which clearly reflects from the fact that the complainant has stated that she informed the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1 M.Cr.", "C. No.44844/2020 ( Kailash Narayan Tripathi Vs.", "The State of Madhya Pradesh ) (3) incident to her three friends who were waiting outside the police station.", "The present complaint is the out come of the fact that when the complainant and one Mamta Tomar was accusing and abusing the police personnel at the hospital where the husband of Mamta Tomar was admitted, the applicant had intervened and told them not to abuse police personnel.", "At that time, complainant had threatened him to falsely implicate him.", "copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.", "Certified copy/e-copy as per rules/directions.", "(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2020.12.02 09:08:37 +05'30'" ]	[ "Section 354 in The Indian Penal Code", "Section 342 in The Indian Penal Code" ]
125892736	[ "Second respondent is wife of the petitioner.", "Thereafter, second respondent was harassed and ill-treated by petitioner - accused.", "Petitioner no.1 is the husband of second respondent.", "In short, the FIR vide C.R.No.286 of 2015 and 346 of 2015 have been registered at the instance of second respondent against the petitioner/husband.", "However, in C.R.No.346 of 2015 along with petitioner no.1/ husband, the second respondent has impleaded other relatives of the petitioner no.1 as accused.", "In the FIR, it is alleged that pursuant to the solemnization of the marriage between second respondent and petitioner no.1, she was subjected to harassment causing mental cruelty to her.", "It is alleged that the Stridhan of second respondent was misappropriated by the accused.", "JUDGMENT (Per PRAKASH D. NAIK, J.) : -", "Rule made returnable forthwith.", "2 Learned APP waives service for the respondent -", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 2/7 wp-1459-1460-16.doc 3 The petitioners in both the petitions have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India as well as inherent powers under Section 482 of the Code of Ciminal Procedure.", "Petitioners have challenged the First Information Report (\"FIR\", for short) registered with the concerned police station on the ground that the parties have amicably settled their dispute.", "4 Petitioner in criminal Writ Petition No.1459 of 2016 has challenged the FIR registered with Juhu Police Station vide CR No.286 of 2015 for the offences punishable under Section 406, 419 and 420 of the Indian Penal Code (\"IPC\", for short) and under Section 66(c) (d) of the Information Technology Act (\"IT Act\", for short).", "It is further alleged that ::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 ::: This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 3/7 wp-1459-1460-16.doc petitioner - accused has operated the bank account of the second respondent by impersonation and transferred the amount from fixed deposit account to his account and, thereafter, again redeposited the said amount in the account of the second respondent.", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "6 The subject matter of Criminal Writ Petition No.1460 of 2016 is the FIR dated 26th May, 2015 registered at the instance of second respondent with D.N. Nagar police station.", "The said FIR has been registered against the petitioners.", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 4/7 wp-1459-1460-16.doc 7 Learned counsel appearing for the respective parties have submitted that the dispute between both the parties have been amicably resolved and with a view to maintain peace and harmony, they have decided to put an end to the proceedings initiated by the second respondent.", "It was pointed out that petitioner and second respondent have entered into a compromise of their pending disputes by way of Consent Terms filed before the Family Court at Mumbai.", "The parties have filed a petition for divorce by mutual consent vide M.J. Petition No.", "Parties have also tendered Consent Terms in the said proceedings before the Family Court.", "As per clause (8) of the Consent Terms, petitioner and respondent no.2 have agreed that the petitioner shall file the petition under Section 482 of the Code of Criminal Procedure, for quashing the FIR.", "Several other terms were mentioned in the said Consent Terms which includes depositing of an amount of Rs.2 crores by the petitioner husband towards the full and final settlement of the claim of respondent no.2 - wife.", "The said Consent Terms are taken on record and marked \"X\" for identification.", "8 The complainant/respondent no.2 has tendered ::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 ::: This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 5/7 wp-1459-1460-16.doc affidavit in both the petitions wherein it is stated that she has resolved the disputes with the accused in both the complaints.", "It is also stated that Consent Terms are being filed in the Family Court in the petition for divorce by mutual consent.", "It is also stated that by order dated 3rd June, 2016, the Family Court has allowed the said petition and the marriage between the respondent no.2 and the petitioner - husband has been dissolved.", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "It is further mentioned that the second respondent is consenting for quashing the FIR which is under challenge in the aforesaid petition.", "Both the affidavits are taken on record and marked \"X-1\" and \"X-2\", respectively for the purpose of identification.", "9 We have perused the contents of the petition, the Consent Terms tendered by the parties before the Family Court and the affidavits submitted by the second respondent before this Court.", "From the said documents, it is apparent that the parties in respective petitions have arrived at amicable settlement and the complainant has consented for quashing the proceedings.", "It is pertinent to note that the second respondent has agreed as per the Consent Terms that she would consent for quashing the FIR registered at her instance.", "It can be seen that the dispute between the complainant and the accused in both the FIR are of ::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 ::: This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 6/7 wp-1459-1460-16.doc individual nature and arising out of matrimonial disputes.", "Taking into consideration the fact that parties have settled their disputes amicably and want to live their life peacefully, we are inclined to allow the present petition.", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "10 The Hon'ble Apex Court in the case of Gian Singh V/s.", ":: O R D E R ::", "(i) Rule is made absolute in both the petitions.", "(ii) FIR No.286 of 2015 registered with Juhu Police Station for the offences punishable under Sections 406, 419 and 420 of the IPC is quashed and set aside.", "1(2012) 10 - SCC 303 ::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 ::: This Order is modified/corrected by Speaking to Minutes Order dated 01/07/2016 rpa 7/7 wp-1459-1460-16.doc", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "(iv) Parties to act upon an authenticated copy of this order.", "(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) ::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::", "::: Uploaded on - 28/06/2016 ::: Downloaded on - 30/07/2016 06:14:32 :::" ]	[ "Section 406 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 419 in The Indian Penal Code", "Section 420 in The Indian Penal Code" ]

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