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112993089	[ "Criminal Application No. 2950/2018 is filed forcondonation of delay of 954 days caused in filing appeal againstthe judgment and order of conviction.", "Delay iscondoned.", "Criminal Appeal Stamp No. 753/2018 is filed tochallenge the judgment and order of conviction given to theappellant for offence punishable under section 304 Part II of IndianPenal Code.", "The matter is assigned to this Court.", "The appeal is admitted.", "Notice after admissionis waived by the learned APP.", "::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 :::", "::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 :::", "No. 1969/16 2", "Criminal Application No. 1969/2016 is filed by the Statefor granting leave to file appeal against the judgment and order ofSessions Case No. 38/2014, which was pending in the Court oflearned Additional Sessions Judge, Aurangabad.", "When charge wasframed for offence punishable under section 304 r/w. 34 of IPCagainst the respondents, the Trial Court has convicted onlyrespondent No. 1 Fazalkhan.", "Respondent No. 2 is acquitted.", "Heard the learned APP.", "Seen therecord of evidence and seen the reasoning given by the Trial Court.", "The prosecution case rests mainly on the record of twodying declarations, which are at Exhs.", "In both the dyingdeclarations, the deceased blamed her husband Fazalkhan for theincident.", "She disclosed that after starting of the quarrel thehusband went outside and fetched diesel in a bottle and afterpouring the diesel on her person, he set fired to her.", "She furtherdisclosed that after fire started, her husband extinguished the fireand he shifted her to the hospital.", "She disclosed that there wasprobably instigation of mother, respondent No. 2 to him.", "Allegations are made that Fazalkhan wanted to marry other girl.", "The C.A. Report shows that diesel was detected on the clothes of::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 ::: Cri.", "No. 1969/16 3the husband.", "The Trial Court has unnecessarily considered thecircumstance that it is the husband who has shifted the deceasedto hospital.", "She survived there for 12 days.", "Inthe result, the application is allowed only to the extent of applicantNo.", "1 Fazalkhan.", "The application filed as against respondent No. 2is rejected.", "Leave is granted to the State to file appeal as againstrespondent No. 1 for the offence punishable under section 302 ofIPC.", "Appeal is admitted.", "Respondent No. 1 is in jail and so, thenominal compliance of section 390 of Cr.P.C. is to be obtained bytaking bond from him in the matter of Rs.15,000/- (Rupees fifteenthousand).", "::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 :::", "[SMT.", "VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.]ssc/::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 :::", "::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 01:25:53 :::" ]	[ "Section 304 in The Indian Penal Code", "Section 302 in The Indian Penal Code" ]
125467569	[ "R.C.Nos.811 and 832 of 200905.08.2014" ]	[ "Section 420 in The Indian Penal Code", "Section 406 in The Indian Penal Code" ]
129227728	[ "Heard Mr. Lalit Shukla, learned Counsel for the Bank-petitioners and Mr. Parveen Bhatnagar (third respondent)-in-person.", "Through this writ petition under Article 226 of the Constitution of India, petitioners have inter-alia challenged the order dated 27.02.2015/12.03.2015 passed by Controlling Authority under Payment of Gratuity Act, 1972 & Regional Labour Commissioner (Central), Lucknow, whereby Bank-respondent has been directed to pay a sum of Rs.12,58,333/- to third respondent, namely, Sri Praveen Bhatnagar towards gratuity and interest thereupon.", "Petitioners have further challenged the Appellate Order dated 12.08.2015/19.08.2015, whereby the Deputy Chief Labour Commissioner, Kanpur/Appellate Authority under Payment of Gratuity Act, 1972 returned the appeal filed by the Bank along with demand draft on the ground that the appeal has been filed beyond the period of limitation.", "During the service period, third respondent was subjected to disciplinary proceedings in a case of fraud which ultimately culminated into imposition of penalty vide order dated 8.1.2007 and awarded punishment of reduction of his basic salary by two stages in the time scale of pay for a period of two years and during the period of such reduction, he will not earn his normal annual increment, if any, and on the expiry of such period the reduction will have the effect of postponing his future increments.", "Apart from the disciplinary proceedings, Sri Praveen Bhatnagar was also prosecuted by the Central Bureau of Investigation (in short 'CBI') under Section 420 IPC.", "On account of pendency of criminal case against Sri Praveen Bhatnagar, the gratuity was not paid to him in terms of the Bank of Baroda (Employees') Pension Regulations, 1995 (in short 'the Regulation 1995').", "Later on, vide judgment and order dated 11.03.2013, Sri Praveen Bhatnagar was discharged from the criminal case by the Special Judge, Anti Corruption, CBI West, Lucknow.", "Being aggrieved by the order dated 11.03.2013, the CBI has filed a Criminal Revision (D) No.388 of 2003 (Union of India through CBI Vs.", "Mere filing of criminal revision with delay, would not vest any power upon the Bank to withhold the gratuity for all time to come." ]	[ "Section 420 in The Indian Penal Code" ]
129243784	[ "(i) Bail Application No.2482 of 2018, is allowed;", "(ii) Applicant is directed to be released on bail in connection with C.R.No.397 of 2018, registered with Ghatkopar Police Station, Mumbai, on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;", "(iii) Applicant shall report Ghatkopar Police Station, Mumbai on first Saturday of every Month between 10:00 a.m. to 12:00 noon, till further orders;", "rpa 5/5 912-ba-2482-18.doc", "(iv) Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses;", "(v) Bail Application No.2482 of 2018, stands disposed of.", "(PRAKASH D. NAIK, J.)" ]	[ "Section 363 in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 366A in The Indian Penal Code" ]
129257351	[ "CC as per rules.", "(J.P.GUPTA) JUDGE JP/-", "Digitally signed by JITENDRA KUMAR PAROUHA Date: 2019.10.05 17:55:38 +05'30'", "(05-10-2019) This appeal has been preferred by the appellant against the im- pugned judgment of conviction and order of sentence dated 7.10.2013 passed by First Additional Sessions Judge, District Betul in S.T. No. 276/12 whereby the appellant has been convicted and sentenced as under :-", "Both the sentenced are ordered to run concurrently.", "The facts, in brief, giving rise to this appeal are that on 5.8.2012 the complainant Metram (PW-4), father of the prosecutrix (PW-6) lodged a missing person report about her minor daughter from 14.7.2012 in the police station Aathner, District Betul.", "During enquiry of missing person, on 18.9.2012 the prosecutrix was recovered from the house of the appellant / accused situated at Gautampura, Bhopal and 2 Cri.", "A.No.703/2014 statement of the prosecutrix (PW-6) was recorded in which she stated that on 14.7.2012 she was standing on the road for going to Hidli for studying in Class 10 th, at that time, the appellant / accused came over on the motorcycle which was taken from one Sumat Kumar for a short pe- riod and told the prosecutrix that he is going to Aathner and he will drop the prosecutrix at Hidli and he forcibly took her on her motorcycle and did not leave her at Hidli and took her to Aathner and then Bhopal on the motorcycle and kept her in his house situated at Gautampura, Bhopal and committed sexual intercourse with her several times with- out her consent and also committed marpeet and the motorcycle was also not returned.", "Thereafter, FIR (Ex.P/9) at crime no. 184/12 under Sections 363, 366, 376 and 406 of the IPC was registered against the ap- pellant / accused.", "After investigation was over, charge sheet was filed before the concerned Magistrate who on its turn committed the case to the Court of Session for trial and the appellant was tried for the offence under Sections 363, 366, 376 (1) and 406 of the IPC by First Additional Sessions Judge, Betul.", "The defence of the appellant was that he is inno- cent.", "He has been falsely implicated in the case.", "In defence he has not produced any witness.", "After trial, learned trial Court acquitted the ap- pellant / accused of the charge under Section 363 of the IPC but con- victed and sentenced the appellant as mentioned above.", "Hence, this appeal.", "Consequently, the criminal appeal is partly allowed.", "Both the sentences shall run con- currently." ]	[ "Section 376 in The Indian Penal Code", "Section 366 in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 406 in The Indian Penal Code" ]
129263293	[ "Hon'ble Mahesh Chandra Tripathi,J.", "Mohan Ram is before this Court assailing the validity of the order dated 13.05.2014 passed by the learned Single Judge in Civil Misc.", "Writ Petition No. 26621 of 2014 (Mohan Ram Vs.", "State of U.P. and others) dismissing the claim of appellant for release of full pension.", "Brief background of the case as is reflected from the pleadings set out that appellant was working as Constable Driver in U.P. Police Department.", "In the year 2013 when appellant was posted as Constable Driver at District Chandauli, while appellant was driving a prison van, due to negligence of police, one accused person namely Sunil Yadav escaped from the police custody and in reference of said incident, FIR has been lodged in Case Crime No. 827 of 2013, under Sections 222 and 224 IPC, Police Station Cantt, District Varanasi.", "This much is also clear that in the said criminal case, after investigation has been carried out, charge sheet has been filed, trial in question is stated to be still pending and appellant has attained the age of superannuation.", "Thereafter, order dated 07.04.2014 has been passed whereby provisional pension has been accorded in consonance with Government Order dated 28.10.1980 on the ground that criminal case is pending in Case Crime No. 827 of 2013, under Sections 222 and 224 IPC, Police Station Cantt, District Varanasi.", "On Section 5 Application Hon'ble V.K. Shukla,J." ]	[ "Section 468 in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 467 in The Indian Penal Code", "Section 419 in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 120B in The Indian Penal Code" ]
129275586	[ "PW.1 is Bhavana A.Metha, Complainant, PW.2 is Aswin Metha, husband of PW.1, PW.3 is Nanda Kishore, Friend of PW.2, PW.4 is Vasanthakumar Jain, Friend of PW.2, PW.5 is Subramaninan, Friend of PW.2, PW.6 is Thangadurai, Receptionist of Hotel, PW.7 is Kumar, Hotel Staff, PW.8 is Devendhiran, Hotel Staff, PW.9 is Ravikumar, Hotel Personal Officer and PW.10 is Arjunan, Investigating Officer.", "The case of the prosecution in brief, is that PW.1 Bhavana A.Metha was staying as a guest in Room No.301 in Sterling Resorts within the jurisdiction of the respondent police.", "On 02.08.2005 at 11.15 p.m., the appellant/accused who was working as a Room Boy in the Sterling Resorts under the guise of cleaning in the room against the wishes of PW.1, trespassed into the room and had switched off the E.B Main Box and pushed PW.1 on the bed, with an intention to commit rape and attempted to remove her dress and pulled her blouse.", "This Criminal Appeal is filed by the appellant/accused against the judgement passed by the trial Court finding him guilty under Section 451 of IPC and convicting and sentencing him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/-, in default of payment of fine to undergo three months Rigorous Imprisonment and alsohttp://www.judis.nic.in 2 finding him guilty under Section 354 of IPC and convicting and sentencing him to undergo Rigorous Imprisonment for two years and to pay a fine amount of Rs.500/-, in default to undergo three months Rigorous Imprisonment.", "The trial Court ordered both the sentences to run concurrently and the period already undergone by the appellant/accused was directed to be set off under Section 428 Cr.P.C. The appeal has been filed challenging the said conviction and sentence.", "The respondent, after completing investigation, filed the final report before the learned Judicial Magistrate No.5, Salem.", "After summoning the appellant/accused on complying with the procedure contemplated Section 207 of Cr.P.C and finding that the case was triable by a Court of Sessions, the case was committed to the Sessions Judge, Mahila Court, Salem and he had made over the case to the Sessions Judge, Mahlia Court, Salem.", "The case was taken up in S.C.No.368 of 2006, and the learned Trial Judge framed charges against the appellant/accused for the offences under Sections 451 and 376 r/w Section 511 of IPC.", "When the appellant/accused was questioned under Section 313 Cr.", "P.C he denied the charges and sought for trial.", "On the side of prosecution, PW.1 to PW.10 were examined and Exs.", "P1 to P4 were marked and no materials objects are marked and no evidence, was let in on the side of the defence.", "The learned trial Judge after completion of trial and taking note of the evidence convicted and sentenced the appellant/accused as stated above.", "She would further submit that at the out set, the occurrence was said to have happened on 02.08.2005 at 23.15 hours and the complaint had been given only on 03.08.2005 at 4.00 hours, after a delay of five hours.", "Admittedly PW.1 does not know Tamil and English and admittedly as per PW.1, she has stated about the incident in Hindi and one Subramanian had translated in Tamil to the respondent police.", "Strangely, in the case, neither the persons who have written the complaint in English nor the the said Subramanian who is stated to have translated her version in Tamil to the Inspector of Police, have been examined in this case.", "She would also submit that as per PW.2, one Gupta is the person, who is stated to have written the complaint in English and he has not been examined.", "She would further submit that the statement of PW.1 was given in Hindi to one Subramanian and the said Subramanian has instructed one Gupta and the said Gupta had given the complaint in English.", "Admittedly, the complaint is nothing but a hear-say evidence of Subramanian who has once again stated to the said Gupta and he had written in English and non examination of the Said Gupta before the Courthttp://www.judis.nic.in 5 is fatal to the case of the prosecution.", "The learned counsel for the appellant/accused would further submit that as per Ex.", "P1, the complaint had been attested by one Boopalan, who is the Resort Manager and Ravikumar, who is the Personal Officer of Sterling Resorts and non examination of the said Boopalan causes a doubt in the prosecution case.", "She would further submit that though the said Ravikumar has been examination as PW.9, he has not stated anything about having attested the complaint.", "She would further submit that as per the complaint, the appellant/accused is stated to have asked one Vijayakumar, to help her to reach the room and the said Vijayakumar, who was taking tenure with two others is stated to have directed the appellant/accused to escort her to her room.", "Non examination of the said Vijayakumar also causes a doubt in the prosecution case.", "She would further submit PW.2 to PW.5 are interested witnesses, since they are either the close relatives of PW.1 or subordinate workers of her husband and thereby, their evidence cannot be believed.", "The learned counsel for the appellant/accused in the alternative would submit that the date of occurrence on 03.08.2005 and the appellant/accused was aged about 20 years and that thehttp://www.judis.nic.in 6 appellant/accused was not having any previous case against him at that time and that the appellate Court ought to have invoked and extended the benefits of the Probation of Offenders", "The learned Additional Public Prosecutor appearing for the respondent would submit that the appellant/accused was working as a Room Boy in Sterling Resorts, Yercaud, Salem and that on the date of occurrence, despite the resistance of PW.1, the appellant/accused had trespassed into her room where PW.1 was staying and attempted to rape her and thereby, outraged her modesty, thereby, the Trial Court taking into consideration the evidence of all the witnesses, has rightly convicted the appellant/accused for the offence under Section 354 of IPC.", "He would further submit that non examination of the scribe of the complaint is not fatal by the prosecution, since Subramanian who is stated to have translated the version of PW.1 in Hindi, has been examined and he has stated that on his interpretation, the complaint has been given by the said Gupta in English and thereby, the evidence of PW.1 is corroborated.", "At this juncture, the learned counsel for the appellant/accused would submit that it is the admitted case of the prosecution that PW.1 does not know either Tamil or English, whereas, her evidence has been recorded in Tamil without any memorandum of the learned Trial Judge and that had caused grave prejudice to the appellant/accused.", "In respecthttp://www.judis.nic.in 7 of the above submission the learned Additional Public Prosecutor would submit that neither the appellant nor the counsel for the appellant has raised any objection during the course of the trial and as per Section 465 (2) of Cr.", "P.C, since, the objection had not been raised at the earlier stage of the proceedings, the objection cannot be now raised at this stage.", "I have gone through the evidence and materials on record.", "PW.1 has cogently described about the incident that had occurred on the fateful day.", "She has no reason to falsely implicate the appellant/accused in the crime.", "While convicting the appellant/accused for offence under Section 354 of IPC had modified the period of sentence to the sentence of period already undergone.", "Taking into consideration that the incident is the year 2005 and it is reported that the appellant/accused is married and he has got two children, this Court while confirming the conviction and modifies the sentence to the period already undergone by him.", "Taking into account the facts of the case and submissions made by the learned counsel on both sides, the appeal is partly allowed, while confirming the conviction passed by the learned Sessions Judge, Mahila Court, Salem in S.C.No.368 of 2006 dated 23.07.2008, the sentence is accordingly modified to the period already undergone by him.", "The appeal is accordingly partly allowed.", "20.02.2019 kvhttp://www.judis.nic.in 9 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No To", "The Sessions Judge, Mahila Court, Salem", "The Inspector of Police, Yercaud Police Station Salem District.", "The Public Prosecutor, High Court of Madras.", "The Section Officer, V.R. Section, High Court of Madras.", "http://www.judis.nic.in 10 A.D.JAGADISH CHANDIRA,J.", "kv Crl.", "A.No.743 of 2008" ]	[ "Section 354 in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 511 in The Indian Penal Code" ]
1292975	[ "10.03.2002: It is alleged that at about 11.00 p.m., the petitioner directed the co-accused Harender Singh to make a phone call to the complainant.", "11.03.2002: It is further alleged that when the complainant went to the petitioner's office, the complainant was asked to withdraw from the election to the MCD in which co-accused Harender Singh was intending to be in the fray.", "The complainant Raj Kumar, raised objection with the electrician, his brother Hanuman also came at the spot from his shop was allegedly dragged by the petitioners inside their shop using above noted humiliating words.", "Complainant's brother raised alarm; neighbours reached there, and rescued him.", "JUDGMENT Badar Durrez Ahmed, J.", "This is an application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'as the Code') for grant of anticipatory bail.", "The main issue involved in this application is whether the petitioner would be entitled to invoke Section 438 of the Code in view of the provisions of Section 18 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC&ST Act').", "The allegation against the petitioner, inter alia, is that he used the words: 'Tu Chura Hamare Khilaf Ladne Ki Himmat Karega' against the complainant, who is admittedly a member of a Scheduled Caste.", "Based on this allegation and other allegations, the learned Metropolitan Magistrate, Delhi passed a summoning order on 24.08.2005 against all the accused, including the petitioner for offences punishable under Section 325/34 IPC and the petitioner has been additionally summoned for the offence punishable under Section 3(1)(x) of the SC&ST Act which is non-bailable.", "Mr Khan submitted that in the complaints and other letters/representations made by the complainant during the intervening period, there was no reference of the petitioner having uttered these words.", "Therefore, he contended that these words have been imputed to the petitioner belatedly as an afterthought so as to bring him within the rigours of the stringent and strict provisions of the SC&ST Act in an attempt to see that the petitioner does not get bail.", "Detailed submissions were made which shall be examined below.", "On the other hand, the learned Counsel for the complainant submitted that it is not correct that the complainant had, on 28.05.2005, made the accusation with regard to the said words having been uttered by the petitioner for the first time.", "He submitted that a complaint dated 18.06.2002 to this effect had been lodged at Police Station Nangloi, but no action was taken by the police.", "It is, therefore, his contention that the complainant had at the first opportunity informed the police of the petitioner having allegedly used the aforesaid derogatory words against the complainant.", "The learned Counsel for the complainant also submitted that the summoning order dated 24.08.2005 has not been challenged by the petitioner and, therefore, the same has become final.", "As per the summoning order dated 24.08.2005 passed by the learned Metropolitan Magistrate, it is apparent that the learned Metropolitan Magistrate had come to a prima facie view that offences under Section 325 read with Section 34 IPC were made out against the accused Nos. 1, 2, 3 and 6 and the offence under Section 3(1)(x) of the SC&ST Act was made out against the accused No. 1 (the petitioner herein).", "He submitted that the learned Metropolitan Magistrate having come to this prima facie view, the provisions of the SC&ST Act immediately came into play and by virtue of Section 18 thereof, Section 438 of the Code ceased to apply and, therefore, there is no question of entertaining the present application as it is barred at the threshold.", "The complainant refused to withdraw from the election.", "Upon this, it is alleged that on the asking of the petitioner, the co-accused [Bijender Singh and Harender Singh] kicked and boxed the complainant and the co-accused Mandeep gave several iron fist blows to the complainant due to which the complainant received multiple injuries and suffered mental disorder.", "It is also alleged that the accused threatened the complainant that they would get him killed and it would be treated only as a road accident and the file would be closed.", "12.03.2002: The complainant was admitted to the Lady Hardinge Medical College and Smt Sucheta Kriplani Hospital.", "18.06.2002: Allegedly, a complaint was submitted by the complainant to the Station House Officer of Police Station Nangloi, Delhi-110041 wherein the alleged incidents of 10th and 11th March, 2002 were narrated.", "It was also indicated in this complaint that the petitioner had used the aforesaid derogatory words.", "The status report filed on behalf of the State on 01.05.2006 with regard to this alleged complaint of 18.06.2002 indicates that as per the record of the Police Station Nangloi, the complaint of Shri Chattar Singh Rachhoya dated 18.06.2002 was not received at Police Station Nangloi, Delhi.", "This aspect will be discussed in detail below.", "09/10.11.2003: At about 1.00 a.m., it is alleged that, one person entered the room in which the complainant was sleeping and said that he had been sent by Mandeep.", "The said person had a revolver in his hand and told the complainant that it is an order from the petitioner and he has been sent by co-accused Bijender Singh and Mandeep that the complainant should make an attempt at self-immolation in front of the office of Smt Sonia Gandhi at 10, Janpath at 4.00 p.m. in the evening on that day and that they would help the complainant.", "The said intruder is alleged to have threatened the complainant to kill him in the event he did not do so and fired a shot at the bedding of the complainant by saying that this was being done as an example as to what would happen to the complainant if the self-immolation attempt was not made by him.", "The intruder then ran away.", "10.11.2003: At the suggestion of his parents, the complainant made a phone call at the No. '100'.", "The complainant is said to have made the report at the Police Control Room at 1.00 p.m. itself.", "Mr Khan, the learned Counsel for the petitioner, pointed out that in this written complaint submitted to the Joint Commissioner of Police, the complainant, though primarily referring to the incident of 09/10.11.2003, made a clear reference to the alleged incidents of 10.03.2002 and 11.03.2002, when the complainant was allegedly called to the office of the petitioner and threatened to withdraw his candidature.", "13.02.2004: A complaint under Section 156(3) of the Code for registration of a case/FIR was filed in the court of the CMM, Delhi by the complainant.", "In this complaint, it was alleged by the complainant that the accused had committed cruelty and atrocities on the complainant and although complaints had been lodged with the local police as well as the higher authorities, proper investigation was not being conducted by the police.", "The prayer made in the application was that the concerned SHO/IO be directed to investigate into the matter and register a case under Section 452/435/341/307/325/506/201/120-B/34 IPC read with Section 27 of the Arms Act. Mr Khan, the learned Counsel for the petitioner, again pointed out that what is significant is that there was no mention of any offence under the SC & ST Act in this complaint also.", "The detailed complaint was filed Along with the said application under Section 156(3) of the Code.", "Four things require to be noted.", "First of all, the alleged incidents of 10.03.2002 and 11.03.2002 have been narrated in detail.", "Fourthly, there is no mention of the complaint dated 18.06.2002 allegedly made by the complainant at Police Station Nangloi.", "19.03.2005: The learned Metropolitan Magistrate noted in his order that enquiry in respect of DD No. 23/A dated 10.11.2003 could not be conducted as the complainant was not ready to give his statement.", "13.05.2005: A detailed statement was made by the complainant before the police.", "The same was signed by the complainant and was attested by the police officials at Police station Nangloi.", "In this statement also, the incidents of 10.03.2002 and 11.03.2002 are mentioned, but, there is no mention of the petitioner having uttered the words in question.", "21.05.2005: The learned Metropolitan Magistrate noted in his order of this date that I.O. Satish Kumar of P.S. Nangloi is present and has filed the status report stating that on enquiries made on DD No. 23/A dated 10.11.2003, the fact as alleged by the complainant could not be substantiated.", "The learned Metropolitan Magistrate observed that since an enquiry had already been conducted, it was not worthshile to ask the police to now register an FIR on the same facts.", "28.05.2005: The complainant's statement as CW-1 was recorded before the learned Metropolitan Magistrate.", "Here, he, inter alia, stated the p2 following:", "Sajjan Kumar told that how dare you to contest against my candidate.", "He/Sajjan Kumar told that ''Tu Chura Hamare Khilaf Ladne Ki Himmat Karega.", "Thereafter: Arguments were heard after the aforesaid recording of pre-summoning evidence.", "07.07.2005: The learned Metropolitan Magistrate directed further enquiry to be conducted under Section 302 of the Code on three points, viz:", "2) The nature of injuries sustained by the complainant on 11.3.2002 and details of the treatment received by him at the hospital.", "01.08.2005: Another statement of the complainant was recorded by the police.", "It is to be noted that on 31.01.2006, the complainant was present in person.", "04.02.2006: The Metropolitan Magistrate was notified of the passing of the order dated 31.01.2006 and a copy was placed on record.", "The matter was adjourned to 03.05.2006 (i.e., after the date fixed before this Court).", "He, however, did not mention that the order dated 24.08.2005 had been stayed by the High Court on 31.01.2006 which he was aware of as he was present in court on that date as indicated above.", "Along with this application, the petitioner appended a document which was purportedly dated 18.06.2002 and finds its place at page 263 of the trial court file.", "This is that document which the complainant is said to have handed over to the SHO of Police Station Nangloi on 18.06.2002 wherein he is said to have made the allegation for the first time that the petitioner had uttered the words in question.", "This document was not in the trial court record when the summoning order dated 24.08.2005 was passed.", "Mr Khan, therefore, contended that because the High Court had stayed the summoning order dated 24.08.2005 and had directed the summoning of the trial court record for the next date of hearing, the complainant surreptitiously moved an application on 04.02.2006 and Along with this application the said purported complaint dated 18.06.2002 was annexed.", "He submitted that knowing that the High Court had stayed the operation of the order dated 24.08.2005, the complainant had moved this application on 04.02.2006 praying that the appropriate action be taken in the matter as early as possible and orders be passed in public interest.", "Such an application could not have been moved and the only purpose for moving an application was to somehow or the other introduce the document dated 18.06.2002 into the file of the trial court which had been sent for by this High Court.", "The object being to see that bail is denied to the petitioner.", "These are the facts and circumstances which give rise to the present application under Section 438 CrPC." ]	[ "Section 438 in The Indian Penal Code", "Section 156 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 201 in The Indian Penal Code", "Section 482 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 452 in The Indian Penal Code" ]
51266058	[ "O.P.(MD)No.4757 of 2019 and Crl.M.P(MD) Nos.2929 and 6799 of 2019 24.09.2019", "This Criminal Original Petition has been filed to quash the proceedings in C.C.No.116 of 2019 pending on the file of the learned Judicial Magistrate No.II, Dindigul.", "The learned Counsel appearing for the petitioners would submit that the petitions are innocent and they have not committed any offence as alleged by the prosecution.", "Hence he prayed to quash the same.", "The learned Government Advocate(Crl.", "Side) would submit that some of the witnesses have been examined in this case.", "Heard Mr.", "N.Mariyappan learned counsel appearing for the petitioner and Mr.", "K.Suyambulinga Bharathi, learned Government Advocate(Crl.", "Side) appearing for the first respondent.", "The case was registered for the offences under Sections 2/6http://www.judis.nic.in Crl.", "O.P.(MD)No.4757 of 2018 498(A), 506(i) of IPC and Section 4 of TNPHW Act .", "It is also seen from the statement recorded under Section 161 Cr.P.C that there are evidences to attract the offence under Sections 498(A), 506(i) of IPC and Section 4 of TNPHW Act. It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.", "A.No.255 of 2019 dated 12.02.2019 - Sau.", "The correctness or otherwise of the said allegations has to be decided only in the Trial.", "9.Further, the personal appearance of the petitioners 2 to 6 are dispensed with and they shall be represented by a counsel after filing appropriate application.", "The petitioners 2 to 6 shall be present before the Court at the time 4/6http://www.judis.nic.in Crl.", "O.P.(MD)No.4757 of 2018 of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C.", "and at the time of passing judgment.", "24.09.2019 Internet:Yes/No Index:Yes/No Speaking/Non speaking order aav To The Judicial Magistrate No.II, Dindigul 5/6http://www.judis.nic.in Crl.", "O.P.(MD)No.4757 of 2018 G.K.ILANTHIRAIYAN.", "J, aav Crl." ]	[ "Section 506 in The Indian Penal Code", "Section 498 in The Indian Penal Code", "Section 2 in The Indian Penal Code" ]
512707	[ "THOMAS, J.", "His claimwas upheld by a learned Single Judge of the Punjab andHaryana High Court.", "But the State of Haryana is notinclined to reconcile with the decision and hence thisappeal by special leave.", "It is necessary to set out the background in which thesaid claim was made by the prisoner who is a respondentherein.", "He was an accused in a murder case along with threeothers.", "The trial court, as per its judgment dated 5.1.1978convicted only one of the accused, by name Balbir, of theoffence under Section 302 of the Indian Penal Code, and therespondent was acquitted of the said offence read withSection 34 IPC.", "However, the respondent was convicted underSection 324 IPC and he was sentenced to the period ofimprisonment which he had already undergone till then, (thatperiod was 9 months and 26 days).", "The State preferred anappeal against the acquittal of respondent while Balbirfiled an appeal against the conviction and sentence passedon him.", "The High Court, which heard both the appealstogether, confirmed the conviction and sentence passed onBalbir and dismissed his appeal.", "But the appeal filed bythe State was allowed and respondent was convicted underSection 302 read with Section 34 of IPC and sentenced him toundergo imprisonment for life.", "During the pendency of the said appeal respondent wasallowed to remain on bail.", "It was in the aforesaid background thatrespondent moved the High Court on 14.2.1997 praying thathis conviction must be treated as passed on 5.1.1978 (thedate on which the trial court passed the judgment) and hencethe period during which he was on bail (from 5.1.1978 to7.6.1980 and from 2.8.1980 to 21.8.1994) shall be includedwithin the period of his entitlement for remission." ]	[ "Section 34 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 326 in The Indian Penal Code", "Section 389 in The Indian Penal Code", "Section 324 in The Indian Penal Code" ]
51273118	[ "Chandrakala was very much in aposition to make a statement at that time, and was not under the influenceof any drug since she was injected with sedatives only at about 10:30 p.m. At the time of recording of this statement her two sons as well as theappellant were present since, as stated by Ramesh (DW-I), all the familymembers had taken her to the hospital.", "The Appellant has also stated in hisstatement under Section 313 of Cr.P.C that he too had gone to the hospital.", "H.L. Gokhale J.", "This Criminal Appeal raises the question about the relevance ofdying declarations, and the approach to be adopted by the Courts withrespect thereto.", "The appellant’s wife, Chandrakala Hiraman Murkute, died anunnatural and a very painful death at about 2 a.m. on 7.4.2000 in a villagein Jamkhed Taluka of District Ahmednagar, State of Maharashtra, havingsuffered 91% burn injuries in the previous night leading to cardio-respiratory failure.", "The First Adhoc Addl.", "The convictionU/s 302 of IPC was confirmed by the Aurangabad Bench of the High Court ofJudicature at Bombay in Criminal Appeal No.31 of 2005, though the one underSection498-A of I.P.C was set-aside for the lack of sufficient evidence.", "TheCourts below have accepted the two dying declarations of deceasedChandrakala as giving the correct cause for the burn injuries viz. thatthey were caused by the appellant.", "They have rejected the defence of theappellant that he was nowhere near the deceased at the time of the incidentand that he was not responsible for the same.", "In view of this convictionunder Section 302 I.P.C., the appellant is required to undergo imprisonmentfor life, and to pay a fine of Rs.500/-, in default suffer a rigorousimprisonment for three months.", "This judgment of the High Court dated28.6.2005 in Crl.", "Appeal No. 31/2005 is being challenged for being renderedsolely on the basis of dying declarations.", "The facts leading to the present appeal are as follows:-", "Deceased Chandrakala had been married to the appellant since along time, and had three children from the marriage viz., Bapu, aged about20-22 years and married at the time of the incident, Ramesh aged about 14years, and daughter Shobha (whose age has not been mentioned).", "She wasadmitted in the rural hospital, Jamkhed immediately at 9:15 p.m. One Dr.", "Eknath Mundhe (PW-5) was on duty at that time, and he recorded the historyof injuries (exhibit 33) at about the same time in the following words – “H/o Homicidal burns by husband as she was not willing to perform his marriage with her sister and he was also demanding gold on 6.4.2000 at about 8 p.m.”Thus as per this writing, the appellant was insisting that Chandrakalabring gold from her parents, and that he be permitted to marry her sister.", "Chandrakala refused to acquiesce to either of these demands, and,therefore, she was given serious burn injuries by the appellant on thatfateful night.", "According to their younger son Ramesh (DW-1) the deceasedwas taken to the hospital by her family members.", "That being so, thisrecording by the doctor assumes significance since it must have been madein their presence.", "After Head Constable Dagadu Baba Kharat (PW-4) came forduty to that hospital, the above duty doctor informed him about theincident, and also that Chandrakala was still in a position to make astatement.", "PW-4 recorded the second statement of Chandrakala (exhibit 28)in the presence of PW-5 and the staff nurse after PW-5 certified that shewas in a position to give a statement.", "Chandrakala stated that theappellant poured kerosene on her from a ten liter drum, and then set her onfire since she declined to accept his demand of a golden ring of one tola,and transfer of the land belonging to her maternal uncle to him.", "Accordingto this statement one neighbour Baba Saheb Vitekar had extinguished thefire, and then she was brought to the hospital.", "Thereafter, her thumbimpression was obtained on the statement after reading it to her.", "Thissecond dying declaration was treated as the First Information Report(F.I.R.) and was registered at 10:10 p.m. as Crime No. 44/2000 underSection 307 I.P.C. for attempt to murder.", "Mother and brother of Chandrakala were however not present at that time asthey could reach the hospital only after she had passed away.", "After herdeath the charge was altered from the one under Section 307 to the oneunder Section 302 I.P.C.", "During the trial, the prosecution examined five witnesses.", "PW-1 Dr. Abhijit Boralkar who performed the post-mortem gave the cause ofdeath as follows:-", "“Death due to cardio-respiratory failure (due) to shock due to extensive burns 91% superficial to deep.", "”Thus, there is no dispute over the cause of death.", "The question is as tohow she received the burn injuries.", "The mother (PW-2) and brother (PW-3)of Chandrakala supported her version as to why, she suffered the burninjuries viz., that appellant was insisting that she fetch a golden ring,and also to transfer her maternal uncle’s land to him for last about twomonths, and that her refusal has led to this gruesome act by him.", "Thedefence of the appellant in this behalf was, however, inconsistent.", "In hisstatement under Section 313 of Cr.PC he indicated the probability ofaccidental death due to bursting of the stove.", "The investigating officerP.I. Kandre, however categorically stated that during examination of theplace of occurrence no furnace, stove or cooking articles were found overthere.", "The appellant examined three witnesses in his defence.", "Theiryounger son Ramesh (DW-1) stated on the other hand that his mother hadcommitted suicide.", "The cause for committing the suicide as stated byRamesh was however very flimsy viz., that he had asked his mother to givehim Rs.2 for watching a movie, which she had declined.", "This had led theappellant to scold her, because of which she went inside the house andbolted the door.", "Later on when Ramesh was playing outside the house, andwhen his elder brother and father were also outside the house, his sisterShobha who was playing at the neighbour’s house raised the alarm thatChandrakala had set herself on fire.", "According to Ramesh the appellantclimbed on the roof, removed one of the tin sheets and jumped inside, toremove the bolt of the door when it was found that the deceased was lyingon the floor in a burnt condition.", "A close relative of the appellant viz.", ",Mhase Nagu Vitkar (DW-2) was examined who also gave similar evidence.", "Asfar as the statement of Ramesh (DW-1) is concerned, the same was discardedfor the reason that it was a hearsay based on the statement allegedly madeby Shobha to him and Shobha was not examined.", "Besides, the house of theneighbour where Shobha was supposed to have been playing, was at a distanceof about 150 feet from the house of deceased, and there were many houses inbetween the two houses.", "Therefore, her statement of coming to know thatChandrakala had set herself on fire could not be accepted, since Shobhawould not have been able to know the same from such a distance.", "Similarly,the statement of Ramesh that his father had jumped into the house afterremoving the tin sheet of the roof could not be accepted for the reasonthat though he is claimed to have suffered an injury in the process, at thetime of his arrest in the night of 6.4.2000, the appellant declined to goto any hospital (as the arrest panchnama records) when asked whether hesuffered from any pain or injury.", "This leads to the discarding of thestatement of Dr. Satpute (DW-3) also, who is said to have examined theaccused two days subsequent to the incident, on 8.4.2000, and noticedabrasions on his left elbow and arm, and a burn injury on left elbow.", "Thestatement of DW-2 was also not accepted for the reasons that he was aperson of 70 years of age who accepted that he could not see beyond 15-20feet.", "He would not have come to know of the incident when his house issituated at a distance of 150 feet from the place of occurrence.", "Consideration of the submissions on facts:", "The question before us is as to how Chadrakala received theburn injuries.", "There are two versions before us viz., that the appellantpoured the kerosene on her, and the other that the deceased poured it onherself.", "The version given by the deceased is contained in her statementsrecorded at the earliest opportunity by two different persons who had noreason to record what they have recorded, unless she had stated so.", "Andconsidering the solemn occasion when she was making the statements, therewas no reason to discard the same as being untrue.", "The first statement wasrecorded at 9:15 p.m., i.e. just one hour and fifteen minutes after theincident when she was brought to the hospital.", "The second statement wasalso recorded within an hour thereafter at about 10:10 p.m. Chandrakala wasfully conscious at that time and was required to be given sedatives only atabout 10:30 p.m. This statement assumes significance since it was recordedwhen her family members including the appellant were present.", "Besides, herbrother and mother have subsequently confirmed her statement that herhusband was greedy and used to harass her for his demands.", "There was nooccasion of their tutoring her since they reached the hospital only afterher death.", "It was submitted on behalf of the appellant that the failure ofthe prosecution to examine Baba Saheb Vitekar (who extinguished the fire)was fatal.", "In this connection, we must note that this Baba Saheb was notpresent when kerosene was poured on Chandrakala and the fire started.", "Hecame lateron to extinguish the fire and could not have thrown any light asto how the incident took place.", "The learned Counsel for the appellant principally submittedthat as far as the two dying declarations of Chandrakala are concerned,there was no corroboration to the same, and the uncorroborated dyingdeclarations could not be accepted.", "It was contended that there is avariation between the two dying declarations with respect to the reasonsfor setting her on fire.", "Now as far as this variation between the twostatements is concerned, it is only this much that in her first statementChandrakala had stated that the appellant used to harass and ill-treat herbecause he was demanding gold from her, and was asking her to marry hersister to him for which she was not agreeable.", "In the second dyingdeclaration she had once again stated that he was demanding gold from her,but had also added that he had sought the transfer of the land belonging toher maternal uncle to him.", "This time she has not stated about hisinsisting to marry her sister.", "The demand for gold is the common factorin both the statements.", "In the first statement she has additionallyreferred to his insisting on marrying her sister, whereas in the second oneshe has referred to his demand for the agricultural land of her maternaluncle.", "The Sessions Court and the High Court have not given any importanceto this variation, and in our view rightly so.", "This is because one mustunderstand that Chandrakala had suffered 91% burn injuries.", "Earlier, theduty-doctor had asked her as to how the incident had occurred, and later onthe Head Constable on duty had repeated the query.", "Any person in such acondition will state only that much which he or she can remember on such anoccasion.", "When asked once again, the person concerned can not be expectedto repeat the entire statement in a parrot-like fashion.", "One thing is veryclear in both the statements viz., the greed of the appellant and her beingharassed on that count.", "Besides, it is relevant to note that her motherand brother have both corroborated her statement that the appellant wasdemanding gold and land from her.", "Initially Chandrakala spoke about thisdemand for gold and later also for the land.", "This cannot in any way meanan attempt to improve.", "Similarly, the non-mention on the second occasionof his insistence to marry her sister cannot mean an omission to discredither statements.", "As against that, as far as the version put up by the appellant isconcerned, it is based on the hearsay version of his daughter Shobha whowas supposed to be playing at a house at a distance of 150 feet fromappellant’s house.", "She has not been examined and her version as reproducedby Ramesh is pressed into service, and an attempt is thus made to put up aprobable parallel story though the story is highly improbable bordering onfalsehood.", "The Courts below rightly rejected thisparallel version as there is no foundation to the same.", "This is as againstthe one which is propounded by the prosecution, which in the circumstancesis the only acceptable version.", "Initially, the appellant took the defenceon 19.8.2002 that Chandrakala perhaps died due to an accident.", "This can beseen from his answer to Question No.20 in the course of statement U/s 313of Cr.PC, where he stated as follows:-", "“I had done nothing.", "Electricity was off.", "I was not present at the house.", "She might be doing cooking at stove.", "Whether there was outburst of stove is not known to me.", "My son had told me that his mother had been injured and then I went at the hospital.", "Thereafter, Police caught me and took me to jail.", "Thereafter, I was there inside.", "I had nothing to say more.", "”Thus at that stage he did not state that he jumped into the house to rescuehis wife.", "Besides, he stated that he did not want to lead any defencewitness.", "Nearly, two years later he examined defence witnesses on15.7.2004 to raise the plea of suicide, which was clearly an afterthought.", "Therewas no reason for him to abscond if he had not indulged in the act ofpouring kerosene on his wife.", "Submissions on Law" ]	[ "Section 302 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
512734	[ "The accused Rabindra Paridha is also known as Rabindra Parija as well as Arun.", "The accused Babula Jana is also known as Bishal.", "The accused Jagat Kr.", "Jana is also known as Jagadish.", "From the evidence of P.W, 2 Rabindra Jhunjhunwala we get that the accused Jagadish was engaged by him in his house as demestic servant 18/ 19 days before the date of occurrence and the accused Bishal was employed in his house as demostic servant 3/4 days after the accused Jagadish was employed.", "The accused Arun, as we get from P.W. 2, also worked in the house as demostic servant only for three days before the above named other two accused were engaged as demostic servant.", "P.W. 2 however says that Arun sometimes used to come to their house to meet Jagadish.", "From P.W. 2 we also get the time of departure of different members of the family every day.", "Jagadish used to escert Megha and Swati, the two dautghters of Rabindra Jhunjhunwala, to the bus step at about 6.30 a.m. so that the said two daughteres could board the school but there.", "The evidence of P.W. 2 is that as usual between 8.30 a.m. and 9 a.m. he left house for his Dall Mill Factory, situated at 2, Canal East Read, Ultadanga and while he left for that Dall mill on the date of acccurrence, namely, 18th September, 1991 there remained his wife and his youngest child Prince and the two servants Jagadish and Bishal in the house.", "Jagadish had by that time returned from the bus stop where he had gone with the two daughters of Rabindra Jhumjhunwala so that they could board the school bus.", "The youngest child Prince was a boy and a student of Julien Day School and he used to leave the flat forgoing to school at about 9.30 a.m. From P.W. 2 Rabindra Jhunjhunwala we also get that he usually used to return for lunch between 2.30 and 3 p.m. On that day also he returned at 3 p.m. The age of the eldest daughter of Rabindra Jhunjhunwala, that is, Megha was about eight years and that of the second daughter, Swati was about six years while the age of the son Prince on the date of occurrence was about four and half years.", "P.W. 14 Ram Prasad Jhunjhunwala, the father of Rabindra Jhunjhunwala lives at 8, Madan Chatterjee Lane (Sitala Gali).", "He lives there with his wife P.W. 8 Shanti Devi and their youngest son P.W.9 Rajendra and his wife P.W. 13 Kusum.", "Since she was aged about nine years at the time of her examination in Court she was tested by the learned trial judge about her competnece to depose by putting certain questions and each was administered to the witness only after the trial Judge was satisfied that the witness was quite intelligent and was also giving right answers to questions put by him.", "She testifies to the fact that on the date of occurrence, namely, on 18th September, 1991 which was Wednesday she left her residence for school at about 6.30 a.m. with her sister and they were escorted up to the bus stop by the accused Jagadish.", "She also says that her younger brother Prince used to leave for this school at about 9.30 a.m. On that day she and her sister Swati returned to their flat from their school at about 1 -30/2 p.m. and they found that the entrance door of the flat was open and after going inside the flat they found the almirah open in the room and found neither their mother nor the servants.", "They shouted and searched for their mother and then found that their mother Sunita Devi was lying in the bathroom and blood was coming out of her mouth and her lips are covered with cloth which has been described as patti.", "Megha removed that patti and tried to raise her mother but she did not respond.", "Then Megha rang up the wife of her maternal uncle at Salt Lake.", "She also rang up her aunt at Sitala Gali and informed them about the state of affairs in the flat.", "From her cross examination we get that after going back (from the school) and on seeing all that she has described, she tried to ring up her father but could not contact.", "She also says that the patti which she found on the lips of her mother was of red colour.", "On receipt of Megha's telephone P.W. 6 Shrimati Sarada Devi, the wife of the deceased Sunita's brother came to the flat of Rabindra Jhunjhunwala along with her son P.W. 7 Sanjay Bhaniramka alias Pinku.", "P.Ws. 6 and 7 corroborate the deposition of Megha about the telephonic information conveyed to them by her at about 2 p.m. They came to the flat of Rabindra Jhunjhunwala with 20/25 minutes thereafter.", "P.W, 6 Sarda Devi says that on going to the flat she was led by Megha to the place where the body of her mother had been lying and Megha told that she untied the cloth from her mouth.", "She says that she found that the almirah was open and the key was placed in the hole of the almirah and that the articles were found to be at sixes and sevens in the house.", "She also did not find the V.C.R. at the place where it used to remain.", "According to her evidence, about ten minutes after she reached the flat Megha's grand-father, grand-mother, uncle and uncle's wife Kusum and Dilip Jhunjhunwala arrived at the flat.", "She also found the red cloth, some other clothings, some broken bangles, specticles etc. near the dead body and also blood on the floor and on the mouth.", "She identifies all the three accused and says that the accused Jagadish arid Bishal were working in the house of Rabindra Jhunjhunwala for 10/15 days arid before that Arun worked in that house for 3/4 days.", "In her cross-examination she says that she did not do anything positive but her husband asked Dilip to inform police.", "It may be mentioned here that P.W. 15 Ramji Chowdhury is that tempo/van driver.", "P.W. 14 Ram Prasad Jhunjhunwala says that at about 9/9.30 a.m. he handed over one cheque and share application form to his tempo driver (Ramji) and asked him to get signature of Sunita thereon.", "His further evidence is that after returning from Sunita's house Ramji reported to him that Bahuji (meaning, Sunita Devi) was not in the flat and that she would be back at 3 p.m. He also says that on 19th September, 1991, that is, on the next day in the morning Ramji came to his house at about 9 a.m. and reported that on the previous day when he had been returning from Kankurgachhi flat he saw that the three servants Arun.", "Jagadish and Bishal were going towards Maniktala Main Road with a green bag and further told that while he came to the flat at Kankurgachhi Jagadish and Bishal opened the door and reported to him that Bahuji had left for her relatives house and would return at about 3 p.m. The learned Advocate for the appellants/accused criticised as to why Ramji did not tell Ram Prasad on 18th September, 1991 that he had seen the three servants Arun, Jagadish and Bishal go through Maniktala Main Raod and that while he came to the flat of Rabindra Jagadish and Bishal opened the door and reported to him that Sunita had left for her relative's house.", "In this connection P.W. 15 Ramji Chowdhury says that he reached the Kankurgachhi flat at about 10-30 a.m. with the share application form and cheque given to him by Ram Prasad Babu and when he rang the door bell of the Kankurgachhi flat the servants Jagadish and Bishal opened the door and told that Bahuji was absent and on his query further told that she had gone to her relative's house and would come back by 3 p.m. He also says that when he had been waiting (thereafter) at 3A Bus Stand he found that Jagadish, Bishal and Arun were proceeding through Maniktala Main Road and also found a green coloured (Hara) bag in the hand of Jagadish.", "Returning to the house of Ram Prosad, according to his evidence, he reported to him about the absence of Bahuji and her expected return at about 3 p.m. and he was then directed by Ram Prosad to go to the mill.", "P.W. 15 further says that on the next day, that is, on the 19th September, 1991 he told Ram Prosad Babu that on the previeous day he found that the three servants were proceeding through Maniktala Main Road with a green bag and that Bishal and Jagadish on the previous day opened the door and told him that Sunita had gone to her relative's house and would be back by 3 p.m. These statements of Ramji Chowdhury that the accused Jagadish and Bishal opened the door of the Kankurgachhi flat on the previous day when he went there and that the three servants including Arun were seen by him thereafter, while he was waiting at the bus stand, to proceed along the Maniktala Main Road with a green coloured bag in the hand of Jagadish were not of any significance on the 18th September, 1991 to Ramji because he was not yet aware when he came back to Ram Prosad on 18th that Sunita Devi had been murdered.", "In the circumstances it is quite understandable why he did not report these facts to Ram Prosad on 18th when he came back to him from the Kankurgachhi flat.", "By next day however obviously the fact of murder of Sunita Devi became known to everybody and that is why Ramji might have, quite appropriately, considered it fit and proper to report that on the previous day when he went to the Kankurgachhi flat the two servants opened the door and reported that Sunita was not in the flat, and also that later while he was waiting at the bus stand he saw that the three servants were going along the Maniktala Main Road togehter with a green coloured bag in the hand of one of them.", "On the date of the occurrence he left his flat between 8.30 and 9 a.m. and returned at 3 p.m. By that time his other relatives had already arrived at his flat on receipt of Megha's message over phone.", "Accordingly it cannot be said that the non-examination of Ram Prosad Jhunjhunwala and Ramji Chowdhury on 18-9-1991 stands un-explained.", "They were examined on the every next day and I do not find that there was anything wrong in it.", "P.W. 26 D. Baidya, the I.O. says that on 20-9-1991 he took further statement of the complainant Rabindra Jhunjhunwala who gave the details of the articles lost.", "As I ahve already mentioned he took charge of the Investigation from the first I.O. D. Baidya.", "His evidence is that on 27-9-1991 on the basis of information he along with Rabindra Jhunjhunwala went to Howrah Station and there at about 10-20 a.m. arrested the accused Rabindra Parida alias Arun and accused Bishal on the identification of the complainant.", "He also speaks about recovery of seizure from these two accused there in presence of two witnesses.", "He further says that the two arrested accused persons were then taken to Lalbazar and were interrogated and their statements were recorded.", "It may be mentioned here that it has been suggested to these two witnesses during their cross-examination that they were not going to Rishra but were going to Balasore which however they have denied.", "Now, even if they had any complicity in the matter in the sense that they had knowledge or reason to believe that the concerned articles were stolen properties that would not have exenorated the accused persons in respect of their liability for participation in the commission of the crime.", "P.W. 12 Dr. Rabindra Basu is the autopsy surgeon who held post mortem examination on the dead body of Sunita Devi Jhunjhunwala.", "He is a Prefesser and head of the Department of Forensic and State Medicine and Vice-Principal, N.R.S. Medical College and Hospital.", "It is also the defence case as suggested to the prosecution witnesses in cross-examination that the murder was committed not by the accused persons but by the husband of the deceased and his other relations conjointly.", "The accused Rabindra alias Arun however admitted in his examination under Section 313, Cr.", "P.C. that he had worked in the flat of P.W. 2 Rabindra Jhunjhuriwala at Kankurgachhi for about three days.", "He however says that then he had come home.", "He also admits in his examination under Section 313 Cr.", "P.C. that Prince used to go out (for school) at about 9.30 from his house and that Rabindra Jhunjhuriwala used to go out between 8.30 a.m. and 9 a.m. forgoing to their Dall mill factory at East Canal Road, Ultadanga.", "P.C. that Megha and Swati are Rabindra Kumar Babu's daughters and they used to return from school at about 1.30/2 p.m. He however says that he was in his village at the relevant time.", "He however says that at the relevant time and on the date of occurrence he was in his village at Orissa.", "He says that police have held and brought him from Orissa although he says that he has done work and gone to his village about 5/6 months ago.", "Now let us look to the seizures made in the case.", "The seizure under the said seizure list was made between 5 and 6 p.m. on 18-9-1991 in the flat of Rabindra Jhunjhunwala.", "The articles seized under said seizure list include two lunghis, one full sleeved shirt having blood stains, one short pant, one cotton sari, one red cloth piece with blood stains, one ashari, broken pieces of plastic churies, one pair or specticles, one key and also one bunch of keys.", "It appears from the seizure list that the key was found lying at the time of seizure on the floor of the passage near the main entrance gate of the flat.", "It also appears that the bunch of keys was found at the time of seizure in the door of the almirah in the room.", "The other articles were found to be lying at or in the neighbouring place where the dead body was found lying.", "It also appears that at the time of seizure the items at serial Nos. 1 and 5, namely, lunghi and short pant were identified by Rabindra Jhunjhunwala as the articles which belonged to Bishal and the articles at serial Nos. 3 and 6, namely, the shirt and lunghi were identified by him as article belonging to Jagadish.", "on recovery of the articles seized thereunder from the accused Babula Jana who is also known as Bishal.", "That seizure list in respect of seizures made from the said accused Bishal includes, besides one railway ticket from Howarah to Balasore, several items of gold and silver ornaments such as gold bangles fitted with small pearls, gold bala fitted with read stone, gold hair pin, gold ear jhumka, gold button, gold ring fitted with diamond, neck chain fitted with locket with diamond stones, silver payal etc. Exhibit 5/6 is the seizure list dated 27-9-1991 prepared between 10.35 a.m. and 11.25 a.m. The articles seized under that seizure list was receivered from the accused Rabindra Parida on platform No. 13 of the Howrah Railway Station.", "The articles seized thereunder include gold Ambriti Bala, gold bala fitted with red stones, four pieces of gold bangles fitted with small pearls, gold bangle fitted with pearls, gold neckless, gold tiklis, gold hair pin, two pairs of gold cuflings, gold locket, broken neckless fitted with diamond, perl chain, ticklee fitted with small diamonds, having a locket, button set, silver payel, finger ring fitted with diamond, earring, silver key ring, railway ticket from Howrah to Balasore, etc. Exhibit 6/5 is another seizure list prepared on 27-9-1991 between 6 and 6.30 p.m. in respect of recovery made from the servant's room occupied by Baikunta Beara on the 16th floor of Kailash building, 35/1, Chowranghee Road.", "That seizure was made at the pointing out of the accused Jagadish.", "The articles seized under the said seizure list include one large olive green canvas bag containing one national V.C.R. gold necklace, gold churi, gold dhunichi, silver dot pen, silver finger ring, loose pearls, etc. Exhibit 14/2 is yet another seizure list prepared on 7-10-1991 between 3.45 and 4.30 p.m. on production of articles by Dilip Pal.", "This seizure list include a pair of gold bangles fitted with red coloured stonces, paid of gold wrist-let, gold chain with locket, gold noses kamta, one Titan Quartz wrist watch.", "We have seen that pursuant to the statement of accused Rabindra Parida and on being led by him the police went to the witness Dilip Pal at Chetlahat and there these articles were produced by Dilip Pal.", "The evidence of Dilip Pal shows that those articles were given to him by accused Rabindra Parida for keeping the same in his custody.", "The articles seized under the said seizure lists 4/6.57 6, 6/5 and 14/2 have been identified by P.W. 2 Rabindra Jhunjhunwala and his mother P.W. 8 Shanti Devi Jhunjhunwala as the articles belonging to Rabindra Jhunjhunwala and his deceased wife Sunita Devi.", "JUDGMENT Gitesh Rajan Bhattacharjee, J.", "This judgment deals with and disposes of the reference made under Section 366, Cr.", "P.C. by the learned Additional Sessions Judge, 11th Court, Alipore, seeking confirmation of death sentence imposed by him on the accused persons in S. T. 3(9) 92/S.C. 13(2) 92 and the appeal preferred by the appellants/accused persons against the order of conviction and sentences including the death sentence passed by the learned Additional Sessions Judge in the said case.", "The informant Rabindra Jhunjhunwala was residing at the relevant time in the 3rd floor flat at P-51, C.I.T. Scheme VII-M, Maniktala, Calcutta with his wife Sunita Jhunjhunwala and three minnor children.", "At the relevant time two servants were also working in his house.", "The appellants/accused persons have been convicted and sentenced by the learned trial Judge for committing murder of the said Sunita Jhunjhunwala in the said flat on the 18th September, 1991 and also for committing robbery in that flat at that time.", "Each of the three accused has several names and in evidence reference to each accused has been made on different occasions by referring to any of such names.", "To obviate the possibility of any confusion regarding the identity of each accused while appreciating the evidence, it is considered necessary to note here the several names of the accused persons which has transpired in evidence.", "She also says that she knows (the accused) Bishal and Jagadish who used to work at that time in the flat of Rabindra Jhunjhunwala and before them Arun also worked for few days in their house.", "She further says that she knows Arun as he worked in her house also for 2/3 days.", "She identifies all of them but she says that when she went to the flat after receiving Megha's call she did not find the accused Bishal and Jagadish in the flat.", "She says that Sunita was scheduled to come to their residence at about 4 p.m. on that day and as such at 12-30 p.m. she rang up (Sunita) but there was no respense though the telephone rang.", "The second batch of comers to the flat of Rabindra Jhunjhunwala on receipt of Megha's telephone are P.W. 13 Kusum Jhunjhunwala, P.W. 14 Ram Prasad Jhunjhunwala, P.W. 8 Shanti Devi Jhunjhunwala, P.W.9 Rajendra Jhunjhunwala and P.W. 5 Dilip Jhunjhunwala.", "P.W. 13 Kusum Jhunjhunwala is the wife of Rajendra Jhunjhunwala who is the brother of Rabindra Jhunjhunwala.", "They reside at 8, Madan Chatterjee Lane.", "She corroborates the evidence of Megha and says that at about 2 p.m. Megha rang her up and reported that her mother had been lying in the bathroom and that her mouth was tied by cloth which was united and the almirah of the flat was open, and she asked her to come sharp.", "She next says that just after attending the call when she was about to go out she saw that her husband had returned from the mill and she told him and her parents-in-law what she heard from Megha and then they started for Megha's house.", "On reaching the Kankurgachhi flat (of Rabindra Jhunjhunwala) she found that the two sisters Megha and Swati were weeping and found Sarda Devi and Pinku (Sarda's son) consoling them.", "She further says that on going to the bathroom she found that the major portion of me body (of Sunita) was inside the bathroom and only legs were outside the bathroom.", "P.W. 8 Shanti Devi is the mother of Rabindra Jhunjhunwala, She resides at 8, Madan Chatterjee Lane with her husband and her one son Rajendra and Rajendra's wife.", "According to her evidence on the concerned date at about 2 p.m. Kusum, the wife of her youngest son reported to her weeping that she had come to know from Megha over phone that Megha's mother had been lying in the bathroom and not responding to any call and asked them to go sharp.", "On hearing this Shanti Devi, her husband Ram Prasad, her son Rajendra and his wife Kusum, and Dilip.", "son of the elder brother of Shanti Devi's husband came to Kankurgachhi flat and found that the two daughters Megha and Swati were weeping and also found that Megha's Mammi Sarda and her son Pinku were present there and Sarda was trying to console Megha and Swati.", "She also testifies that Sunita Devi's body was inside the bathroom and legs outside.", "She deposes that she found the almirah open and found the key placed in the key hole of the almirah and the articles were lying at sixes and sevens and also did not find the V.C.R. She identifies the ornaments given to Sunita Devi at the time of marriage.", "It may be mentioned here that these ornaments were found missing from the flat after the occurrnece and the subsequent recovery of the same implicates the accused persons.", "P.W.9 Rajendra Jhunjhunwala is the son of the P.W.8 Shanti Devi and the brother of Rabindra Jhunjhunwala.", "He resides with his parents as 8, Madan Chatterjee Lane, Sitala Gali.", "According to his evidence on the relevant date he returned home (8, Madan Chatterjee Lane, Sitala Gali) from their Dall mill at about 2 p.m. and then his wife reported to him about the telephone call from the Megha and thereafter he along with his wife, mother, father and Dilip Jhunjhunwala went to the Kankurgachhi flat.", "They reached there at the Kankurgachhi flat at about 2.30 p.m. At that time Megha and her sister Swati and their Mammi Sarada and her son Pinku were only present in the flat.", "But they did not find the servants there.", "He also testifies to the fact that Sunita Devi's body was lying inside the bathroom and legs outside.", "He says that some clothings, some broken glass bangles were found scattered around the body and a red cloth was found there by the side of the body.", "He found a key lying on the floor in the passage, and in the bedroom he found the almirah open and the key placed on the key hole of the almirah.", "The learned Advocate for the appellants/accused submitted that while some witnesses said that the key was lying on the passage some said that the key was in the key hole of the almirah and therefore there is a vital contradiction which would cast a serious doubt about the prosecution version of the occurrence.", "Firstly, I would like to say that even any seeming contradiction in the evidence of some witnesses as to where the key was found lying after the occurrence would not by itself be a sufficient ground for discrediting the entire prosecution case or the vital part of the same.", "Secendly, from a reading of the entire evidence it would appear, and this is also made clear by the evidence of P.W. 9 Rajendra Jhunjhunwala that in fact two sets of keys were found, one lying on the floor of the passage and the other in the key hole of the almirah in the bedroom from which the articles had been removed.", "Therefore, there is no contradiction in the prosecution evidence about the keys found in the flat by the witnesses who arrived that soon after the occurrence.", "P.W. 9 Rajendra Jhunjhunwala also says that they found the articles inside the almirah ransacked and did not find the golden ornaments.", "They also did not find the V.C.R. He also testifies to the fact that the accused Jagadish and Bishal were two servants who used to work in the house of Sunita Devi at the relevant time.", "From him we also get that their dall mill is run on partnership between his father and the latter's friend Ram Krishan Sarath.", "He looks after the Dall mill on behalf of his father.", "He says that on his request Dilip had first tried to connect the P.S. over phone and having failed they went to the P. S. to report the matter.", "In his cross-examination he says that no neighbour was found present when he reached there nor does he remember if any neighbour or outsiders subsequently came at that flat.", "It has been commented upon by the learned Advocate for the accused appellants that the absence of neighbours is somewhat unusual.", "Even if it is accepted that no neighbours came there after the incident when the relatives of the deceased reached there, that by itself does not falsify the death or for that matter, murder of Sunita Devi in that flat regarding which there is overwhelming evidence.", "In his cross-examination it has also been taken that there is another house to the north of the flat of Sunita.", "There is also another house to the east of that flat about 5/6 cubits away.", "Such topographical descriptions are of no consequence in a case like this where a gruesome murder of a helpless house-wife has been committed inside the bathroom of her flat by her own servants staying in the flat and who must have, taking advantage of the confidence and faith reposed in them by their master, taken all pre-arranged and precautionary measures to commit the murder inside the flat in secrecy without drawing the attention of the passers-by and neighbours and without giving sufficient opportunity to the victim to raise cries to be heard by neighbours and passers-by.", "As we have seen from Megha's evidence when she first saw the dead body of her mother in the bathroom her mouth was tied by a red cloth.", "Obviously, that was done by the miscreants for giving no opportunity to the victim to raise cries for attracting attention of neighbours and passers-by.", "For servants who are supposed to be faithful and staying in the flat it is not at all difficult to seize an opportunity to suddenly overpower the mistress of the house while she was alone with them in the flat by taking a surprise move to shut her mouth thereby preventing her from raising any cries loud enough to attract the attention of others who might or might not have been there in the neighbourhood outside the flat.", "P.W. 9 Rajendra says that besides the Dall mill business his father does business in share by applying for it.", "It has been suggested to him in his cross-examination on behalf of the accused persons that he, his father Rabindra and Ramesh (another brother of Rabindra) in the absence of the children went in their tempo van driven by Ramji Chowdhury to the flat of Rabindra and used the duster of the vehicle for tying it on the neek of Sunita and by pressing the same caused her death.", "It is further suggested to him in cross-examination that they murdered Sunita on her refusal to sign blank cheque on demand and then manufactured the story.", "It is also suggested to him in cross-examination that by a premeditated plan they discharged their faithful servant only 10/20 days before two unknown persons were engaged as their servants and that to cover up their crime they drove away the two servants just on reaching and they directed the driver to go away after they drove the vehicle up to the flat.", "It is needless to mention that all these defence suggestions were denied not only by this witness but by other witnesses to whom also such suggestions were given.", "Suffice it to say that such suggestions, - far from being substantiated by evidence - are desperately crude and devoid of any plausibility capable of generating even a semblance of acceptability from any angle of view.", "P.W. 5 Dilip Jhunjhunwala, as we have seen, is the sen of the brother of the father of Rabindra Jhunjhunwala.", "He has an electronic shop at 5, Dwarka Nath Tagore Lane.", "His evidence is that on 18th September, 1991 at about 2 p.m. when he was returning from his shop his uncle Rajendra Jhunjhunwala met him and informed that a telephone call from Megha came to Kusum and Megha informed about the condition of her mother etc. in the flat and requested to come sharp.", "He says that then they went to the Kankurgachhi flat.", "His evidence as to what he saw after reaching the Kankurgachhi flat of Rabindra Jhunjhunwala is rather consistent with what the other wintesses have said which I have already discussed.", "He says that for 2/ 3 minutes he tried to contact the police station over telephone, but having failed he went to the Maniktala P.S. and lodged a general diary there at about 3 p.m. Exhibit 9 is that general diary entry wherein it is recorded that one Dilip Jhunjhunwala came to the P.S. and stated that his aunty Smt. Sunita Devi Jhunjhunwala was lying dead inside her flat at P-51, C.I.T. Scheme VII-M. It is argued by the learned Advocate for the appellants accused that this G. D. entry being the first information to the police regarding the commission of the offence the same should have been treated as F.I.R. and that, the formal F.I.R. recorded on the basis of subsequent statement of Rabindra Jhunjhunwala cannot be taken into conideration in the case as the same am not be treated as F.I.R. in this case.", "This contention, I must say, is devoid of merit.", "As we have seen the concerned G. D. entry is only a cryptic information that Sunita Devi was lying dead inside her flat and nothing more.", "There it is not even stated that she was murdered or any offence was committed.", "Such a cryptic information was lodged and recorded only for the purpose of inviting police attention to the matter.", "A bald statement that a particular person was lying dead, for obvious reason, cannot constitute the first information report regarding the commission of an offence and therefore there is no reason to ignore the first information report which was recorded subsequently on the basis of the statement of Rabindra Jhunjhunwala.", "P. W. 14 Ram Prasad Jhunjhunwala is the father-in-law of the deceased Sunita Devi.", "He also came to the Kankurgachhi flat on the date of occurrence along with the other persons, namely, his wife Shanti Devi Jhunjhunwala, Kusum, Rajendra and Dilip after getting message from Megha.", "He says that on that day, that is, 18-9-1991 in the morning he telephoned from his house to the mill to send his tempo driver to him.", "He found that his wife was lying in a pool of blood and blood was coming out of her mouth.", "Police Officers arrived at the flat at about 3.30/3.15 p.m. and recorded his statement on the basis of which formal F.I.R. was drawn up later at the P.S.", "He also says that police interrogated both of them and being led by them they went along with the police officer at Kailash Building, Chowranghee.", "Road wherefrom accused Jagadish was arrested.", "He further says that from each of the accused some articles were recovered and seized by the police.", "From the evidence of the I.O. it would however appear that the accused Bishal and Arun were taken to Lalbazar (police headquarters) for interrogation by the police after their arrest at Howrah Station and from there persuant to their statement they went to the Kailash Building on Chowranghee Road on being led by the said accused persons and from there the accused Jagadish was arrested and certain articles were recovered.", "It has been argued by the learned Advocate for the appellants/ accused that while the I.O. says that the accused Bishal and Arun were taken to Lalbazar from the Howrah Station and later they were taken to Kailash Building, Chowranghee Road, P.W. 2 Rabindra Jhunjhunwala does not say that the accused Bishal and Arun were taken to Lalbazar from the Howrah Station after their arrest.", "In my opinion, this is really no contradiction as Rabindra Jhunjhunwala while deposing on the aspect of arrest and recovery from the accused persons were confining himself only to the salient aspects of the arrest and recovery and that is why his statement does not include the Lalbazar part of the events relating to the accused Bishal and Arun.", "He identifies the articles recovered and seized from his house including the lunght, shirt and pant of the accused found near the dead body of his wife.", "He also identifies the bunch of keys which his wife used to keep with her always and which was seized by the police from his flat and marked as exhibit-I as well as the key which was seized and marked as exhibit-IV.", "He also identifies the various other articles recovered from the different accused persons.", "In the F.I.R. which was lodged by this witness P.W. 2 Rabindra Jhunjhunwala he stated that checking the almirah he could remember that gold and jewellery worth Rs. 2 lacks including diamond sets etc. were missing and that the details of the missing ornaments would be supplied later on.", "It was also stated in the F.I.R. that their national V.C.R. was also taken away by the miscreants.", "The learned Advocate for the appellants/accused submitted that in the F.I.R. the petitioner could not give the details of the ornaments and articles taken away by the miscreants and this shows that the informant kept the door of concection open.", "Immediately after the occurrence the mental condition of the husband of the deceased must have been in a very disturbed state and at that time it was naturally not expected that he would be able to give a detailed list of all the articles missing from his house, more so where, as in this case, the number of missing articles and ornaments are rather numerous.", "P.W. 26 D. Baidya, Sub-Inspector of Police is the first investigating Officer (I.O.) of the case.", "At the relevant time he was attached to Maniktala P.S. On receipt of information about the death of Sunita Devi from Dilip Jhunjhunwala he recorded the same in the General Diary and then went to the spot with the officer-in-charge of the Maniktala P.S. Manas Banerjee, S. I. Subrata Basak and force and reached the flat at about 3.15 p.m. He directed S. I. Subrata Basak to call a doctor after finding that the dead body was lying there in the bathroom of the flat, a portion of the body being outside the bathroom.", "It may be mentioned here that P.W. 10 Dr. Santosh Kr.", "From the evidence of P.W. 26 S.I. D. Baidya we also find that at about 3.15 p.m. the officers of the Detective Department, Lalbazar also arrived at the flat.", "S.I. D. Baidya recorded the statement of Rabindra Jhunjhunwala and on being directed by the O.C. he took up the investigation of the case.", "He says that P.W. 24 S.I. Amulya Ratam Dey made seizure of the articles found scattered on the floor of the flat.", "He examined the witnesses Dilip Jhunjhunwala, Megha Jhunjhunwala, Swati Jhunjhunwala, Sohanlal Sharma, Prince and Sarda Devi Jhunjhunwala under Section 161, Cr.", "P.C. At about 9 p.m. he returned to the P.S. and filled up the formal F.I.R. on the basis of the recorded statement of Rabindra Jhunjhunwala.", "At the P.S. on that date he examined and recorded the statements of Shanti Devi Jhunjhuwala, Kusum Jhunjhunwala and Rajendra Jhunjhuawala.", "On the next day that is on 19-9-1991 he recorded the statements of P.W. 14 Ram Prosad Jhunjhunwala and P.W.15 Ramji Chowdhury.", "The learned Advocate for the appellants/accused submitted that the I.C.did not examine Ram Prosad Jhunjhunwala and Ramji Chowdhury on 18-9-1991 for the purpose of facilitating concoction of the case.", "I do not think that there is any substance in this suggestion.", "As we have seen, Ramji Chowdhury came to the Kankurgachhi Flat on 18-9-1991 when the death of Sunita Devi in that flat did not yet come to light.", "At that time he was told by the two servants that Sunita Devi had gone out and would return at about 3 p.m. Ramji Chowdhury accordingly left the place and went to Ram Prosad Jhunjhunwals and reported that Sunita Devi was not in the flat and would return by 3 p.m. and thereafter he had gone to the mill.", "But he as well as Ram Prosad Jhunjhunwala was examined on the very next day by the I.O. P.W. 18 Ramesh Jhunjhunwala is another brother of Rabindra Jhunjhunwala and son of Ram Prosad Jhunjhunwala.", "He says that on 18-9-1991 at about 8.15/8.30 p.m. when he came to his father's residence at 8, Madan Chatterjee Lane from his factory he heard the incident of death of Sunita from his father.", "His evidence therefore shows that his father Ram Prosad Jhunjhunwala who had earlier on receipt of information about the death of Sunita Devi gone with the other members of the family present in the house to the Kankurgachhi flat, had returned to his Madan Chatterjee Lane house before 8.15/8.30 p.m. That is why Ramesh on coming to his father's residence at 8, Madan Chatterjee Lane on that evening at about 8.15/8.30 p.m. came to know from his father (Ram Prosad Jhunjhunwala) about the incident of death of Sunita Devi.", "Since both Ram Prosad Jhunjhunwala and Ramji Chowdhury were not present in the Kankurgachhi flat in the evening on 18-9-1991, the I.O. had no opportunity to examine those two witnesses in that evening either at the flat or at the P.S. when he examined the other witnesses who were present there.", "On the basis of such statements and on being led by the two accused persons they went to Kailash building on that very date at about 5.45/6 p.m. and two witnesses were called there and in their presence a servant's quarter at the 16th floor of that building which was occupied by one Baikunta Beara was searhced and on the identification of the complainant and the accompaning two accused persons, the accused Jagadish was arrested from inside the said room.", "There one green colurned bag with national V.C.R. and certain other articles were recovered from the possession of the accused Jagadish and seizure list was prepared in presence of witnesses.", "On 28-9-1991, that is, on the very next day the three accused were produced before the learned Magistrate and police custody of the accused persons was prayed for.", "The I.O. Shri Amitava Lahiri says that on 7-10-1991 while in police custody the accused Arun made further statement on interrogation and led the I.O. to premises No. 19, Chetlahat Road, Alipore where the I.O. interrogated Dilip Pal in presence of another witness Jalal.", "Dilip Pal was pointed out by the accused Arun alias Rabindra Parida.", "The evidence of the I.O. of A. Lahiri is that on being asked by the accused Rabindra alias Arun.", "said Dilip Pal produced one cloth putli (Bundle) which, on opening, was found to contain some ornaments and a wrist watch and those articles were seized under proper seizure list in presence of witnesses.", "He also identifies the articles seized by him.", "I may mention here that at Howrah Station railway tickets from Howrah to Balasore were seized from the two accused persons arrested there along with the other articles.", "P.W.16 Lalu Das and P.W.21 Babu Srivastava are the two witnesses in whese presence the arrest of the two accused Arun and Bishal were made on the platform No. 13 of the Howrah Railway Station and recovery and seizure were made from the possession of these two accused.", "a.m. he was standing on platform No. 13 of the Howrah Railway Station and his friend Babu was with him and in their presence police caught hold of and arrested the two accused persons.", "He also identifies the articles recovered in his presence.", "In his cross-examination he says that one Bablu whose title he does not know requested him to stand at platform No. 13 of the Howrah Station forgoing to Rishra and they were so waiting.", "He says that Bablu was to purchase their railway tickets but no specific train was mentioned by Bablu.", "He further says that they had no meeting with Bablu on that date.", "He says that they were standing at about the middle point of the platform and many persons were present near them and police caught hold of the two accused persons in front of them.", "P.W. 21 Babua Srivastab also says that on 27-9-1991 he met Lalu Das at Howrah Staion and he and Lalu Das together were waiting on platform No. 13 as one of their friends had to take them to Rishra.", "It was about 10.30 a.m. at that time and on the said platform No. 13 police caught hold of two accused persons.", "He also speaks of seizure.", "He says that they were standing at a place whereform No. 13 starts.", "It has been submitted by the learned Advocate for the appellants/ accused that while P.W. 16 Lalu Das says that they were standing at about the middle point of the platform P.W. 21 Babua says that they were standing at a place wherefrom platform No. 13 starts.", "The learned Advocate for the appellants/accused therefore finds contradiction in the evidence of these two witnesses as to actually where they were standing.", "It is needless to say that in respect of a crowded platform the description regarding the place where one might have been standing on a particular occasion need not be taken to project a geometrical accuracy.", "Their evidence is consistent about the fact that the two accused were arrested from platform No. 13 when these two witnesses were standing there.", "They were waiting for another person for going to Rishra.", "It has been argued by the learned Advocate for the appellants/accused that the Court may take judicial notice of the fact that Rishra-bound trains do not start from platform No. 13 and that platform No. 13 is meant for South Eastern Railway trains.", "It may be mentioned here that the two accused persons were found waiting on plantform No. 13 when they were arrested.", "They had tickets with them for travelling to Balasore.", "Balasore being a place in the Sought Eastern Railway the presence of the accused persons on platform No. 13 with tickets for Balasore is not an unexpected event.", "It may be mentioned that Rishra-bound trains do not ordinarily start from platform No. 13 but for that reason the presence of the two witnesses Lalu and Babua on that platform at the relevant time need not be doubted.", "The witnesses have said that they were waiting for another person who had to purchase ticket for them for travelling to Rishra.", "Obviously, therefore they were waiting there not for exactly boarding a train from that platform but awaiting the arrival of another person in connection with their proposed visit to Rishra.", "The reason as to why the witnesses were standing on platform No. 13 could have been asked on behalf of the accused persons in their cross-examination but that does not seem to have been done.", "In the circumstances, it will not be justified to disbelieve the evidence of these two witnesses.", "Such suggestion also lends support to the presence of the two witnesses on the platform at the relevant time.", "Regarding the arrest of and recovery from the accused Jagadish the prosecution have examined P.W. 17 Bhanu Prosad Sharma besides the I.O. and the complainant, etc. In 1991 he used to go for work as security guard at Kailash building.", "According to his evidence on 27th he was on security duty in the evening at Kailash building when police came there with the two accused persons.", "The police told that they would go to the 16th floor of the building and then P.W. 17 Bhanu Prosad Sharma (Security Guard) an4B.D. Yadav, another security guard with police and three men who also went there with the police went to the 16th floor and police nocked one servants room in that floor and then Baikunta opened the door.", "His evidence corroborates the presecution case that the police arrested the accused Jagadish from that room and also recovered one V.C.R. and certain other articles there from a greenbag.", "From him we get that Baikunta was a servant of one Mr. Bansari.", "The other security guard of Kailliash building who was present at the relevant time is P.W. 11 Bishnu Deo Yadav.", "He also correborates the evidence of P.W. 17 Bhanu Prosad Sharma regarding arrest of the accused Jagadish from the room of Baikunta on 27-9-1991 at about 6/6.30 p.m. and recovery of green coloured bag and its contents including V.C.R. and ornaments etc. on production of the same by the said accused Jagadish.", "Regarding further recovery of incriminating articles from Alipore Road by the police on 7-10-1991 as a sequel to the statement and guidance of the accused Rabindra Parida alias Arun P.W. 19 Dilip Pal who is a resident of 19, Alipore Road which is just beside Chetlahat Road says that police came to their house with the accused at about 3.30 p.m. and the accused asked him to bring out the materials that he (the accused) had kept in his custody (i.e., the custody of the witnesses).", "He says that the said accused kept those articles in his custody stating that there had been disturbance in his family at his country home and by selling these articles he would raise money and distribute the same among the family members.", "The witness Dilip Pal returned the articles to police.", "Some such articles were one gold chain, two pieces of gold balas, one piece of Titan lady's wrist watch, etc. He further says that one Jalal who resides in that para also came to him at that time.", "The place where the witness resides is a basti bari where many people reside.", "He further says that about 15/20 days before the articles were recovered the same were kept in his custody and during this period he did not inform the police.", "He further says that even earlier, about six months before, the said accused kept chain with him and subsequently took the same away.", "P.W.20 Mohammed Jalal who is also another witness to the seizure made on production of articles by P.W. 19 Dilip Pal, was only tendered by the prosecution.", "In his cross-examination he however says that he signed on a blank paper at their para but he identifies his signature and says that Dilip Pal signed before him.", "P.W. 27 Amitava Lahiri, the I.O. says that he did not arrest Dilip Pal since Dilip Pal valuntarily produced the articles.", "He says that if stolen articles are recovered from any person the question whether such person should be arrested or not depends on the circumstances.", "As regards Baikunta Beara from whose room at Kailash Building the accused Jagadish was arrested and recovery was made the I.O. Shri Amitava Lahiri says that he did not arrest him (Baikunta) as his complicity was not found.", "He held the post mertem examination on 19-9-1991 at 1.45 p.m. He describes the injuries found by him on the dead body as well as the internal injuries.", "He says that all the injuries found by him were fresh and showed evidence of ante-mortem reaction.", "On the basis of his findings the autopsy dector is of the opinion that death was caused due to the effects of strangulation associated with smothering, ante-mortem and homicidal in nature.", "The doctor was also of the opinion that death of Sunita Devi took place sometime between 24 to 30 hours from the time of his holding the post morten examination on 19-9-1991 at 1.45 p.m. The evidence of the autopsy surgeen thus establishes that the Sunita Devi was murdered by strangulation with smothering and such murder was committed on 18-9-1991 sometime between 7.45 a.m. and 1.45 p.m. This rather convincingly fits in with the prosecution case about the manner of Sunita Devi's murder and the probable time of commission thereof.", "The defence plea, as can be gathered from the tenor of cross-examination of the prosecution witnesses as well as from the statements made by the accused persons while examined under Section 313, Cr. P.C., seems to be a plea of alibi inasmuch as it is the plea of the accused persons that they were not present there.", "He further admits that Megha and Swati used to return from.school at about 1.30/2 p.m. and that on that day at 8.30/9 a.m. when P.W. 2 Rabindra had started for the dall mill his wife Sunita Devi, son Prince, accused Jagadish and accused Bishal were the only persons present in the flat.", "He says that police had brought him from Orissa and assaulted him and made him sign on a blank paper and put him in jail.", "Similar statement also has been made by the accused Bishal under Section 313 Cr.", "The I.O. P.W. 27 A. Lahiri identifies exhibit XXII as the live green canvas bag which he seized from the accused Jagat Kr.", "Jana alias Jagadish.", "Identifying the said bag exhibit XXII P.W. 15 Ramji Chowdhury says that this type of bag was found by him in the hand of Jagadish.", "We may recollect that in his evidence Ramji Chowdhury stated that on being told by the accused Jagadish and Bishal that Sunita Devi was not in the flat and would return at 3 while Rarnji Chowdhury was coming back and was waiting at the 3-A bus stand, he saw that three accused were proceeding along Maniktala Main Road with a green bag in the hand of the accused Jagadish.", "As regards the recovery and identification of the seized ernaments and wrist watch it has been argued by the learned Advocate for the appellants/ accused that the articles were not placed in the T.I. Parade and as a result of which no reliance should be placed on the deposition of P.W. 2 Rabindra Jhunjhunwala and her mother about the identification of the articles and ornaments.", "Thereafter, at about 2 p.m. when her two daughters Megha and Swati returned to the flat from the school they found that the door of the flat was open from inside and after entering the flat they found the dead body of their mother lying in the bathroom with a portion of the body lying outside the bathroom and the mouh was tied by a red cloth.", "Megha then informed her relations over telephone.", "They also soon came there Media however could not contact her father although she tried.", "Megha's father Rabindra Jhunjhunwala also returned to the flat thereafter at about 3 p.m. Police was informed, Police came and a doctor was brought who examined and found Sunita Devi dead.", "The Autopsy Surgeon who held the post mortem examination expressed the clear opinion that the death of Sunita Devi was caused by ante-mortem and homicidal strangulation.", "When Megha returned from the school and found the dead body of her mother lying in the bathroom the two servants the licensed Jagadish and Bishal were not present in the house and a huge number of articles including ornaments, wrist watch etc. were found missing from the house and the almirah and the articles were found ransacked and things were lying at sixs and sevens in the flat.", "On that day at about 12.30 p.m. P.W. 6 Sarda Devi rang up Sunita but there was no response.", "This is an indication that Sunita was murdered before 12.30 p.m. and indeed after 9.30 a.m. when she was alone in the flat and when the two servants Bishal and Jagadish were supposed to be present in the flat with Sunita, P.W. 15 Ramji Chowdhury reached the flat at about 10.30 a.m. and when he rang the door bell the accused Jagadish and Bishal who were the two servants of the house opened the door and told that Sunita Devi was absent and had gone to her relative's house and would be back by 3 p.m. Soon thereafter when Ramji was waiting at the 3-A bus stand for returning to Ram Prosad Jhunjhunwala who had sent him to the flat he found that both the servants accused Jagadish and Bishal along with the former servant accused Arun were proceeding along the Maniktala Main Road with a green coloured bag in the hand of the accused Jagadish.", "This indicates that it was the accused persons who had committed the murder of Sunita when she was alone in the flat and that was done sometime between 9.30 a.m. and 10.30 a.m. or thereabout.", "The time of murder as indicated is corroborated by the evidence of the Autopsy Surgeon.", "Subsequently on 27-9-1-991 the two accused Bishal and Arun were arrested on a platform of the Howrah Station with booty taken away from the flat of Rabindra Jhunjhunwala after committing the murder of Sunita.", "These two accused were also found to have railway tickets for Balasore with them at the time their arrest.", "Pursuant to thier statement and being led by them police went to Kailash building at Chowranghee Road on that very date and there from a servants room of a flat on the 16th floor the police arrested the accused Jagadish and recovered on his showing the green coloured bag and a part of the booty including the missing V.C.R. Subsequently again, pursuant to the statement of the accused Rabindra Parida alias Arun and on being led by him the police recovered a part of the booty from the room of P.W. 19 Dilip Pal with whom the same had been kept by the accused Rabindra Parida alias Arun.", "That the deceased Sunita was murdered by strangulation in her flat on 18-9-1991 is an easy conclusion in view of the evidence of the autopsy surgeon.", "That the three accused were seen by Ramji Chowdhury after 10.30a.m.", "proceeding along with Maniktala Main Road with a green bag in the hand of the accused Jagadish a little while after Ramji was told by the accused Jagadish and Bishal that Sunita had gone to her relative's house and was expected to return by 3 p.m. is a clear circumstantial indication that would lead to the unavoidable conclusion that the murder of Sunita must have been committed by the three accused persons conjointly.", "It is in evidence that the accused Arun used to go to Jagadish in the flat of Rabindra Jhunjhunwala.", "They were therefore known to each other from before the date of murder.", "The green bag which was found by Ramji in the hand of Jagadish was subsequently recovered from Jagadish with part of booty including the V.C.R. therein.", "All these facts and circumstances when considered together lead to the only inevitable conclusion that the murder was committed by the three accused persons under a common intention and a concerted design and these three accused persons also at that time committed robbery in the flat of Rabindra Jhunjhunwala.", "It is argued by the learned Advocate for the appellants/accused that since the recovery of the booty, if at all, from the accused persons were made quite some days after the date of occurrence, such recovery does not lead to the conclusion that the murder of Sunita was committed by the accused persons or that the robbery was committed by them.", "It is argued that at best the accused persons, in view of the delayed recovery, could be convicted under Section 411, I.P.C. and nothing more than that.", "I am sorry, 1 find it difficult to subscibe to this view.", "It is not that recovery of the booty is the only factor for which the accused are liable to be convicted under Section 302 I.P.C. for murder.", "Recovery is only a supporting factor.", "But even apart from the recovery there are other unerring circumstances indicating the involvement of the petitioners in the commission of murder and robbery in the flat of Rabindra Jhunjhunwala on the relevant date.", "The abandoned wearing apperals of some of the accused persons were found lying near the dead body of Sunita.", "The conduct of the two accused Rabindra and Bishal in falsely telling to Ramji at about 10.30 a.m. that Sunita Devi was not in the flat and had gone to the relative's house and would return by 3 p.m. speaks volume they were going away along Maniktala Main Road soon thereafter with the accused Arun and with the green bag in the hand of the accused Jagadish.", "The absence of the two accused servants since then till their arrest a few days later projects incriminating abscondence on the part of the servants.", "All these facts and circumstances when considered with the recovery of booty from each accused as well as recovery at their instance including recovery of the green bag from the accused Jagadish containing booty lead to the only conclusion beyond reasonable doubt that the three accused persons conjointly and in a concerted way with common intention committed the murder of Sunita Devi and also robbery at that time in the flat of the Rabindra Jhunjhunwala.", "Conviction of each of the accused persons under Section 302/34 I.P.C. for murder of Sunita is therefore irresistible.", "The accused persons are also found liable to conviction under Section 394 I.P.C. which reads thus:-", "If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which any extend to 10 years, and shall also be liable to fine.\"", "In this case since hurt was caused to Sunita Devi and indeed she was murdered even in committing robbery , the accused are liable to conviction under Section 394 I.P.C. The learned Court below however convicted the accused persons under Section 392 I.P.C. apart from Sections 302/34 I.P.C. The charge framed by the learned trial Court under Section 392 I.P.C. however contains allegation of facts which would constitute the offence under Section 394 I.P.C. and not simply under Section 392 I.P.C. The relevant charges framed by the learned trial Court is that the accused persons committed robbery of the property of Rabindra Jhunjhunwala family and at the time of committing the said robbery volutarily caused hurt to Sunita Devi Jhunjhunwala and thereby committed an offence punishable under Section 392 I.P.C. Since the fact which are the ingreidents of the offence punishable under Section 394 I.P.C. have been clearly stated in the charge and evidence also have been led to prove such facts consistently with the charge there is absolutely no bar for converting in this appeal to conviction of the trial Court under section 392 I.P.C. into conviction under Section 394 I.P.C. For this Court sitting in appeal this is permissible under Section 386(b)(ii) or even Section 386(b)(iii) Cr." ]	[ "Section 302 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 394 in The Indian Penal Code", "Section 392 in The Indian Penal Code" ]
187939192	[ "427 IPC given by Additional Sessions Judge Chanchoda, Distt.", "Guna in S.T. No. 167/2014 vide judgment dated 19th May, 2015 It is undisputed fact that respondents have been convicted and sentenced under Section 394 of the IPC.", "So by way of this petition, a prayer for enhancement of sentence awarded by the trial court is also made.", "Having heard the counsel, keeping in view the arguments advanced, after perusing the record of the trial court, taking into consideration the nature of offence and the evidence adduced by the prosecution, by examining the victim / complainant Shrilal Meena ( PW-1), Pappu Lal Meena (PW-4) and Maharaj Singh Meena (PW-5), the impugned acquittal of the respondents from the charge under Section 427 of IPC and the enhancement of sentence under Section 394 of IPC, requires reconsideration and re-appreciation at this stage.", "Consequently, by allowing this petition, the leave to appeal, as prayed on behalf of the State, is hereby granted.", "Pursuant to the aforesaid, office is directed to register this matter as criminal appeal against the acquittal from 2 M.Cr.", "C. 8931/2015 State of M.P. Vs.", "Kishan Singh and Ors.", "the charge under Section 427 IPC and to consider the question of enhancement of sentence awarded by trial court in respect of offence under Section 394 IPC, within fifteen days.", "Subject to the aforesaid registration of appeal in compliance of the aforesaid direction, at the request of the State Counsel, he is heard on the question of admission of the appeal.", "Case be listed accordingly on such date." ]	[ "Section 394 in The Indian Penal Code", "Section 427 in The Indian Penal Code" ]
187940442	[ "I. The Bail Application No. 289 of 2019 is hereby allowed.", "The applicant Jyoti w/o Vijay Rathod be released on bail in connection with Crime No. 113 of 2018 registered vre/-", "::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 07:38:25 :::", "::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 07:38:25 :::", "6 7-BA-289-2019+.odt with Charthana Police Station, Taluka Jintur, District Parbhani for the offences punishable under sections 302 and 506 read with 34 of IPC, on her furnishing P.B. of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety of the like amount on the condition that she shall not tamper with the prosecution evidence in any manner.", "Bail Application No. 289 of 2019 is accordingly disposed of.", "( V.K. JADHAV, J. ) ...", "::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 07:38:25 :::", "::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 07:38:25 :::" ]	[ "Section 302 in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
164494426	[ "1 Sl.", "March 18, C.R.M. 2733 of 2014", "64. 2014 In the matter of: An application for bail under Section 439 of the Code of Criminal Procedure Code filed on February 13, 2014 in connection with Tamluk Police Station Case No. 571 of 2013 dated December 26, 2013 under Sections 498a/304B/34 of the Indian Penal Code;", "And In the matter of: Biswajit Paria ...petitioner.", "and State of West Bengal ...opposite party.", "Mr. Md. Sabir Ahmed, Mr. Mujibar Ali Naskar, ...for the petitioner.", "Ms. Rita Dutta, ...for the State.", "This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Tamluk Police Station Case No. 571 of 2013 dated December 26, 2013 relating to an offence punishable under Sections 498A/304B/34 of the Indian Penal Code.", "Accordingly, the application for bail is rejected.", "( Subhro Kamal Mukherjee, J. ) dns ( Shib Sadhan Sadhu, J. )" ]	[ "Section 34 in The Indian Penal Code", "Section 304B in The Indian Penal Code", "Section 498A in The Indian Penal Code" ]
1644996	[ "::: Downloaded on - 09/06/2013 13:37:49 :::", "The order of detention passed by respondent no.2 has been approved by the State Government within time and the papers were also forwarded to the Advisory Board in terms of Section 10 of the 1981 Act.", "Thus, ::: Downloaded on - 09/06/2013 13:37:49 ::: 3 the reference to Advisory Board was made within a period of three weeks from the date of detention and the Advisory Board has also submitted its recommendation within 7 weeks thereof.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "In this background we have heard Advocates Shri S.A. Jaiswal and Sachin Jaiswal, for petitioner and Shri Y.B. Mandpe, Additional Public Prosecutor for respondents.", "The Superintendent working in the office of the Collector at Yavatmal i.e District Magistrate has filed affidavit in reply on behalf of respondent no.2 with certain documents.", "At the final hearing of the matter, the learned A.P.P. has handed over a communication dated 07.03.2008 forwarded by the District Magistrate, Yavatmal to the respondent no.1 seeking its approval for action taken by him;", "communication dated 13.3.2008 by respondent no.1 to respondent no.2 with order dated 13.3.2008 granting approval in terms of Section 3[3];", "copy of the confidential communication dated 15.4.2008 forwarding report of the Advisory Board to the State Government with copy of report [part-I and part-II].", "He has also produced copy of order dated 19.04.2008 passed ::: Downloaded on - 09/06/2013 13:37:49 ::: 4 by the State Government confirming the detention after receipt of the opinion of the Advisory Board.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "He therefore states that the documents and impugned order ought to have been served upon the present petitioner in Hindi, or ought to have been explained to him in Hindi.", "He points out that the officers of the government have while ::: Downloaded on - 09/06/2013 13:37:49 ::: 5 communicating the order of approval dated 13.3.2008 passed by the State Government explained the same in Hindi to the present petitioner.", "He states that the said order dated 13.3.2008 and communication of the State Government to him dated 13.3.2008 are both in English language and the jailer has placed it on record that the contents thereof have been explained to the petitioner in Marathi and Hindi.", "He states that as the petitioner does not understand Marathi the said officer has explained the contents in Hindi.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "District Magistrate, Dhanbad (AIR 1982 SC 1539), he states that in such circumstances when there was challenge to recording of subjective satisfaction of the respondent no.2 in person i.e. Shri Anil Bansod himself ought to have filed the affidavit in support of the action and the affidavit filed by the Superintendent in his office needs to be ignored.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "Till 19.04.2008 no representation was made by the petitioner.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "He urges that the representation dated 15.04.2008 forwarded by the Advocate for petitioner was received on 19.04.2008 i.e. after respondent no.2 or respondent no.1 have became functus officio.", "He therefore, states that failure to decide the said representation immediately does not in any way affect the order of detention dated 07.03.2008 or continuation of detention.", "He further points out that the petitioner appeared in person before the Advisory Board and at that time he did not make any grievance about the language or about not extending to him any opportunity.", "He ::: Downloaded on - 09/06/2013 13:37:49 ::: 9 therefore, states that the petition as filed is without any merit and needs to be dismissed.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "The Hon'ble Apex Court has also noticed that the bail applications moved by the detenu before it were already rejected by the courts and there was no material whatsoever to apprehend that he was likely to move bail application and / or that there was imminent possibility of his prayer for bail being granted.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "::: Downloaded on - 09/06/2013 13:37:49 :::", "In Marathi document it is expressed that the detenu will be released on bail by the Competent Court.", "In order to find out what was the opinion given by the Public Prosecutor as requested by Shri Mandpe, A.P.P. we have also perused the communication dated 01.03.2008 sent by the Police Inspector of Wadgaon Police Station to Assistant Public Prosecutor working at J.M.F.C. Court no.2 Yavatmal.", "In the said letter the Police Inspector has written that the detenu was in Magisterial custody in connection with crime no.267/2007 under section 147, 148, 149, 307 of Indian Penal Code read with section 135 of the Bombay Police Act and Sections 4 and 25 of the Arms Act. The learned A.P.P. was requested to give his opinion whether the ::: Downloaded on - 09/06/2013 13:37:49 ::: 12 detenu would be able to get bail and whether he could be released on bail.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "He has also mentioned that looking to the tendency or inclination of the detenu, if he was released on bail he would again indulge in similar activities.", "The proposal is then considered on 5.3.2008 by the Superintendent of Police, Yavatmal and he also has only mentioned that the detenu was in Magisterial Custody.", "Thus the opinion expressed by the Government Advocate i.e A.P.P. is only reproduced by respondent no.2 competent authority, in the mode and manner mentioned above.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "It can not constitute a reason for impugned order.", "While perusing the communication dated 01.03.2008, sent by the Police Inspector and the opinion given by the learned A.P.P., we have noticed that the said opinion was sought only on the basis of the F.I.R. as lodged.", "We are saying so because in the F.I.R. dated 13.09.2007 only sections reflected are Sections 147, 148, 149 and 307 of Indian Penal Code.", "However, it appears that one of the injured victims Amol Ghugare expired in the hospital on 14.09.2007 and Section 302 of Indian Penal Code therefore came to be added.", "Final report under section 173 of Criminal Procedure Code filed by the police in the court i.e. charge sheet dated 11.12.2007 clearly mentions Section 302 of Indian Penal Code also.", "It is apparent that the A.P.P. has formed his opinion only on the basis of the communication received by him from the Police Inspector.", "Non application of mind is apparent from the fact that the learned A.P.P. has mentioned Section 324 of Indian Penal Code, which is ::: Downloaded on - 09/06/2013 13:37:49 ::: 14 not at all relevant in the matter and has not mentioned Section 302 thereof, which is very vital.", "Thus the wordings in the opinion of the learned A.P.P.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "are read \"going through the above crime and section applied i.e. 307, 324 I.P.C.\" clearly reveals non application of mind by the learned A.P.P.", "Respondent no.2 has also not applied his mind independently to these aspects and has not recorded any positive opinion about imminent possibility of release of the detenu on bail from Magisterial Custody.", "Respondent no.2 on the other hand has ignored the general language used in the opinion of the learned A.P.P.", "There is no finding recorded by respondent no.2 that there was or there is imminent possibility of release of detenu on bail in crime no. 267/2007 under sections 147, 148, 149, 307 and 302 of Indian Penal Code read with Section 135 of the Bombay Police Act and Sections 4 and 25 of the Arms Act. The said order therefore stands vitiated.", "The various offences looked into by the respondent no.2 are mentioned in the impugned order.", "The sections under which the said crime is registered are already mentioned by us above.", "Prior to crime no. 267/2007 the earlier offence under Indian Penal code is Crime no. 548/2005 under sections 147, 148, 149 and 302 of Indian Penal Code.", "Offence prior thereto is Crime no. 37/2005 under section 399 of Indian Penal Code.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "The Superintendent of Police has also mentioned that as Sections 147, 148, 149, 307, 324 and 302 of Indian Penal Code along with Section 135 of the Bombay Police Act and Sections 4 and 25 of the Arms Act, are involved proposal has been moved on 03.03.2008 after completing the formalities.", "We are, therefore, not in a position to accept the arguments of the learned counsel for the petitioner about absence of live link in the matter.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "It is not in dispute before us that respondent no.2 can base its conclusions on such in-camera statements.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "It was further mentioned that the in-camera statements were verified by high grade police officer of the rank of Assistant Commissioner of Police.", "The Division Bench there found that the Assistant Commissioner of Police had only verified whether the statement made by the witness was recorded as orally stated by him.", "The Division Bench also found that therefore, there was nothing by way of any contemporaneous document or material to hold that in-camera statements were true and as such the finding of the detaining authority that those statements were true and genuine, stood vitiated.", "In facts before us, the ground that in-camera or secret complaints are false and concocted to support the detention order ::: Downloaded on - 09/06/2013 13:37:49 ::: 18 and in fact in-camera statements have not been verified in accordance with the law, has been expressly raised by the petitioner.", "The perusal of the in-", "::: Downloaded on - 09/06/2013 13:37:49 :::", "The S.D.P.O has stated that the person giving in-camera statement was present before him and his statement was read over to the said witness.", "The witness accepted that it has been recorded correctly as told by him.", "S.D.P.O. felt satisfied that the incidence narrated by him and fear of detenu perceived by the witnesses were true.", "Thus here, the S.D.P.O. has on 04.03.2008 expressly mentioned after personal verification that he was satisfied that the incidences or events disclosed by the witnesses were true.", "The two documents produced by respondent no.2 on record both dated 13.03.2008 contain endorsements made by the jailer of Central Prison, Nagpur that those orders in English have been explained to the petitioner in Marathi and Hindi.", "It is, therefore, apparent that the said jailer found that the petitioner was not understanding Marathi and has therefore, mentioned that the same were explained in Hindi also.", "::: Downloaded on - 09/06/2013 13:37:49 :::", "::: Downloaded on - 09/06/2013 13:37:49 :::", "However, the petitioner was free to move the application for revocation of detention as contemplated under section 14 of the 1981 Act, and he has not moved ::: Downloaded on - 09/06/2013 13:37:49 ::: 21 any such application.", "Thus though the respondents got opportunity to file appropriate affidavit of respondent no.2 Shri Bansod on record, no such affidavit has been placed before us till date.", "It is therefore, apparent that the affidavit in reply filed by Shri R.J. Rathod cannot be looked into at all.", "It is, therefore, apparent that the requirement of recording a compelling reason to order detention of petitioner already in custody or imminent possibility of his release on bail can not be said to have been looked into by respondent no.2", "::: Downloaded on - 09/06/2013 13:37:49 :::", "We, therefore, find that the order of detention dated 07.03.2008 passed by respondent no.2 District Magistrate, Yavatmal is unsustainable and the same is accordingly quashed and set aside.", "Writ Petition is accordingly allowed.", "Rule is made absolute in aforesaid terms with no order as to costs.", "::: Downloaded on - 09/06/2013 13:37:49 :::" ]	[ "Section 148 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 427 in The Indian Penal Code" ]
1645128	[ "Leave granted.", "By the impugned judgment, whileacquitting one of the co-convicts, the High Court has upheld the convictionof the appellant for offences punishable under Sections 302 and 307 readwith Section 34 of the Indian Penal Code, 1860 (for short \"the IPC\"), forcommitting murder of one of their close relative and for attempting tomurder his brother.", "The appellant has been sentenced to imprisonment forlife under Sections 302/34 IPC and to pay a fine of Rs.500/-.", "The appeal succeedspartly to the extent indicated above." ]	[ "Section 34 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
1393254	[ "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 2 -", "mn780.06 13th July,2006 in Sessions Case No.32 of 2006 passed by the Additional Sessions Judge,Mumbai whereby the Accused/Appellant was convicted for the offences punishable under sections 363, 366, 376 (2) (a) and under section 323 of Indian penal code and was sentenced as under :", "(i) Under section 363 of Indian penal code R.I. for one year and fine of Rs.", "(iii) Under section 376 (2) (a) of Indian penal code R.I. for 15 years and fine of Rs.50,000/- in default further sentence of 1 years.", "(iv) Under section 323 of Indian penal code R.I for 1 month and fine of Rs. 200/- in default further sentence of 8 days.", "The prosecution case in brief is that the prosecutrix PW 7, who is the victim of this offence, was a girl of aged about 15 years.", "She along with her sister Poonam used to beg at the junction near Leela Hotel at night time.", "The ::: Downloaded on - 09/06/2013 17:39:51 :::", "- 3 -", "mn780.06 accused was Head constable attached to Sahar police station and the said junction near Leela Hotel is within the local limits of that police station.", "On 17th October, 2005 at about 9 p.m. the accused first made some inquiries from the prosecutrix and went away.", "At about 11 p.m. he came in an autorickshaw, caught her wrist and pulled her into the autorickshaw.", "Inspite of the request made by her sister to leave the girl, he said that he would leave her at the next signal.", "He took the prosecutrix up to a nallah in the autorickshaw.", "There both of them alighted and then the accused and the prosecutrix crossed the road and after jumping pari (small wall).", "Then he took her to the bushes and then near the wall of a temple, there he made her to lie down and removed her clothes.", "He also removed his pant and underwear and committed rape.", "It means that she was aged about 14 1/2 years at the time of the incident.", "- 10 -", "mn780.06 to beg.", "According to her, on 17th October,2005 at about 9 p.m. the accused came to her, made some inquiries and went away.", "At about 11 p.m. the accused again came in a autorickshaw, caught her wrists and took her into the rickshaw.", "Her sister P W 9 Poonam requested the accused to leave her but, the accused told that he would leave her at the next signal.", "According to PW 9 Poonam, when she had made this request, the accused had threatened to charge fine and saying so, he took the girl by the rickshaw towards the direction of Hotel Hayyat police chowky.", "For some distance PW 9 Poonam followed them but she could not find them.", "Then went to her house, and informed her mother and they went to Sahar police station but, neither the girl nor the accused were there.", "Inspite of some search, she could not be located by them.", "They again went to the said police station.", "At that time, the prosecutrix was present and her statement was being recorded by the police.", "mn780.06 from the junction of Leela Hotel in an autorickshaw is corroborated by the testimony of PW 9 Poonam.", "Evidence of PW 7 the prosecutrix shows that after jumping the small wall or a pari, the accused took her to the bushes but as some persons were sleeping, he took her near the wall of Saibaba temple.", "At that place, he asked her to remove her clothes.", "He also removed his own pant and underwear.", "She lowered down her salwar.", "She was made to lie down and thereafter the accused put his male organ into her private part.", "According to her, due to this, she had suffered pains on her back.", "She also deposed that the coins, which she had received as alms and were tucked in her salwar,were scattered at the spot of the incident.", "She deposed that at the time of the incident she had lowered down her salwar and not all the clothes.", "After the incident, the accused took her near the wall and told her that he would drop her at the place of ::: Downloaded on - 09/06/2013 17:39:51 :::", "- 12 -", "mn780.06 her sister.", "As per the evidence of PW 6 Satyan Nair, he was working in the Engineering Department of Sahar International Airport, Terminal-II.", "On 17th October,2005 at about 11.15 p.m. he was proceeding towards the terminal on his bike.", "When he was taking turn on a signal, he noticed a police man in uniform with a girl.", "He became suspicious and therefore he took a U-turn and found the accused in the company of the prosecutrix.", "After the girl was taken in confidence, she told him about the incident.", "After that PW 6 Satyan Nair asked the accused to accompany him on his bike, after collecting his Identity card from him.", "He took the accused to the police station and produced him.", "This fact is not in dispute.", "PW 11 Kumar Ukirde supported the evidence of PW 6 Satyan on this count.", "- 13 -", "mn780.06 accused taking the girl having caught hold of her arms.", "They took her to police station.", "The evidence of this witness shows that the accused tried to settle the matter by paying some money but could not succeed.", "After she was taken to the police station, the statement of the girl was recorded by PW 10 API Mohan Waghmare.", "That statement was treated as FIR Exhibit 26 wherein all the facts are disclosed.", "Immediately clothes of the accused as well as that of the prosecutrix were seized under panchanama Exhibit 23 and both of them were sent for medical examination.", "A spot panchanama Exhibit 21 was also prepared which reveals that at the spot some coins were found scattered and they were seized.", "Mr.Shyam Mehta (Appointed) for Appellant Ms.", "S.V.Sonawane APP for Respondent-State CORAM: J.H.BHATIA, J DATE: 22nd August, 2011 ORAL JUDGMENT", "The Appeal is preferred by the original accused challenging the judgment and order dated ::: Downloaded on - 09/06/2013 17:39:51 :::", "(ii) Under section 366 of Indian penal code R.I. for 3 years and fine of Rs.", "2000/- in default further sentence of 30 days.", "::: Downloaded on - 09/06/2013 17:39:51 :::", "When the prosecutrix and the accused were returning, PW 6 Satyan Nair, who was working in the Engineering Department of Sahar International Airport Terminal-II, ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 4 -", "mn780.06 suspected something foul and stopped his bike and asked the prosecutrix as to what was the matter.", "She narrated the incident and therefore PW 6 Satyan Nair took the identity card of the accused and made him sit on his bike and took him to the police station.", "The girl was taken to the police station by PW 11 Kumar Ukirde.", "At the police station she narrated the whole incident.", "On the basis of her FIR, offence was registered and the accused as well as the prosecutrix were referred for medical examination to Police Hospital, Nagpada.", "Both of them were examined by PW 8 Dr.", "Shivaji Daund during the same night.", "During investigation, the spot panchanama was prepared.", "The clothes of the prosecutrix as well as that of the accused were seized.", "Their blood samples and vaginal and vulva swabs of the prosecutrix were sent to the Chemical Analyser.", "Evidence was also collected in respect of the age of the girl.", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 5 -", "After investigation, the charge sheet was filed and in due course the case was committed to the Court of Sessions for trial.", "The accused pleaded not guilty to the charges.", "On behalf of the prosecution, in all 13 witnesses were examined.", "A large number of documents were placed on record.", "After hearing the parties, the learned trial Court convicted and sentenced the accused as stated above.", "Heard learned counsel for the Accused-", "Appellant and the learned APP.", "Perused the record and the proceedings of the trial Court.", "Secondly, he contends that the evidence on record is not sufficient to show that the girl was less than 16 years of age at the time of rape.", "Thirdly, he contended that ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "PW 7 the prosecutrix deposed that she was aged 15 ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 7 -", "mn780.06 years at the time of recording of evidence.", "PW 9 Poonam is her elder sister.", "She deposed that she was aged about 17 years at the time of recording her age and according to her, the prosecutrix is younger to her by two years.", "Evidence of PW 8 Dr.", "Shivaji Daund shows that as per the ossification test by X-Ray, Epiphyseal union of bones around the elbow, waist,humerus and knee were not fused.", "As per the history given, she had attained her menses two years before.", "According to him, there are different time periods for fusion of Epiphyseal union with bones.", "Elbow joint fuses at about 14 years.", "Wrist joint fuses at about 17 years.", "Knee joint fuses at about 15 and half years.", "Shoulder joint fuses at about 17 to 18 years.", "Since the elbow joint was also not fused he opined that the age of the girl was 13 to 14 years.", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 8 -", "9. PW. 1 Mrs Hema Desai was the Principal at Dr.", "She produced the School Record about the admission of the prosecutrix and deposed that as per the school Register, the prosecutrix was admitted in the said school on 28th June,2001 and she left the school on 22nd November, 2005 when she was student of VIth standard.", "Learned counsel for the accused vehemently contended that there may be number of students with the same name and merely on the basis that a girl with a name similar to that of the prosecutrix, was admitted in the school and her date of birth was 4th May,1991, it cannot be assumed that the prosecutrix is the same girl.", "Contention of the defence counsel was turned down by the witness.", "After perusal of the record I find that the complete register was available for inspection at the time of cross-", "Even before this Court, learned ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 9 -", "mn780.06 counsel could not point out that there was any other student with the same first name,father's name and surname as well as mother's name in the Register.", "Only he could point out the name of some students having same surname.", "The medical evidence provides corroboration to it.", "As she was below 16 years of age, her consent would be irrelevant for the purpose of sexual intercourse.", "The evidence of the prosecutrix shows that she used to beg at the junction of and in front of Leela Hotel, Her sister PW 9 Poonam also used ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "The evidence of the prosecutrix in respect of her taking away ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "According to him, he himself and one person had seen the ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "The evidence of PW 8 Dr.", "Shivaji Daund reveals that on 18th October,2005 at about 3.30 a.m. the prosecutrix was brought to him at the police Hospital Nagpada for medical examination.", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 14 -", "mn780.06 According to him, the prosecutrix had given history about her taking away by the police man in a autorickshaw, then removing her clothes and committing rape on her.", "That history was recorded by him.", "On physical examination he found following two injuries on her person :", "(i) Graze abrasion on lower part of back and above right buttock 4 cm in vertical into 3 cm horizontally placed.", "No oozing of blood seen.", "Only superficial epidermal layer peeled.", "(ii) Graze abrasion on occcigeal region with peeling of superficial epidermal layer, size of injury 4 cm x 2.5 cm.", "According to him, these injuries could be caused due to friction with hard and rough surface.", "The age of injuries was within six hours.", "On examination of her private parts, he found that hymen circular and was torn at 6,9 and 1'clock position, tears were marginal and healed.", "Hymeneal orifice admitted one finger ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 15 -", "mn780.06 easily, it was non-tender.", "No other injury was noticed.", "As two fingers could not be admitted in torn hymen, there may not be complete penetration.", "He also collected vaginal smear, vulva and posterior vaginal swab and cervical smears.", "He also collected control blood sample of the girl.", "As per the evidence of PW 8 Dr.", "Daund he had also examined the accused during the same night at 4 a.m. and found following two injuries on his person:", "(1) graze abrasion on right knee joint of tibial tuberosity 1 cmx 1 cm size superficial, epidermis collected in the heap at lower (2) graze abrasion on left knee on tibial tuberosity 5 cm x 5 cm superficial and epidermis collected in the heap laterally.", "According to him, the age of the injuries was within 6 hours and the injuries could be caused due to friction with hard and rough surface.", "Daund further deposed that on ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 16 -", "mn780.06 inquiry the accused could not explain how and when the injuries were caused.", "The evidence also shows that he collected the swab from glance penis of the accused as well as his control blood samples.", "He referred all the samples report to the Chemical Analyser.", "As per the Chemical Analyser's report Exhibit 42, one semen stain was found on the backside of the underwear of the accused.", "One semen stain of about 2 cm in diameter on front side of kurta and two semen stains each of about 1 cm in diameter on middle portion of the salwar of the prosecutrix were found.", "As per the DNA report, Exhibit 42-A, the semen stains on the kurta and the semen stains on the salwar of the victim and the semen stains of the victim, semen stains on the salwar and semen stains on the underwear of the accused exactly matched with the control blood of the accused and the semen stains on these clothes and the control blood were of the same biological individual.", "Thus, it ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 17 -", "mn780.06 shows that the semen of the accused was found not only on his own underwear but, also on the clothes of the prosecutrix.", "The clothes were seized almost immediately after the incident.", "In view of this, the Medical Officer Dr.", "Daund opined that the accused was involved in sexual activity with the prosecutrix.", "Taking into consideration the oral evidence of the prosecutrix, her sister PW 9 Poonam, PW 6 Satyan Nair and PW 11 Kumar Ukirde, the spot panchanama, medical evidence and the C.A.report and particularly DNA report, it is established that the prosecutrix was kidnapped with an intention to force her to sexual intercourse.", "I find no material to disbelieve the evidence of these witnesses.", "The learned trial Court held the accused guilty for the offence of rape.", "The learned counsel for the Accused vehemently contended that if the medical evidence with the C.A.", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 18 -", "mn780.06 report are carefully perused, the prosecution could not establish that the offence of rape was committed, though there may be evidence of attempt to commit rape.", "To appreciate this contention, it will be necessary to scrutinise the medical evidence minutely.", "Though the prosecutrix was student of school up to VI standard as she was not attending the school and therefore she was removed.", "Hence she cannot be treated to be educated.", "In her FIR, it is recorded that the accused had committed \"Sambhog\".", "She admitted that she did not understand the meaning of the term \"Sambhog\".", "In her evidence before the Court she deposed that accused had put his organ of urination into her place of urination.", "She did not speak about the actual penetration.", "Some latitude may be given to her in this respect due to natural modesty of a young girl.", "Evidence of PW 8 Dr.", "Daund shows that there were marginal tears of hymen.", "They were found healed.", "In the ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 19 -", "mn780.06 cross-examination, he admitted that the healing period is about 5 to 7 days.", "In view of the medical evidence, while complete penetration is ruled ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 20 -", "mn780.06 out, question is whether there was even partial penetration.", "Medical evidence shows that hymen orifice was not tender.", "No other injury was found on her private part, though there were above referred injuries on her back which could be due to friction with hard surface while lying down at the time of the incident.", "Daund admitted in cross-examination that he had not noticed any recent sexual activity on examination of hymen.", "The C.A. Report Exhibit 29 and Exhibit 30 on (vulval swab and vaginal smear slides of the prosecutrix) reveal that no semen was detected.", "As noted above,as per C.A.report Exhibit 42 and DNA test report semen of the accused was found on his underwear as well as on the kurta and salwar of the prosecutrix.", "It shows that ejaculation had taken place.", "If ejaculation had taken place after penetration, may be partial, and penis was still in the area of her private part, the semen must have been detected in the ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 21 -", "mn780.06 vaginal smear or at least on the vulva which is the outer part of the vagina.", "Absence of semen not only in the vaginal but also on vulva creates a strong doubt about the penetration into her private part.", "In view of these circumstances, it appears that the accused had taken the girl to the spot for sexual intercourse with her, made her remove her clothes, made her lie down on the ground and removed his clothes for the purpose of having sexual intercourse with her.", "However, possibility cannot be ruled out that before he could penetrate he might have ejaculated and therefore, semen was found on his own underwear as well as on the clothes of the girl but, was not found either in the vaginal area or on the outer surface of the vulva.", "The accused was fully grown up person aged about 47 years.", "The girl was just 14 1/2 years ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 22 -", "mn780.06 of age.", "If he would have forcibly penetrated, there was possibility of some injury, at least tenderness but that was also absent.", "Superficial injuries on the back of the girl and similar injuries on knees of the accused could be possible due to hard and rough surface but, that itself could not go to establish penetration.", "Taking into consideration this material, it must be held that the prosecution has failed to prove beyond reasonable doubt that the accused had actually committed rape though there is strong evidence that he attempted to commit rape on her.", "In view of the facts and circumstances noted above, while in respect of conviction and sentences for the charges under sections 363, 366, 323 Indian Penal Code, no interference is called for, he is entitled to be acquitted for the charges under section 376 (2) (a) but is ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 23 -", "mn780.06 liable to be convicted for the offence for attempt to commit rape punishable under section 376 (2)(a) read with section 511 of the Indian Penal Code, because the accused committed that offence within the local limits of the police station where he was appointed as a head constable.", "If a Police Officer is guilty for the offence of rape under section 376 (2)(a) of the Indian penal code he is liable to be sentenced with rigorous imprisonment for a period not less than 10 years but it may be imprisonment for life and also with fine.", "Section 511 of the Indian penal code provides that whoever attempts to commit an offence punishable under Indian Penal Code with imprisonment for life or imprisonment shall, where no express provision is made by Indian Penal Code for the punishment of such attempt, be punished with imprisonment of any description ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 24 -", "mn780.06 provided for the offence, for a term which may extend to one-half of the imprisonment for life or as the case may be, on half of the longest term of imprisonment provided for that offence or with such fine as is provided for the offence or with both.", "As noted above, minimum sentence of imprisonment for the offence of rape under section 376 (2) (a) is rigorous imprisonment for 10 years.", "Therefore, the minimum sentence which may be awarded for attempt to commit rape would be rigorous imprisonment for five years.", "However, the maximum sentence for the offence of rape under section 376 (2) (a) of the Indian penal code is life imprisonment.", "Therefore, the maximum sentence for attempt to commit rape could be half of life imprisonment.", "Section 57 of the Indian Penal Code provides that in calculating fractions of terms ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 25 -", "mn780.06 of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.", "In view of this, for the offence of attempt to commit rape punishable under section 376 (2) (a) read with section 511 maximum sentence would be rigorous imprisonment for 10 years.", "The trial court directed substantive sentences of imprisonment on all the counts to run concurrently.", "The sentence of imprisonment for the offence under section 363 of IPC is rigorous imprisonment for one year was awarded, for the offence under section 366 IPC, imprisonment for 3 years was awarded, and Maximum sentence of imprisonment for 15 years was awarded for the offence of rape.", "The accused has actually undergone imprisonment for a period of more than 5 years ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 26 -", "mn780.06 and 10 months.", "After remission, which may be awarded to him as per jail rules, is taken into account, the actual sentence of imprisonment undergone may be much more though less than 10 years.", "In view of this, in my opinion, sentence of imprisonment as undergone would be sufficient to meet the ends of justice.", "Therefore, the Appeal is partly allowed.", "The conviction and sentence of the appellant-", "accused for the offences under section 363,366 and 323 of the Indian penal code are maintained.", "Hence, the conviction and sentence for the offence punishable under section 376 (2)(a) of the Indian penal Code stand set aside and the accused is acquitted of that charge but, he is convicted for the offence of attempt to commit rape punishable under section 376 (2)(a) read with section 511 of the Indian penal code and is sentenced to undergo imprisonment as undergone from 18th October,2005 till this date, with ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::", "- 27 -", "mn780.06 fine of Rs.10,000/-.", "In default to pay fine, he shall undergo further imprisonment for three months.", "If fine amount is recovered, the same shall be paid to PW 7 the prosecutrix as compensation.", "J.H.BHATIA, J ::: Downloaded on - 09/06/2013 17:39:51 :::", "::: Downloaded on - 09/06/2013 17:39:51 :::" ]	[ "Section 363 in The Indian Penal Code", "Section 366 in The Indian Penal Code", "Section 375 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 511 in The Indian Penal Code" ]
139340314	[ "(Order of the Court was made by S.Nagamuthu,J.) Petitioner is the mother of one Mr.Gopal @ Gandhi @ Rajagopal, aged 28 years, son of Ranganathan, who has been detained under Act 14 of 1982, on the orders of the second respondent, by his proceedings in D.O.No.07/2016-C2, dated 14.02.2016, branding him as a Goonda.", "Challenging the said order of detention, the petitioner has come up with this Habeas Corpus Petition.", "We have heard the learned counsel for the petitioner; the learned Additional Public Prosecutor, appearing for the respondents; and also perused the materials carefully.", "So far as the facts of the latter case are concerned, it is alleged that the de facto complainant was waiting in a bus stand for a bus; at that time, the detenu, along with another person, came in an autorikshaw, stopped the same by the side of the de facto complainant under the guise of asking her as to whether the road would lead to Kallakurichi, and when she answered in the negative, they suddenly pushed her into the autorikshaw brandished with a knife, took her to a teak wood farm, tied her legs and hands using her saree, raped her repeatedly and stole the gold jewels, worn by her." ]	[ "Section 498A in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 323 in The Indian Penal Code" ]
141149742	[ "2.The First Information based on the complaint given by one Indira Kumari has led to registration of Crime No.224 of 2009 on 15.07.2009, by the respondent Police against Kumaresan and 15 others.", "On completion of the investigation, the final report was filed against 16 accused.", "The trial Court has framed charges, against the accused persons as below:-", "3.The prosecution has examined 17 witnesses (P.Ws.1 to 17); markedhttp://www.judis.nic.in 4 16 exhibits (Exs.", "P.1 to P.16) and two material objects (M.Os.1 and 2).", "On the side of the defence, two witnesses (D.Ws.1 & 2) and 5 exhibits (Exs.", "D.1 to D.5) were marked.", "Regarding the administration and conducting festivals of the Nagathamman Temple, a local deity, there were clash between two groups one called as “olive vagaiyara” and another called as “Korataiyan vagaiyara” .", "8.A peace meeting was conducted by the Revenue Officials in connection with the temple festival.", "While so, on 14.07.2009, when Indira Kumari was standing near her house, opposite to water tank, the accused persons armed with weapons questioned her and her vagaiyara seeking right in the temple administration and attacked her with weapons.", "4.On appreciating the evidence and the materials placed before it, the trial Court has held the accused guilty and convicted them for proven charges, as below:-", "8 Accused 10 Sections 147 & Rs.1,000/- fine 323 I.P.C., imposed in default to undergo one month rigorous imprisonment for offencehttp://www.judis.nic.in 7 under Section 147 I.P.C., Rs.1,000/- fine imposed in default to undergo one month rigorous imprisonment for offence under Section 323 I.P.C., 9 Accused 11 & Sections 147 Rs.1,000/- fine 12 I.P.C., and imposed in Section 3 of default to TNPPDL Act undergo one month rigorous imprisonment for offence under Section 147 I.P.C., Fine of Rs.3,000/- each for offence under section 3 of TNPPDL Act.", "10 Accused 13 Sections 148 & Rs.1,500/- fine 324 I.P.C., in default to undergo one month rigorous imprisonment for offence under Sectionhttp://www.judis.nic.in 8 148 I.P.C., One year rigorous imprisonment and Rs.1000/-", "5.However, the trial Court acquitted Accused 3 to 5 and 8 for offence under Section 323 I.P.C; Accused 14 for offence under Section 324 I.P.C; Accused 1 to 10, 13 to 16 for offence under Section 3 of TNPPDL Act and under Section 149 I.P.C., and Accused 15 & 16 for offence under Section 506(ii)", "Pending Criminal Appeal, the appellants 3, 5 and 15 died.", "When Govindammal, Anjalai and Shakthivel came to her rescue, they were also assaulted indiscriminately by the accused gang.", "They damaged Hero Honda motor bike parked near the house of Indira Kumari.", "They threatened them that they should not claim any right in the administration of the temple.", "When the public gathered, the mob fled from the scene of crime.", "9.Indira Kumari, Govindammal, Anjalai and Shakthivel who sustained injuries have identified the assailants and the weapons used by them.", "The Wound Certificates were marked as Exs.", "10.P.W.12 – Pachiyappan, an independent witness has deposed about the confession of A.6 and recovery of weapon, based on his confession.", "P.Ws.7,8 and 9 were the witnesses to the crime who have corroborated the evidence of the injured witnesses.", "Relying upon these evidence, the trial Court has convicted the accused persons for their respective overt acts, as mentioned above.", "The said case was admittedly investigated by the very same Investigation Officer.", "He has not produced the Wound Certificates of the injured witnesses (some of them are accused herein) in that case.", "12.A.1, Kumaresan was one of the injured person in the said counter case.", "His wound certificate is marked as Ex.", "D.2 and wound certificate of another injured person Ranganayaki is marked as Ex.", "The time of occurrence and place of occurrence as found in these two wound certificates would clearly establish that the accused party, in this case, have sustained injuries.", "Therefore, for the suppression of the counter case and suppressionhttp://www.judis.nic.in 11 of the injury sustained by the accused persons, the case of the prosecution has to fail.", "13.Based on the complaint given by Indira Kumari, P.W.1, the respondent Police has registered F.I.R., on 15.07.2009 at 6.15 hours.", "Whereas, the alleged incident has taken place on the previous day, at about 14.00 hours.", "The delay in registering the F.I.R., coupled with the contradictions in the evidence of the injured victim, the embellishment of these witnesses elicited through the cross examination of the Investigating Officer would clearly indicate that the prosecution witnesses have taken sufficient time to falsely implicate the accused persons against whom they had enmity.", "Based on the external advice with falsehood and embellishment, the complaint Ex.", "P.1, has been given implicating the accused persons for various overt acts of assault against the defacto complainant and other witnesses.", "14.Based on this embellished complaint, F.I.R. - Ex.P.13 has been belatedly registered and the statement of the witnesses were recorded, after one week of the incident.", "In the accident reports pertaining to P.W.1 to P.W.4 which is recorded by P.W.13, P.W.1 informed that she was assaulted by 4 persons; Anjalai – P.W.2 has informed Doctor that she was assaulted by three persons; Govindammal – P.W.3 has informed the Doctor that she was assaulted by four persons and Sakthivel - P.W.4 has informed thehttp://www.judis.nic.in 12 Doctor that he was assaulted by two persons.", "Whereas, when the complaint - Ex.", "P.1 was given by Indira Kumari – P.W.1, on the next day, 16 persons were named with their overt acts thereby all the prominent persons of 'olive vagaiyara' were implicated even though, they were not present in the scene of crime.", "15.D.W.1 has deposed about the presence of A.3 at the time of occurrence, at Panruti Municipality and reported duty.", "This was not been considered by the trial Court.", "Similarly, the evidence of D.W.2 about the visit of A.7 to the Idhaya Women Engineering College and Hostel on the date of occurrence to see his daughter were not considered by the trial Court.", "16.The learned Senior Counsel for the appellants would further submit that the prosecution has not come out with a true picture about the occurrence.", "There was free for all fight between two groups on the day.", "Members of both the groups sustained injuries.", "However, the Police have suppressed the injuries sustained by the accused party.", "Manipulated complaint, Ex.", "P.1 belatedly, so as to implicate the innocent persons accused party.", "It is very significant that the third injury on the deceased and the first injury on D. W. 2 should more or less have been of the Same nature, both of them being of pinkish colour.", "The injury on the deceased was 4 1/2\" in diameter whereas the injury on D. W. 2 was in the jaw 3\" x 2\".", "As already stated, the injury No. 3 on the deceased might have been caused by a big smooth stone being thrown at that part of the body.", "Similarly, all the injuries on D. W. 2 suggest that they are more likely to have been caused by stoneshttp://www.judis.nic.in 14 hurled at her.", "Neither side would \"admit the injuries on the other side.", "The defence in Ex. D. 10 has not stated anything about the injuries on the prosecution witnesses.", "It seems to us that in the course of the quarrel, there was throwing of stones by both sides and one of the stones hit the right temple of the deceased resulting unfortunately in his death.", "Similarly, the injuries on the person of D. W. 2 were caused by stones thrown by the prosecution party.", "There was undoubtedly a confused fight in which both sides indulged in stone throwing against each other.", "In the circumstances it is difficult to fasten the liability on the first accused for the injury on the deceased.", "It is highly difficult to base a conviction on the accused based on one version of the prosecution.", "Therefore, we are of the view that the prosecution having failed to produce materials with regard to the counter case and that it failed to explain the injuries sustained by the accused, more particularly, on the basis of the homicidal death of the deceased, guilt cannot inferred as against the accused on the basis of the interested witnesses and their evidence is also highly doubtful in view of the serious discrepancies noted above.", "Hence, the accused are entitled to benefit of doubt.”", "19.Beside this, the learned Senior Counsel for the appellants would submit that the witnesses for the prosecution have deviated to the previous statement given to the Investigating Officer and the statement given to the Doctor while getting treatment and the F.I.R. They has deposed a new case against these appellants.", "The Doctor who has treated the injured persons was not examined.", "Though some of the injuries sustained by the witnesses were opined grievous in nature, no fracture or, x-ray report filed by thehttp://www.judis.nic.in 17 prosecution.", "20.Therefore, the learned Senior Counsel for the appellants would sum up that the delay in registering the F.I.R., failure to substantiate the evidence regarding the alleged assault and injuries caused, suppression of the counter case, non inclusion of injury found on the accused persons, the embellishment in the evidence of P.Ws.1 to 4, contradictions in the evidence P.Ws.1 to 4 as against their previous statement cumulatively renders the prosecution case highly unbelievable and therefore, it requires interference.", "21.Per contra, the learned Government Advocate (crl.side) would submit that, the two factions in the Sathyapattu Village fighting for the right of administer the Nagathamman Temple is an admitted fact by the accused party.", "The enmity between the two groups has led to unlawful gathering of A.1 to A.16 on 14.07.2009 near the Village water tank.", "P.W.1 has deposed that she belong to Korattiyan faction.", "Two years back, her faction conducted the temple festival.", "So, there was animosity between 'Korattaiyan faction' and 'olive faction'.", "Both the factions were called for 'peace meeting' at Taluk Office, Panruti.", "While so, few days prior to the incident, the temple water pipe was found broken.", "So' on 14.07.2009, at about 4.00 pm, when she washttp://www.judis.nic.in 18 standing in front of the house, A.1 to A.5 came to her and angrily questioned her about their claim of administering the temple.", "When P.Ws.2 to 4 came to her rescue, they were also attacked with knife and wooden log.", "22.The injured persons were first taken to the Government hospital at Panruti.", "Murugan (P.W.13) gave them first aid, noted the injuries and considering the gravity of the injuries, he referred them to the Government Hospital, Cuddalore.", "The Wound Certificates were marked as Exs.", "The oral evidence of the injured witnesses, P.Ws.1 to 4 corroborated by the documentary evidence Exs.", "The knife used in the crime was recovered based on the information given by A.6 in his confession statement.", "The mahazar for recovery is Ex.", "Through the witness for recovery (P.W.11), the prosecution has proved the case.", "23.The appellants herein were the members of the riot.", "Since, A.2 and A.6 had the intention to cause death and caused injuries on P.W.1 and P.W.3 which are likely to cause death, they were rightly convicted for offence under Section 307 I.P.C. A.11 and A.12 caused damage to the motorcycle Hero Honda bearing registration No.", "The prosecution has proved the overt act of A.11 and A.12 through the witnesses present during the riot.", "The presence of other appellants armed with weapon and causing hurt also proved through the evidence of the witnesses to the occurrence.", "The Police Standing order and the judgments relied by the appellants deals about case and counter arising from same transaction.", "Crime No.224/2009 and Cr.", "The case has been tried by the same Judge.", "The injured witnesses were asked about the case during the cross examination, they were not certain about the facts of that case.", "33.The facts of this case is that, due to previous enmity, the accused persons gathered unlawfully with weapons before P.W.1's house and assaulted her.", "When P.Ws.2 and 3 came to her rescue, they were also attacked.", "Subsequently, P.W. 4 came and questioned the rioting mob as to why they are attacking womenfolks (P.Ws.1, 2 and 3).", "For questioning them, they attacked P.W.4 also.", "They damaged the vehicle parked nearby.", "Villagers came hearing commotion then they fled away from the scene of occurrence.", "Now, if one look at the wound certificates of A.1 marked ashttp://www.judis.nic.in 28 Ex.", "D.2, and the wound certificate of Ranganayaki Ex.", "D.3, which were placed by the defence for the Court to appreciate, we find Ex.", "The wound certificate of Ranganayaki indicates that she was assaulted by two persons with stones at the same place and time.", "As already pointed, the injured witnesses, A.1 has suggested that there was free for all fight between the two groups and from each group, 25 persons were involved.", "Whereas, his own wound certificate relied by him, he has deposed that he sustained injury by 5 persons.", "Therefore, it is clear that the injuries found on A.1 was not during the same transaction which is the subject matter of the present case.", "To add, along with A.1 one Ranganayaki was also sustained injury.", "Her complaint - Ex.", "P.1 was recorded at the Kannan Hospital, Cuddalore where P.W.1 was admitted.", "It was recorded on 15.07.2009 at 5.00 am.", "Based on her statement, the F.I.R., was registered in Cr.No.224/2009 by the respondent Police on 15.07.2009 at 6.15 am.", "In herhttp://www.judis.nic.in 30 deposition, P.W.1 has stated that A.1 attacked her on the head with knife;", "A.3 attacked her hit her with wooden log on the left leg, saying she should not have legs to stand.", "A.4 and A.5 hit her on both the legs repeatedly.", "The injuries sustained by P.W.1 is found in the Accident Register - Ex.", "To the Doctor – P.W.14, she has informed that four persons assaulted her with knife and wooden log.", "She was referred to Cuddalore Government Hospital for further treatment.", "She got admitted in Kannan Hospital.", "P.W.13 - Dr.", "Murugan has stated that the 'X' ray reveal fracture at mid third left ulna and scalp injury with hemorrhage in left parietal region.", "The above injuries are grievous in nature.", "The knife - M.O.1 is recovered based on A.6 confession statement.", "P.W.1 has not identified the knife in the Court.", "37.P.W.3 Govindammal is another witness who sustained grievous hurt in the riot.", "She has identified the assailants and also spoken about the injuries caused by them to her.", "She has identified A.6 - Neelakandan who caused cut injury on her left side head, A.7 Krishna Moorthy hit her left hand with wooden log, A.8 Manimozhi hit her on the left leg saying she should not have legs to walk.", "38.P.W.2 - Anjalai has identified the assailants and injuries caused by them.", "She has identified Gnanam who hit her head with knife, A.14 Prabakaran hit her with iron rod.", "39.P.W.4 Sakthivel has identified A.10 Ezhil who hit him in the head using a wooden log when he questioned the mob why they are attacking the women.", "These four witnesses besides identify the respective accused who attacked them and the nature of the injuries caused by them have also deposed about the injuries caused to the other persons and the nature of injuries and weapons used by them to cause the injuries.", "40.It is doubted by the learned Senior Counsel for the appellants that the evidence for the prosecution is full of embellishment and bundle of false.", "When a mob attack, even identifying the assailant itself is difficult whereas, in this case, P.Ws.1 to 4 have not only identified the persons who attacked them but also the accused who attacked others.", "This is not humanly possible, if really, they had sustained injuries in the manner they have deposed.", "Thehttp://www.judis.nic.in 32 omissions and embellishments found in the deposition of P.Ws1 to 4 is admitted by P.W.16 in his cross examination.", "41.As far as this contradiction and embellishments, when the respective witnesses have spoken about the injuries they sustained and the assailants who caused the said injuries, the alleged embellishment is only in respect of corroboration of the injured witness by other eye witnesses.", "Even if that portion of the evidence is to be ignored, the substantive evidence of the victims about the injuries they sustained and the identification of the assailants stand corroborated by documentary evidence namely, the wound certificates Exs.", "The only lapse in the investigation which this Court could find is that, the prosecution has not examined any Doctor from Kannan Hospital where the victims P.Ws.1 to 4 got the treatment.", "However, the Doctor who first treated the injured witnesses has been examined and the wound certificates which were prepared by her at the time of their treatment and reference to Government Hospital for further treatment, are on record.", "These evidence is only sufficient to hold A.2 caused grievous hurt on P.W.1 and A.6 caused grievous hurt on P.W.3 but, it is not sufficient to hold them guilty of attempt to murder.", "The mens rea to commit murder not proved.", "42.Regarding weapons or thing alleged to have used, it is pertinent tohttp://www.judis.nic.in 33 note that the injured witnesses have alleged that knife, iron rods and wooden logs were used by the assailants.", "Govindammal – P.W.3 has deposed that A.6 attacked her with knife on her left side of the head, saying 'get lost'.", "This offence falls under section 326 I.P.C., and not under Section 307 I.P.C since, the evidence are not adequate to prove the attack was with intention to cause death.", "43.As far as A.1 and A.2 are concerned, P.W.1 the injured witnesses has deposed that A.1 hit her on the left hand with iron rod and A.2 hit her on the head with knife, though, the prosecution not able to recover any weapon, the Doctor - P.W.13, has opined that the injuries on P.W.1 cut injury on head and her left forearm ulna was found fractured.", "These injuries could not be caused without dangerous weapon.", "Therefore, A.2 is to be held guilty for offence only under Section 326 I.P.C., and not for offence under section 307 I.P.C. As a result, the finding of the trial Court that A.1 is guilty of offence under Section 326 I.P.C., is confirmed.", "Whereas, the trial Court finding against A.2 guilty of offence under Section 307 I.P.C., is modified as guilty of offence under Section 326 I.P.C..", "44.Since A.1, A.2 and A.6 are proved to be present with deadly weapons along with other member of the unlawful assembly with a common intention, A.1, A.2 and A.6 are guilty of offence under Section 148 I.P.C. The conviction of trial Court A.1, A.2 and A.6 for the offence under Section 148 I.P.C., is confirmed.", "The trial Court has held that the prosecution has failed to prove any other overt act against them except they being members of the unlawful assembly.", "Though, P.W.1 has implicated them, absence of any injuries on her tallying her oral evidence, the trial Court has held A.3 to A.5 for offence under Section 147 I.P.C. This finding is based on reliable evidence hence, confirmed.", "46.P.W.3 – Govindammal has sustained cut injury on her scalp.", "The Doctor found blood oozing and her parietal region exposed.", "P.9 – wound certificate does not corresponds the said attacks.", "So, A.7 and A.8 are guilty only for offence under Section 147 I.P.C. The conviction of A.7 for offence under Section 323http://www.judis.nic.in 35 I.P.C., by the trial Court is set aside, for want of proof.", "47.The charge against A.9 - Jothi is that, he as a member of the unlawful assembly, scolded P.W.3 using the language that “,e;j ty;yhu Xhpia btl;L';flh vd;W nIhjp vd;id ghh;j;J jpl;odhh; ” There is no reliable evidence to hold A.9 uttered the above words.", "Therefore, benefit of doubt has to be given to A.9 in respect of offence under Section 294(b) I.P.C. His presence in scene of occurrence along with other members of unlawful assembly alone is prove.", "So, while confirming his conviction for offence under Section 147 I.P.C., the conviction for offence under Section 294(b) I.P.C., is set aside.", "When P.W.4 questioned the mob why they are attacking women, A.10 has hit him on the head with wooden log.", "In the Accident register – Ex.P.10, the Doctor has noted a deep lacerated wound 7 x 2 cm in frontal region of the scalp.", "The Doctor has opined that this injury is simple in nature.", "Hence, the conviction of A.10 for offence under Sections 147 and 323 I.P.C., are confirmed.", "Therefore, their presence among the members of the unlawful assembly and for causing damage to the hero honda motor cycle are found proved and accordingly, the conviction for offence under Sections 147 I.P.C., and Section 3(1)(a) of PPDL Act are confirmed.", "50.A.13 Gnanam attacked Anjalai -P.W.2 with knife on her hand.", "The wound certificate issued for A.2 reveals she sustained one deep laceration measuring 15x2 cm in the middle of the scalp extending from frontal region to parietal region.", "The Doctor has referred Anjalai - P.W.2 to the Government Hospital Cuddalore, to take 'x' ray of the skull but no 'x' ray was marked during trial.", "The Doctor has opined the said injury sustained by Anjalai – P.W.2 was simple in nature.", "With this evidence, A.13, is held guilty of offence under Sections 148 and 324 I.P.C. This finding and sentence is confirmed.", "51.As far as A.14 is concerned, P.W.2 has attributed some overt act.", "But, there is no corresponding injuries found in P.W.2 when P.W. 13 Doctor examined her.", "Charge under Section 324 I.P.C., against A.14 not found proved.", "His presence along with the other accused assembled unlawfullyhttp://www.judis.nic.in 37 alone is proved.", "So, conviction of A.14 for offence under Section 148 I.P.C., is confirmed.", "53.The charge against A.15 and A.16 is that, they were members of the unlawful assembly armed with deadly weapons and intimidated the victims.", "To prove A.15 to A.16 were present, at the place of occurrence and they both were found in possession of weapons, the prosecution has not let in any trust worthy evidence.", "Therefore, A.15 and A.16 are entitled for acquitted.", "Therefore, the conviction against A.15 and A.16 for offence under Section 148 I.P.C., is set aside.", "54.In the result, the Criminal Appeal is partly allowed in the following terms:-", "(i)The conviction and sentence passed against A.1, A.2, A.6, A.13 and A.14 for the offence under Section 148 I.P.C., are confirmed;", "(ii)The conviction on A.2 and A.6 for offence under Section 307 I.P.C., is modified as offence under Section 326 I.P.C. A.2 and A.6 are sentenced to undergo three years rigorous imprisonment for offence under Section 326 I.P.C., and to pay a fine of Rs.5,000/- in default to undergo two months rigorous imprisonment.", "Similarly, for A.1, who is found guilty of Section 326http://www.judis.nic.in 38 I.P.C., the period of sentence for offence u/s 326 I.P.C., is modified to 3 years and to pay fine of Rs.5,000/- in default 2 months R.I.", "(iii)The Conviction and sentence imposed on A.3 to A.5 and A.7 to A.12 for offence under Section 147 I.P.C., is confirmed;", "(iv)The conviction and sentence imposed on A.9 for offence under Section 294(b) I.P.C., is set aside.", "Fine amount paid, if any, shall be refunded.", "(v)The conviction and sentence imposed on A.10 for offence under Section 323 I.P.C., is confirmed;", "(vi)The conviction and sentence imposed on A.11 and A.12 for offences under Section 3 of TNPPDL Act, is confirmed.", "(vii)The conviction and sentence imposed on A.13 for offence under Section 324 I.P.C., is confirmed.", "(viii)The Conviction and sentence imposed on A.15 & A.16 for offence under Section 148 I.P.C., is set aside.", "The fine amount, if any paid shall behttp://www.judis.nic.in 39 refunded and the bail bond, if any, shall stand cancelled.", "(ix)The above sentences imposed on appellants/accused shall run concurrently.", "2.The Public Prosecutor, High Court, Chennai.", "3.The Criminal Section, High Court, Madras.", "http://www.judis.nic.in 41 G.JAYACHANDRAN.J., jbm Pre Delivery judgment made in Crl.", "A.No.479 of 2012 13.03.2019http://www.judis.nic.in" ]	[ "Section 147 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 326 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 294(b) in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 3 in The Indian Penal Code" ]
141161504	[ "The facts of the case as emerged from therecords need to be noted for deciding the issues raised in this appeal.", "Accused No.3 gave Rs.9 lakh to husbandand son of the complainant for business purposes.", "An agreement dated 29.05.2015 was signed by the husband of thecomplainant and accused No.1 acknowledging the payment of Rs.3 lakh 60thousand in cash and Rs.2 lakh 40 thousand by cheque.", "A cheque of Rs.6 lakhwas handed over by the husband of the complainant to accused No.1 to ensurethe re-payment.", "Partiesentered into an agreement agreeing with certain conditions.", "Third agreement was entered into between the son of complainant and accused No.1 on31.08.2015 wherein son of complainant acknowledged that his parents havetaken an amount of Rs.14 lakh 50 thousand.", "Complainant and her husband gavecheques of Rs.6 lakh and Rs.8 lakh 50 thousand to accused No.1 drawn onPrathama Bank, Kanth Branch, District Moradabad for recovery of the amountgiven by the accused.", "Agreement noticed that the amount was borrowed withpromise to return the amount.", "The agreements were written on Non-JudicialStamp Papers which were not registered but contained signatures of theparties mentioned therein.", "It was stated by accused No.3in the complaint that after lapse of time when the amount was not paid, thecheque was deposited which was returned back by the Bank with remark “NoSufficient Balance”.", "When the opposite parties were contacted in thisregard, the opposite parties told not come to them.", "Accused No.1 had alsofiled an Application on 29.09.2015 under Section 156(3) Cr.P.C. against thecomplainant, her husband and son.", "Cheque given by son of the complainant ofRs.6 lakh to accused No.2 was also dishonoured.", "Complaints against complainant, her husband and sonwere filed in the month of September, 2015 alleging dishonoured of chequeand complaint of non-payment of amount given to the complainant and herhusband and son.", "P.C. against all the three accused alleging commission of offence underSection 376(d),323 and 452 IPC.", "In the application allegation was madeagainst the accused that on 22.10.2015 at about 7.30 p.m. all the threeaccused came to the house of the complainant.", "At that time she was alone inthe house.", "It was alleged that all the three accused started misbehavingwith her.", "They beat her with stick, fist and kick.", "Thereafter, accused,Vineet and Nitendra raped her one by one while Sonu stood outside the room.", "When Sonu told them about arrival of complaint's husband, all the threeaccused fled away.", "It was further alleged that she went to the PoliceStation on the same day but the Police did not register FIR.", "An order dated03.11.2015 was passed by the Additional Chief Judicial Magistrate-IV,Moradabad for registration and investigation to the concerned PoliceStation.", "On 06.11.2015, the First Information Report was registered beingNo.251/2015 at Police Station Kanth, District Moradabad under Section376(d), 323, 452 IPC against the accused.", "After registration of the case,crime was investigated by Investigating Officer(IO).", "The IO recorded thestatements of complainant, her husband and mother-in-law.", "Complainant inher statement repeated her allegation.", "Our children are also growing to beyoung.", "When you people visit it has effect on them.", "Now they are realisingthe mistake.", "From the material on records, following facts are disclosed from thesequence of events which preceded the registration of FIR on 06.11.2015.The complainant, her husband and son had taken different amounts totallingRs.22 lakh 50 thousand in the month of May, 2015 for business/shop purposesfrom the accused.", "Three agreements were written on Non-Judicial StampPapers on 29.05.2015, 01.06.2015 and 31.08.2015 wherein complainant, herhusband and son have acknowledged receipt of the money in cash as well asby cheque.", "Cheques of Rs. 6 lakh, Rs.14 lakh 50 thousand were given toaccused for ensuring the repayment.", "Cheques were drawn on the PrathamaBank, Kanth Branch, District Moradabad.", "Cheques were deposited in the Bankwhich were returned with endorsements “No Sufficient Balance”.", "The complainant alleges rape by the accused on 22.10.2015 at 7.30p.m.", "ASHOK BHUSHAN, J.", "This appeal has been filed against the judgment dated 16.12.2016 ofthe High Court of Judicature at Allahabad dismissing the Application filedby the appellants under Section 482 Cr.P.C. Appellants had filedApplication under Section 482 Cr.P.C. for quashing the judgment and orderdated 03.08.2016 passed by Additional Chief Judicial Magistrate-IV,Moradabad summoning the appellants for an offence under Section 452, 376(d)and 323 IPC, as well as order dated 22.10.2016 passed by the DistrictSessions Judge, Moradabad dismissing the Criminal Revision filed by theappellants.", "The appellants shall hereinafter be referred to as accused andrespondent No.2 as complainant.", "On 30.10.2015 complainant filed an Application under Section 156(3)Cr.", "It was further stated that she wentalong with her husband to Police Station but report was not lodged.", "On nextday, she went to Government Hospital, Moradabad with her husband formedical examination.", "Doctor conducted medical examination to externalinjuries but refused to her internal examination.", "Husband and father-in-lawof the complainant also recorded statements.", "They stated that before theyarrived at the house, accused had already fled away.", "IO asked thecomplainant “as to whether now she is ready to get done medicalexamination”, husband of the complainant answered “no, now there is nobenefit out of medical examination.", "Now, I don't want to get my wife'smedical examination done as much time has been elapsed“.", "When the husbandwas also asked some questions to get her wife medically examined followinganswers were given by the husband:", "\"Question – Now get the medical examination of hour wife done so thatD.N.A. etc. proceeding could be done?", "Ans.- This occurrence is of 22.10.2015 in the evening at 19.30 hrs.", "andsince then till now I have also have sexual intercourse with my wifeseveral times.", "Before the IO, complainant, her husband, father-in-law and mother-in-law all stated that at the time of occurrence there was no electricity.", "The accused also recorded statement of various persons in support ofthe claim of the accused that at the time alleged by the complainant theywere not present and till 9 p.m. they were with their friends in DusheharaMela.", "Pathology Report (filed at page 50 of paperbook) stated as : “No spermatozoa alive or dead are seeing the receivedsmears within sealed envelope”.", "On 24.11.2015 complainant got her statement recorded under Section164 Cr.P.C. In the statement the age of complainant was recorded as 47years.", "In the statement the complainant repeated her allegations.", "After statement under Section 164 Cr.P.C. was recorded, IO carriedout detailed investigation by recording statements of brother ofcomplainant's husband and his wife.", "Along with the complainant, the brotherof her husband as well as his wife were also staying in the same house atthe relevant time.", "The IO recorded the statement of Nikesh Kumar, brotherof complainant's husband.", "It is useful to extract below the statement ofbrother of complainant's husband as recorded by the IO:", "\"Statement of Shri Nikesh Kumar son of Subhash Chandra Vishnoiresident of Mohalla Vishanpura, Kasba Kanth is present.", "Upon enquiry hasstated that on 22.10.15 there was Dushehara Mela.", "I alongwith my childrenhad gone to see Mela(Fair) and had returned back to my house at 5.00-5.30p.m.", "Rekha Rani is my real Bhabhi (sister-in-law).", "There has been monetarytransaction between Akhilesh and Vineet.", "Time to time my brother used toborrow a sum of Rs.", "Two lakh, four lakh from Vineet and used to invest thesame in his business and then used to return.", "Now there has been inter-sedispute among them owing to monetary transaction.", "I have spade my brother Akhilesh and father have also scoldedhim.", "I and my wife have gone to Court.", "Moradabad and havesubmitted our affidavit in the Court.", "We have mentioned the correct facttherein.", "The wife of Nikesh Kumar, Smt. Bina Vishnoi also made the followingstatement before the IO which is the part of the Case Diary:", "\"Statement of Smt.", "Bina Vishnoi w/o Nikesh Kumar resident of MohallaVishanpura Kasba and P.S. Kanth is present.", "Upon enquiry, she has statedthat on 22.10.15 there was Dushehara festival and we after seeing DusheharaMela had returned back and came at our house at about 5.00 p.m. I hadopened my shop.", "I have a grocery shop.", "Most of transaction takes place inthe evening.", "Rekha is my elder real Jethani.", "My Jeth Akhilesh has monetarytransaction with Vineet and others.", "He used to borrow money Rs. Two lakh,four lakh from Vineet to invest the same in his business and the returnsthe same.", "Now what has happened I do not know and inter-se dispute hascropped up among them and my Jethani has taken such a wrong step which doesnot happens in our house.", "Our family and the family of Vineet are therespected family of Mohalla and we have business and trade of lakh ofrupees.", "We have spade an scolded them.", "No occurrence of rape etc. has happened in our house and inthis regard the complete Mohalla will tender evidence.", "I have even appearedin the Court and submitted an affidavit and will tell the true fact in theCourt.", "Question- On 22.10.15 in the evening at 7.30 p.m. you were present atyour room/shop the whether you have heard any cry or had seenVineet coming or going?", "- On 22.10.15 since 5.00 p.m. we were at our house and no one had comein our house and Rekha has informed us.", "No such occurrence of rape couldtake place in our house.", "You could enquire from our all neighbours.”", "The affidavits were also given by Nikesh Kumar and Smt. Bina Vishnoiwho were residing in the same house.", "Smt. Bina Vishnoi is also running ashop of General Store in one portion of the house.", "She stated that on thedate of occurrence Rekha Rani was in her parental house to celebrateDushehara and was not present at her house.", "IO after completion of investigation and after taking intoconsideration the materials collected during the investigation came to theconclusion that no such incident took place on 22.10.2015 as alleged by thecomplainant.", "Final Report No.40/15 was submitted by the IO on 29.11.2015which is to the following effect:", "“The First Information Report in the above mentioned incident wasregistered on 6.11.2015 and the investigation was taken up by me.", "Afterrecording the statement of the witnesses and inspection of the place ofoccurrence the allegation was found to be false by me.", "Therefore this finalreport No.40/15 is being submitted for your consideration.”", "After submission of Final Report on 29.11.2015 Police has alsosubmitted a further report before the Additional Chief Judicial Magistratefor initiating proceeding under Section 182 Cr.P.C. against thecomplainant.", "Itwas allowed by the Addl.", "An Application under Section 482Cr.", "P.C. was filed before the High Court.", "It was allowed and order dated28.05.2016 was set aside directing the Magistrate to pass fresh order.", "TheMagistrate passed again order dated 03.08.2016 summoned the accused.", "The accused filed Application under Section 482 Cr.P.C. to quash theorder dated 03.08.2016 and the order passed by the Sessions Judge.", "It wasprayed by the accused that orders were passed without appreciating theevidence and material on records, they deserve to be set aside and theProtest Petition be rejected.", "The High Court refused the prayer forquashing the orders by making the following observations:", "The disputeddefence of the accused cannot be considered at this stage.”", "Aggrieved by the above judgment of the High Court this appeal hasbeen filed.", "Learned counsel for the appellants contended that criminalproceedings initiated by the complainant in the facts of the present casewas malafide and falsely initiated to save complainant, her husband and sonfrom making repayment of the amount taken by them with regard to whichcomplaint under Section 138 of Negotiable Instruments Act by the accusedwere already filed and pending.", "We have considered the submissions made by the parties and perusedthe records.", "at her house and alleges that on the same day she went to the PoliceStation but FIR was not registered.", "She states that after sending anapplication on 26.10.2015 to the SSP, she filed an Application underSection 156(3) Cr.P.C. before the Magistrate.", "IO on07.11.2015 when asked the complainant to get medical examination done,complainant and her husband refused.", "The incident having taken place on22.10.2015 at 7.30 p.m. nothing was done by the complainant and her husbandtill 26.10.2015 when she alleges the Application was sent to SSP.", "During investigation, IO has recorded the statements of brother ofcomplainant's husband as well as Smt. Bina Vishnoi, the wife of husband'sbrother who were residing in the same house and have categorically deniedthat any incident happened in their house.", "Both, in their statements andaffidavits have condemned the complainant for lodging a false report.", "On 29.11.2015itself, the IO has submitted another report for prosecution of complainantunder Section 182 Cr.P.C. for giving false information to the Police.", "It is true that in the statement under Section 164 Cr.", "P.C, thecomplainant repeated her allegation.", "In compliance with the order passed by the Hon'ble High Court andfrom the perusal of evidence and entire case diary this Court comes to theconclusion that the complainant is required to be registered as policecomplainant and there are sufficient grounds to summon the accused VinitKumar, Sonu and Nitendra for their trial under Section 376D, 323 and 352 ofIndian Penal Code.”", "Learned Sessions Judge has also affirmed order taking note ofstatement under Section 164 Cr.P.C.", "There was sufficient material on record to indicate that there werefinancial transactions between the accused and complainant, her husband andson.", "On dishonour of cheques issued by the complaint's husband and sonproceedings under Section 138 of Negotiable Instruments Act were alreadyinitiated by the accused.", "All family members of the complainant were livingin the same house.", "Brother of husband and his wife, in their statementsbefore the IO have admitted monetary transactions of his brother with theaccused.", "The statements before the IO of both the Nikesh Kumar and Smt.", "Bina Vishnoi have already been extracted above, which were part of the CaseDiary and was material which ought to have been looked into which wassubmitted by the IO in the Final Report.", "The fact is that no medical examination was got done on the date ofincident or even on the next day or on 07.11.2015, when IO asked thecomplainant and her husband to get done the medical examination.", "In the above case the complainant lady aged 21 years lodged an FIRunder Section 328 and 354 IPC with regard to the incident dated 15.02.2007.She sent a telephonic information on 16.02.2007 and on her statement FIRunder Sections 328 and 354 IPC was registered against the appellant.", "Aftera lapse of five days on 21.02.2007 she gave a supplementary statementalleging rape by the appellant on 23.12.2006, 25.12.2006 and 01.01.2007.Statement under Section 164 Cr.P.C. of the prosecutrix was recorded.", "However, on the ground of statement made under Section 164Cr.", "P.C. charge-sheet was submitted.", "Paragraph 10 of the judgment whichnotes the charge-sheet is as follows:", "On 28.6.2007, the police filed a chargesheet under Sections328,354 and 376 of the Indian Penal Code.", "In the chargesheet, it wasclearly mentioned, that the police investigation, from different angles,had not yielded any positive result.", "However, the chargesheet was based onthe statement made by the complainant/prosecuterix before the MetropolitanMagistrate, New Delhi under Section 164 of the Code of Criminal Procedure,which was found to be sufficient for the charges alleged - against theappellant-accused.", "“I the Inspector, tried my best from all angles to recover the intoxicatingsubstance/Pepsi/Pepsi glass and undergarments worn at the time of the rape.", "But nothing could be recovered and for this reason, the blood sample ofaccused could not be sent to FSL.", "As from the investigation so farconducted, no proof could be found in support of the crime under Section328/354 IPC and even the position of accused Prashant Bharti is notavailable at Lodhi Colony at the date and time as his mobile phone ill.", "However, prosecuterix Priya Porwal made statement on 21.2.2007 and on27.2.2007 under Section 164 Cr.P.C. which is sufficient in support of hischallan for the offence under Section 376 IPC.” (emphasis supplied)”", "Dissatisfied with the framing of charges Criminal RevisionPetition was filed which was dismissed by Delhi High Cort on 16.01.2009.The order of Additional Sessions Judge has been extracted by this Court inparagraph 14 which is quoted below:", "Dissatisfied with the action of the trial Court in framing chargesagainst him, the appellant-accused filed Criminal Revision Petition no. 08of 2009, whereby he assailed the order dated 1.12.2008 passed by theAdditional Sessions Judge, New Delhi.", "The Delhi High Court dismissed therevision petition on 16.1.2009, by inter alia observing as under:-", "Most importantly, as against the aforesaid allegations, no pleadingswhatsoever have been filed by the complainant.", "Even in the chargesheet dated 28.6.2007, (extracted above) the investigating officer hasacknowledged, that he could not find any proof to substantiate the charges.", "The charge-sheet had been filed only on the basis of the statement of thecomplainant/prosecutrix under Section 164 of the Cr.P.C.", "Wetherefore have no hesitation whatsoever in concluding, that judicialconscience of the High Court ought to have persuaded it, on the basis ofthe material available before it, while passing the impugned order, toquash the criminal proceedings initiated against the accused-appellant, inexercise of the inherent powers vested with it under Section 482 of theCr.", "P.C. Accordingly, based on the conclusions drawn hereinabove, we aresatisfied, that the first information report registered under Sections328, 354and 376 of the Indian Penal Code against the appellant-accused, andthe consequential chargesheet dated 28.6.2007, as also the framing ofcharges by the Additional Sessions Judge, New Delhi on 1.12.2008, deservesto be quashed." ]	[ "Section 376 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 354 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 494 in The Indian Penal Code", "Section 161 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 109 in The Indian Penal Code" ]
109776748	[ "3.(1).", "The case of the prosecution is that P.W.1 is working as an Assistant in the Keelakudi Panchayat Union.", "On 26.02.2011, at about 10.30 a.m., P.W.1 along with P.W.2, P.W.3 and P.W.4 went to the appellant's house to issue pamphlets and also to receive his signature in the tender note book regarding to auction fishes in the pond and coconut trees, which belong to the Kelakudi Panchayat Union.", "But the appellant refused to receive the pamphlets and did not sign in the tender note book.", "Suddenly, the appellant abused P.W.1 by mentioning his Caste name and also assaulted him on his shoulder and chest.", "Thereafter P.W.1 was taken to the Nanilam Governmenthttp://www.judis.nic.in2/13 CRL.", "A. (MD) NO. 287 of 2014 Hospital by P.W.5, where P.W.1 was given treatment.", "On receipt of the information, P.W.12, who is the Sub Inspector of Police went to the Hospital, received complaint from P.W.1, after returning to the Police station, registered a case in Crime No.67 of 2011, for the offences under Sections 294(b), 323 I.P.C. and Section 3 (1) (x) of the SC/ST Act, registered F.I.R-Ex.", "The printed F.I.R. sent to higher officials.", "3.(2).", "P.W.11, Deputy Superintendent of Police, received the authorisation order-Ex.", "P.7, from the Superintendent of Police, taken up investigation, visited scene of occurrence, recorded statement of witnesses, prepared Observation Mahazar-Ex.", "P.9, Rough Sketch-Ex.", "P. 10 and arrested the appellant.", "Subsequently, P.W.11 was transferred to another place and he handed over case records to P.W.13, who was holding additional charge.", "The Deputy Superintendent of Police, received the authorisation order-Ex.", "P.11 from the Superintendent of Police, continued the investigation, obtained Community Certificate- Ex.", "P.6 of P.W.1 and Community Certificate-Ex.", "P.4 of the appellant from P.W.10-Tahsildar.", "He obtained Accident Register-Ex.", "P.5 from P.W.9, the Doctor from Nannilam Governement Hospital, for the injuries sustained by P.W.1, which were simple injuries.", "➢ He would further submit that P.W.2 to P.W.4 have clearly stated in their evidence that P.W.1 was called by his caste name in the public place.", "➢ P.W.8, who is the Tahsildar, had given a Community Certificate of P.W.1 and the appellant.", "➢ P.W.12 is the Sub Inspector of Police, who received the information from the Nannilam Government Hospital, received the complaint, registered First Information Report-Ex.", "This Criminal Appeal has been filed against the judgment passed in Spl.", "S.C.No.20 of 2012, dated 01.09.2014, by the learned I Additional District Sessions Court, Thanjavur, convicting the accused 1/13http://www.judis.nic.in CRL.", "A. (MD) NO. 287 of 2014 for the offences under Sections 294 (b), 323 of the Indian Penal Code r/w Section 3 (1) (x) of the SC/ST Act.", "The appellant is the sole accused in this case.", "P.W.9 sent P.W.1 to Thiruvarur Governement Hospital for further treatment.", "Thereafter, the Police completed the investigation, filed a chargehttp://www.judis.nic.in3/13 CRL.", "A. (MD) NO. 287 of 2014 sheet against the appellant for offences under Sections 323 I.P.C. and Section 3 (1) (x) of the SC/ST Act, before the learned Ist Additional Sessions Court, Tanjore.", "In order to prove the case of the prosecution, on the side of the prosecution as many as 13 witnesses were examined as PW.1 to PW.13 and 11 documents were marked as Ex.", "P.1 to Ex.", "No material objects were marked.", "On the side of the accused, one witness was marked as D.W.1 and 4 documents were marked as Ex.D. 1 to Ex.", "When the appellant was questioned u/s 313 Cr.P.C. about the incriminating circumstances appearing against him, he denied the same.", "The trial Court, on the basis of the oral and documentary evidence, convicted and sentenced the accused as aforesaid, challenging the legality of the said conviction and sentence, the present appeal has been filed by the appellant.", "The learned counsel appearing on behalf of the appellant made the following submissions:http://www.judis.nic.in4/13 CRL.", "➢ He would further submit that the father of P.W.2 viz., P.W.7 / Thirisangu, has also filed a civil suit against the appellant and others.", "➢ He would submit that on the date of occurrence, the tender notice was issued by P.Ws.1, 2, 3 and 4 to the appellant.", "At that time, the appellant is said to have received tender note book and thereafter, refused to return the same.", "P.W.1 was admitted in the Nannilam Government Hospital, got treated by P.W.9, thereafter, on request of P.W.1, he was referred to Thiruvarur Governement Hospital.", "In this case, the Doctor, who gave treatment in Thiruvarur Governementhttp://www.judis.nic.in5/13 CRL. A. (MD) NO. 287 of 2014 Hospital, was not examined.", "Further witnesses namely P.W.2, 6 and 7 are relatives, they all belong to same family.", "➢ He would submit that the tender notice which is alleged to be taken away by the appellant was not seized, the Panchayat President has not given any complaint.", "➢ He submits that P.W.3, the witness to the occurrence had not supported the case of the prosecution.", "➢ P.W.4 has stated in his evidence that P.W.1 sustained blood injuries.", "But in the cross-examination, he states that he was not present in the scene of occurrence.", "From the medical records, it is seen that P.W.1 had not sustained any injuries.", "The presence of P.W.4 in the scene of occurrence is highly doubtful.", "➢ Further, the appellant had examined D.W.1, the Doctor from the Nannilam Government Hospital and on the side of the accused, Ex.", "D.1, Ex.", "D.2, Ex.", "D.3 and Ex.", "D.4 were marked.", "D. 1 is the medical record of P.W.2, from which, it could be seen that P.W.2 was brought by Manivannan, the President of Panchayat Union for medical treatment.", "On the other hand, the case is that P.W.1 was brought by P.W.2 as mentioned in Ex.", "P.5- Accident Register.", "Hence, P.W.2's version is unbelievable.", "As per Ex.", "D.1, P.W.1 was admitted in the Hospital.", "Then, she could not have accompanied P.W.1 for treatment and this fact has nothttp://www.judis.nic.in6/13 CRL.", "A. (MD) NO. 287 of 2014 been considered by the trial Court.", "Adverse, interference under Section 141 (g) has to be drawn.", "➢ He further submitted that the entire documents and witnesses have been fabricated against the appellant, since the appellant was oppossing Manivannan, the President of the Panchayat Union in conduct of auction of the pond.", "Hence, he had been falsely implicated.", "Further, P.W.9 admits that no injury leading to pain were seen or observed, the recordings in Ex.", "P.5 was made at the instance of P.W.1 ➢ The appellant had marked Ex.", "D.2 to Ex.", "D.4, from which, it could be seen that the appellant had earlier sustained fractures and he was not in a position to move freely.", "Infact after being arrested, he was taking treatment as inpatient for a period of one week.", "Hence, the evidence of P.W.1 is unbelievable.", "The learned Governement Advocate (Criminal side) appearing on behalf of the respondent Police made the following submissions:", "http://www.judis.nic.in7/13 CRL.", "A. (MD) NO. 287 of 2014 ➢ Per contra, the learned Governement Advocate (Criminal side) appearing for the respondent submitted that P.W.1, P.W.2, P.W. 3 and P.W.4 are relatives.", "They went to the appellant's house to distribute pamphlet.", "On the date of occurrence, the appellant abused P.W.1 by using prohibitory words regarding his caste name.", "He further submitted that not only utterance of caste name.", "P.W.1 was subjected to physical attack by the appellant, which led to registration of the First Information Report.", "Subsequently, he washttp://www.judis.nic.in8/13 CRL.", "A. (MD) NO. 287 of 2014 transferred and placed all records to the concerned Police Station, P.W.13, the Deputy Superintendent of Police was conducted further investigation and filed charge sheet before the concerned Court.", "The lower Court on proper analysis of the evidence and the materials available on record had rightly convicted the appellant.", "➢ He would submit that there was sufficient evidence let in before the trial Court.", "Considered the elaborate submissions of the learned counsel for the appellant and the submissions of the learned Government Advocate (Criminal side) and perused the materials and the pleadings placed on record.", "10. Discussion:-", " It is seen that certain case of the prosecution is that P.W.1, P.W. 2, P.W.3 and P.W.4 were together went to the appellant's home and distributed auction public notice.", "At that time, the appellant is said to have abused P.W.1 by using prohibitory words, by calling upon his caste name and attacked him.", "P.W.1 was taken to Government Hospital, Nannilam, by P.W.2 for treatment, thereafter, taken to Government Hospital, Thiruvarur, by P.W.5, the brother of Panchayat President.", "Thehttp://www.judis.nic.in9/13 CRL. A. (MD) NO. 287 of 2014 witnesses have admitted about cases pending between the appellant and P.W.5, P.W.7 and others.", "They were hostile towards the appellant.", " Ex.", "D.1 is the medical record of P.W.2, from which, it could be seen that P.W.2 was brought by Manivannan for treatment.", "On the other hand, P.W.1 was brought by P.W.2 as can be seen from Ex.", "P.5-Accident Register.", "This fact suppressed by the prosecution, P.W.2's version is doubtful.", " P.W.3 has not supported the case of the prosecution.", " P.W.4 states that P.W.1 sustained blood injuries.", "On the other hand, P.W.9-Doctor, who treated P.W.1 and issued Ex.", "P.5- Accident Register, categorically states that no injuries were found and it was claim of P.W.1 that he was suffering from pain.", "P.W. 4 admits about the presence of said Manivannan in the Court.", "Under such circumstances, the presence of P.W.4 is doubtful.", " There is a civil dispute pending between the appellant and P.W.", "5, brother of Manivannan, the President of the Panchayat Union regarding the auction of the pond in the Village.", "To Take revenge, P.W.1 is used as a weapon by Manivannan, Panchayat President of the Union.", "The evidence of P.W.1 does not inspire confidence.", "The presence of P.W.2 is highly doubtful.", "P.W.4http://www.judis.nic.in10/13 CRL.", "P.W.5 is the brother of Manivannan, with whom, the appellant was having feud.", "All the witnesses are inimically deposed against the appellant, vital materials are suppressed.", " The prosecution has failed to prove the case beyond reasonable doubts.", "Considering the rival submissions as discussed above and the other materials available on record, this Court is inclined to interfere with the findings of the Trial Court.", "In the result, the Criminal Appeal is allowed.", "The conviction and sentence imposed on the appellant in Spl.", "S.C.No.20 of 2012, on the file of the learned 1st Additional District Sessions Judge, Thanjavur, dated 01.09.2014, is set aside and the appellant is acquitted of the charges framed against him.", "The bail bond, if any, executed by the appellant shall stand cancelled.", "The fine amount, if any, paid by the appellant shall be refunded to him.", "1) The Ist Additional District Sessions Court, Thanjavur.", "2) The Inspector of Police, Nannilam Police Station, Thiruvarur District.", "3) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.", "4) The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.http://www.judis.nic.in12/13 CRL. A. (MD) NO. 287 of 2014 M.NIRMAL KUMAR, J.", "tsg JUDGMENT IN CRL.", "A. (MD) NO. 287 of 2014 Dated 04.12.2019http://www.judis.nic.in13/13" ]	[ "Section 323 in The Indian Penal Code", "Section 294(b) in The Indian Penal Code", "Section 3 in The Indian Penal Code" ]
1045226	[ "Animadverting upon the judgement dated 31.3.2006 passed by the Additional District and Sessions Judge (Fast Track Court), Vellore, in Crl.", "A.No.91 of 2005 confirming the judgement dated 24.6.2005 passed by the Judicial Magistrate No.III, Thiruppathur, Vellore District, in C.C.No.96 of 2004 this criminal revision case is focussed.", "The long and short, and the epitome of the relevant facts, which are absolutely necessary and germane for the disposal of this criminal revision case, would run thus:", "(a) The police laid the police report in terms of Section 173 of Cr.P.C. as against the accused for the offence under Sections 279, 338 and 304(A) of I.P.C. Since the accused pleaded not guilty, trial was conducted.", "(b) During trial, on the side of the prosecution as many as twelve witnesses were examined as P.W.1 to P.W.12 and Exs.", "P1 to P8 were marked.", "On the accused's side no oral or documentary evidence was adduced.", "(c) Ultimately, the trial Court recorded the conviction and imposed the following sentences:", "Case No.", "(d) Being aggrieved by and dissatisfied with the judgement of the trial Court, the appeal C.A.No.91 of 2004 was filed before the Judicial Magistrate No.III, Thirupathur, for nothing but to be dismissed by the appellate Court.", "Challenging and impugning the judgements of both the Courts below, this revision is focussed on various grounds, the warp and woof of them would run thus:", "On seeing P.W.2 and his father, suddenly the driver applied the break of the vehicle and because of that, the said minidoor lorry capsized and as such, the driver of it was not at fault." ]	[ "Section 338 in The Indian Penal Code", "Section 304A in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 279 in The Indian Penal Code" ]
104543016	[ "The brief facts of the case are as follows:-", "The first accused is residing in the house of P.W.1 as tenant.", "Since the first accused was asked to vacate the house by P.W.1 and P.W. 3 / mother of P.W.1 because of their intolerable act, in order to wreck vengeance against P.W.1, on 18.03.2007 at about 05.30 p.m., when P.W. 1 was proceeding to his house in his bicycle in Duvipuram first street, on receiving information from the third accused about the coming of P.W.1, the first and second accused said to have waylaid P.W.1 at the knife point, attacked him and abused him in filthy language.", "COMMON PRAYER: These Criminal Appeals are filed under Section 374 of Criminal Procedure Code against the judgment and conviction rendered by the Additional Sessions Judge, (Fast Track Court No.I), Thoothukudi in S.C.No.182 of 2007 vide his judgment dated 17.10.2007 by convicting the appellant under Section 307 IPC and sentenced him to undergo 5 years RI and to pay a fine of Rs.1,000/- in default to undergo 2 months RI.", "directed against the judgment dated 17.10.2007 made in S.C.No.182 of 2007 on the file of the learned Additional Sessions Judge, (Fast Track Court No.", "I), Thoothukudi.", "He managed to escape from the scene of occurrence and he was admitted in a Government Hospital for taking treatment.", "On receiving information about the occurrence from the Hospital, where the victim was admitted, the respondent police went there and obtained complaint and registered a case in Crime No.119 of 2007, thereafter, forwarded the complaint and the FIR to the Court, which were received by the learned jurisdictional Magistrate.", "In thehttp://www.judis.nic.in 3 mean time, he handed over the case diary to the investigating Officer.", "The case was taken up for investigation by P.W.12, Inspector of Police.", "He had proceeded to the place of occurrence on the same day, prepared an observation mahazar and rough sketch and submitted a final report before the learned Judicial Magistrate No.II, Thoothukudi for the offences under Sections 341, 294(b), 307 and 506(ii) IPC.", "The learned Magistrate No.II, Thoothukudi has taken up the case on file and after completing the formalities, the learned Magistrate found that the case is triable exclusively by the Court of Sessions and therefore, committed the case to the learned Principal Sessions Judge, Thoothukudi, who in turn, had taken up the case in S.C.No.182 of 2007 and made over to the learned Additional Sessions Judge (Fast Track Court No.I), Thoothukudi.", "The learned Additional Sessions Judge, after completing the formalities, has framed charges against the first and second accused for the offences under Sections 341, 294(b) and 307 IPC and against the third accused under Sections 341 and 307 r/w 34 IPC.", "In order to prove the case of the prosecution, during trial, on the side of the prosecution as many as 12 witnesses were examined as P.Ws.1 to 12 and 11 documents were marked as Exs.", "P1 to P11 and five materialhttp://www.judis.nic.in objects were marked.", "On the side of defendants, no oral and 4 documentary evidence have been adduced.", "At the time of questioning the accused under Section 313 Cr.P.C., they have denied the same.", "After hearing the arguments advanced by the learned counsel on either side and considering the material evidence, the trial Court has found the first and second accused / appellants herein, guilty under Section 307 IPC and sentenced them to undergo five years R.I., under Section 307 IPC and to pay a fine of Rs.1,000/- in default to undergo 2 months R.I., and the third accused was found not guilty for the charges against him.", "There is no representation for the second accused.", "The learned counsel appearing for the first accused has agreed to appear on behalf of the second accused as they have jointly committed offence.", "The learned counsel appearing for the appellants would submit that the complainant has falsely foisted the case against the appellants.", "There is no enmity or motive against the de-facto complainant established by the prosecution as projected by the prosecution.", "He would further submit that there is a quarrel between the group of fans in the theatre, wherein the accused and the defacto complainant were watching movie.", "Due to the same, the defacto complainant sustained injuries, for which the accused are complained of.", "Hehttp://www.judis.nic.in would further submit that the respondent police did not investigate 5 the case properly and foisted a false case against the appellants.", "Though the defacto complainant has stated that the accused attacked the defacto complainant, when he was on his cycle, no cycle was recovered by the respondent Police.", "The copy of the Accident Register has not been marked in this case.", "The defacto complainant has stated before the Doctor how he sustained injuries and how many persons attacked him.", "The Wound Certificate marked by the prosecution has not revealed the said facts.", "He would further submit that the knife, which was said to have been used to attack the defacto complainant has not been sent for forensic test.", "Except P.W.1, no other witnesses have been cited.", "Even that witness has not supported the case of the prosecution.", "P.W.3 mother of P.W.1 has not spoken that since the first accused used to quarrel with his wife, he was asked to vacate the house of P.W.1. P.W.7, has also not spoken about the involvement of the appellants in this case.", "Therefore, except P.W.1, no other witnesses have spoken about the involvement of the appellants in this case.", "Hence, the prosecution has failed to establish the actual motive between the appellants and the defacto complainant.", "He would further submit that the trial Court has failed to consider all the legal and factual matter and only on sympathy ground, the appellants were accused of and pray for dismissal of these appeals.", "The learned Additional Government Pleader appearing for thehttp://www.judis.nic.in State would submit that there is a clear motive as suggested in this 6 case.", "Since the first accused was used to quarrel with his wife, P.W.1 asked the first accused to vacate the house.", "Even from the evidence of P.W.3, it is seen that the first accused used to suspect the fidelity of the wife and also quarrelled with her and sometimes attacked her.", "Further the evidence of P.W.3 and P.W.7 spoken about the motive and therefore, the prosecution has proved the case beyond reasonable doubt and the finding of the trial Court does not require any interference.", "Heard the learned counsel appearing on either side and perused the materials placed on record.", "It is the case of the prosecution that the first accused is residing in the house of P.W.1 as tenant.", "Since the first accused was asked to vacate the house by P.W.1 and P.W.3 / mother of P.W.1 because of their intolerable act, in order to wreck vengeance against P.W.1, on 18.03.2007 at about 05.30 p.m., when P.W.1 was proceeding to his house in his bicycle in Duvipuram first street, on receiving information from the third accused about the coming of P.W.1, the first and second accused said to have waylaid P.W.1 at the knife point, attacked him and abused him in filthy language.", "He managed to escape from the scene of occurrence and he was admitted in a Government Hospital for taking treatment.", "A careful reading of the evidence of P.W.1 clearly shows that the first accused was residing in the house of P.W.1 and the first accused used to suspect the fidelity of his wife and used to quarrel with her and some time he used to attack her.", "Due to wreck vengeance for the above reason, the first accused along with the second and third accused waylaid P.W.1 at 05.30 p.m., on 18.03.2007, when he was returning to his home after watching a movie.", "The first and second accused pushed the cycle of the defacto complainant and scolded him with filthy language.", "The second accused has stabbed the defacto complainant in his left chin.", "P.W.1 managed to escape from the scene of occurrence and admitted in a hospital with the help of a third person.", "Though no other witnesses have supported the case of the prosecution, P.W.1, who is the injured witness, has clearly narrated about the incident.", "P.W.3, mother of P.W.1 has also clearly spoken about the conduct of the first accused, while he was residing in her house and why he was asked to vacate.", "Though FIR was registered against the first and second accused, during trial the third accused was charged and since prosecution has not proved its case beyond reasonable doubt against the thirdhttp://www.judis.nic.in accused, the trial Court has acquitted the third accused.", "The trial Court has believed the evidence of P.W.1 coupled with the evidence of P.W.2, Doctor." ]	[ "Section 307 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 294(b) in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
104544046	[ "08.10.13 Item No. 24 Court No.17 A.B.", "Item No. 24", "And In the matter of: Panchu Gopal Dolui & Ors.", "- versus -", "The State of West Bengal Opposite Party Mr. Gouranga Kumar Das For the Petitioners Mr. Asraf Ali Mr. Suman De For the State The Petitioners, apprehending arrest in connection with Dholahat Police Station Case No. 315 of 2013 dated 02.09.2013 under Sections 326/447/448/307/34 of the Indian Penal Code, have applied for anticipatory bail.", "We have heard the learned Advocates for the parties.", "We have seen the case diary and other relevant material on record including the injury reports.", "The injured victim was admitted in the hospital for 3 days.", "The application for anticipatory bail is, thus, disposed of.", "(Nishita Mhatre, J) (Ranjit Kumar Bag, J)" ]	[ "Section 34 in The Indian Penal Code", "Section 447 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 438 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 326 in The Indian Penal Code" ]
104559364	[ "The applicant is further convicted for theoffence punishable under Section 376(2) (i) of IPC but no separatesentence is awarded.", "The substantive sentences were directed to runconcurrently.", "Report submittedby police with regards to the service upon the respondent No.2 isplaced on record.", "The report indicated that the parents of respondentNo.2 had requested that they may be represented by advocatethrough legal aid.", "The prosecutions case is that, the victim was aged about15 years at the time of incident.", "On 12 th January, 2016 she did notreturn home after attending stitching classes.", "The father of victimcame to know from friend of victim that the victim and the accusedwho are resident of same area were acquainted with each other andthey had eloped.", "Complaint was lodged for the offence underSections 363, 366-A of IPC.", "Her statement was recorded.", "She stated that the accusedenticed her by saying that he loves her and wants to marry with her.", "Ganesh Lokhande 3 of 7 IA-214-19 in Apeal-1417-19.docShe was taken to his friend's house at Solapur.", "Accused committedsexual intercourse with her.", "It is submitted that even if victimhas consented, she was minor aged about 15 years and her consentcannot absolve the accused from offence.", "She was threatened by theaccused to accompany her.", "The charges are proved against theaccused.", "Applicant is in custody from 14 th January, 2016 i.e. for aperiod of four years nine months.", "The evidence on record indicatesthat the victim was aged about 15 years at time of incident.", "She has Ganesh Lokhande 5 of 7 IA-214-19 in Apeal-1417-19.docdeposed that the accused was residing in the same locality and shewas acquainted with him.", "On 13th January, 2016 she went forstitching class.", "She decided to go out with her friend Sonali.", "Accusedcame there.", "Sonali and accused waiting for her to go out.", "Sherefused to join them.", "Accused told her that if she does not join them,he will make show.", "Victim was frightened and accompanied him onhis motorcycle.", "Sonali was also with them.", "Thereafter, Sonali lefttheir company.", "Victim proceeded with accused on his motorcycle.", "He parked his motorcycle and both of them boarded auto rickshaw.", "She was threatened, as she was not willing to sit in auto rickshaw.", "Accused took her to his friend's house.", "Thereafter, she was taken tohouse of another friend.", "Accused committed sexual intercourse withher.", "The victim has stated in cross-examination that bothwere acquainted with each other.", "This fact is known to all in thearea.", "On 11th January, 2016 she and her parents had proceeded tosee the proposal.", "The boy was aged about 26 years old.", "She hadrefused to accept the said proposal, as the boy was 26 years old.", "She had stated all the facts before the police andMagistrate while recording statement.", "However, all details are notmentioned in her statement.", "PW-7 has stated that he has notinvestigated the places visited by accused and victim.", "The applicant is convicted for the offence punishable under Section 4 of Protection of Children from Sexual Offences, Act Digitally 2012 (\"POCSO\" ACT) and sentenced to suffer rigorous imprisonment signed by RajeP.", "2020.10.15 Sections 363 and 366-A of Indian Penal Code, 1860 (\"IPC\" for short) 14:05:50 +0530 Ganesh Lokhande 2 of 7 IA-214-19 in Apeal-1417-19.docand sentenced to suffer imprisonment for two years, one year andfour years respectively.", "On the next day, the victim and theaccused came to know that complaint was lodged by victim's parents,hence both of them visited Ashok Chowk Police Chowky.", "Section 376of IPC and Section 4 of POCSO Act were added.", "Learned advocate for the applicant submitted that therelationship, if any, between the accused and the victim was ofconsensual nature.", "Victim had voluntarily accompanied accused.", "Applicant is in custody for a period of about four years nine months.", "The statement of the victim recorded under Section 164 of Code ofCriminal Procedure, 1973 (\"Cr.PC\" for short) was overlooked.", "Victimhas given different story in her evidence.", "Accused and the victimwere known to each other.", "They were having love affair.", "Victim'sparents were planning to arrange the victim's marriage against herwish with man, who was much elder to her and she was against thesaid marriage.", "Learned advocate relied upon the order passed by thisCourt in Bail Application No. 1471 of 2019, wherein bail was grantedto the convict, who was sentenced to imprisonment for the offencespunishable under Section 376 of IPC and Section 4 of POCSO Act, onthe ground that there was relationship between the accused and thevictim.", "Victim was not interested in lodging complaint against the Ganesh Lokhande 4 of 7 IA-214-19 in Apeal-1417-19.docaccused.", "Learned advocate further relied upon the order passed bythis Court in Bail Application No. 2632 of 2019, granting bail to theaccused, considering the fact that, victim who was minor, had left thehouse on her own.", "She had surrendered to physical desire of theaccused out of love and affection for him.", "The charges against the applicant areproved.", "Victim was minor.", "Her consent was immaterial.", "Accused hadenticed her and had sexual relationship with her.", "Learnedadvocate Ms. Deepa S. Amati appointed to represent respondentNo.2 opposed application for suspension of sentence.", "She reiteratedthe submissions of learned APP.", "In the morning, accused took the victim to his another friend'shouse.", "Thereafter both of them went to police chowki since accusedreceived phone call that victim's mother has lodged complaint.", "Statement was recorded by police.", "Victim was taken for medicalexamination.", "Thus from theevidence, it appears that the victim and the applicant were closelyacquainted with each other.", "After learning about the complaint filedby the parents of the victim, they had approached the concernedpolice station.", "There are several omissions in the evidence of thevictim.", "PW-6, Medical Officer has stated that she had given heropinion as evidence of sexual intercourse/assault cannot be ruled outand final opinion is kept pending till receipt of FSL.", "The applicant isin custody for substantial period.", "Case for suspending sentence ofimprisonment is made out.", "Hence, I pass the following order:", "i) The sentence of imprisonment awarded by Judgment and Order dated 19th April, 2018 passed by Additional Sessions Judge, Solapur in Sessions Case No. 149 of 2016, is suspended during pendency of the appeal against conviction, preferred by the applicant before this Court.", "The Ganesh Lokhande 7 of 7 IA-214-19 in Apeal-1417-19.doc applicant is directed to be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- (Twenty Five Thousand) with one or more sureties in the like amount;", "ii) The applicant shall report concerned police station once in a month on every first Saturday between 11.00 am.", "to 1.00 pm.", "till further order;", "iii) The High Court Legal Aid Committee shall pay professional fees of learned advocate Ms.", "iv) Interim Application No. 214 of 2019, stands disposed of accordingly." ]	[ "Section 366A in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 376 in The Indian Penal Code" ]
656633	[ "Both the accused arebrothers and are labourers.", "The deceased lived in theneighbourhood.", "PW 1 is his widow, PW 3 is his daughter andPW 17 is his son.", "On September 29, 1977 at about 6-7 p.m. aquarrel took place between the son of PW 1 and the deceasedand the sons of appellant Jagpati over drawing water.", "Somepeople present there intervened and thereafter theappellant, Jagpati and his brother, Ram Krishna, the otherappellant came back armed with balli, a ringed stick anddanda, an ordinary stick and it is alleged that theyassaulted the deceased, Balkrishna.", "He received twoinjuries on the head and some bruises on the other parts ofthe body.", "PW 1, wife, lodged a report at Chashai Outpost.", "The case was registered under Section 307 IPC.", "The injuredwas taken to the hospital.", "1. Delay condoned.", "These two appeals arise out of thejudgment of the Madhya Pradesh High Court.", "The appellantsin both these appeals were convicted by the Sessions Courtunder Section 302 IPC read with Section 34461IPC and their appeals were dismissed by the High Court.", "He died on the next day.", "Aninquest was held and the dead body was sent for postmortem.", "Dr Mishra, PW 16 conducted the postmortem.", "The accused werearrested and after completion of the investigation a challanwas filed.", "The prosecution examined PWs 1, 2, 3, 9 and 17as eyewitnesses.", "Out of them PWs 2 and 9, the independentwitnesses, turned hostile.", "The remaining three witnesses,namely, wife, daughter and son of the deceased deposed thatthere was a quarrel in the evening between the appellantJagpati and the deceased and some people present thereintervened.", "Thereafter, Jagpati went back and returnedalong with his brother armed with balli and danda,respectively.", "Thereafter, they dealt the blows on the head.", "The main submission before the courts below was that theremaining witnesses are all interested and their evidencecould not be relied upon.", "There was noprevious enmity.", "There was a scuffle and a sudden quarrelthat preceded the occurrence.", "No doubt the witnesses saythat 15-20 minutes later the accused Jagpati accompanied byhis brother, Ram, Krishna came to the scene of occurrence.", "Now coming to the occurrence as such, the two weapons areblunt weapons - one is a ringed stick and the other is anordinary stick.", "The first doctor, PW 5 who examined thedeceased found an open injury 3\" skin deep in the centre ofthe head and another swelling of about 3\" in width on theforehead.", "The other injuries are all bruises on the chestand the arm.", "It is the injury on the head that resulted inthe fracture of the skull causing the death.", "He opined thatthe external injuries No. 2 and 3 could have resulted in thefracture.", "One is attributed to Jagpati and another isattributed to Ram Krishna.", "From the facts stated above it isclear that Ram Krishna had absolutely no immediate motiveand even the appellant, Jagpati also because of the trivialquarrel that took place went and beat the deceased.", "Underthese circumstances, we find it difficult to hold that thesetwo accused intended to cause that particular injury whichwas sufficient in the ordinary course of nature to causedeath.", "It can also be seen that each one of the accused isattributed one462blow and the injury that is said to have been caused by RamKrishna is only a swelling.", "The other fact is that thedeceased died on the next day.", "In a case of this nature no doubt clause thirdly can beattracted in a technical manner, but what the courts have tosee is whether there was an intention to cause thatparticular injury which was sufficient in the ordinarycourse of nature to cause death.", "The courts have to takeinto consideration the nature of the injuries caused and theattendant circumstances.", "However, in causing those two injuries, one swelling and oneskin-deep injury the accused must be attributed theknowledge that they were likely to cause death.", "In such anevent, the offence committed by them would be one punishableunder Section 304 Part 11 with Section 34 IPC.", "Accordingly, we set aside the convictions and thesentence of Jagpati (appellant in Crl.", "A. No. 795 of 1980)and of Ram Krishna (appellant in Crl.", "A. No. 49 of 1981)under Section 302 read with Section 34 IPC and the sentenceof imprisonment for life." ]	[ "Section 34 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
656944	[ "The original complainant is the appellant here.", "The fifteen accused were prosecuted by the appellant.", "They were charged with offences punishable under Sections 147, 427 and 435, Indian Penal Code.", "It was alleged that all of them were members of an unlawful assembly and in prosecution of their common object of dispossessing the complainant from the disputed field on April 20, 1966 at village Ashti, they came and caused damage by setting fire to the hut of the complainant with an intention to cause damage to his property.", "One Narayan Deshmukh of village Ashti was the owner of Section No. 391 admeasuring 10.35 acres.", "The complainant purchased 6 acres out of this land by three successive sale-deeds in the year 1959 and took possession of the same.", "It appears the vendor again by two more isar chithis dated February 25, 1964 and July 2, 1964 agreed to sell this land 4.35 acres to the complainant and that actually put him in possession of this land.", "JUDGMENT Bhole, J.", "These two isar chithis were for a sum of Rs. 4,350 out of which it is said Rs. 3,600 were paid to the vendor as earnest money.", "Instead of executing a regular sale-deed, the vendor Narayan Deshmukh decided to sell the field at a higher price to somebody else.", "The result of this sale-deed was a dispute between Narayan Adhe accused No. 1 and the complainant.", "Each began to say that he was in possession of this land 4.35 acres.", "Because there was apprehension of breach of peace, therefore, proceedings under Section 145, Criminal Procedure Code, were held.", "The complainant, therefore, filed a revision application and took a stay of warrant of possession.", "It appears a civil suit was filed in respect of the disputed property and that civil suit is pending.", "The case of the complainant is that on April 20, 1966, between 12 noon and 1 P.M., accused No. 1 along with 14 other persons and also 3 police constables entered into the disputed land.", "The complainant had his hut and also a mandav on the disputed land.", "He had some household utensils in the hut.", "It is alleged that the accused broke open the lock of the wooden door of the fencing around the disputed land and destroyed the fencing.", "Accused No. 1 is also said to have set fire to the hut of the complainant.", "The fire spread all round and destroyed the mandav belonging to him.", "The grievance, therefore, of the complainant is that he had suffered a loss of about Rs. 4,000 on account of the acts of accused No. 1 and the others.", "That is how accused No. 1 and the others came to be prosecuted.", "The defence of the accused is that accused No. 1 Narayan Adhe was in possession of the disputed land because he had purchased the same from Narayan Deshmukh and also took possession of it.", "All the accused except accused No. 14 admit their presence.", "The allegation of all the accused is that Motiram, the son of the complainant, had set fire to the hut in order to bring accused No. 1 in trouble.", "According to them, therefore, the complainant and his son Motiram had falsely implicated them.", "The learned Magistrate had found that the accused had not formed any unlawful assembly at all as alleged by the complainant and that, therefore, all of them had not committed any offence of rioting.", "He, however, concluded that the prosecution had proved that the accused had committed mischief and had caused damage to the complainant's property and that they had set fire to the hut belonging to the complainant with the intent to cause damage.", "The complainant was also found by him in possession of the disputed field on the date of the incident.", "All the accused were acquitted of the offence punishable under Section 147, Indian Penal Code.", "The learned Sessions Judge, who heard the appeal by the accused, however, has come to the conclusion that the complainant was not in possession of the disputed land on the day of the incident.", "He was influenced by the order passed by the Sub-Divisional Magistrate in proceedings under Section 145, Criminal Procedure Code and the finding that accused No. 1 Narayan Adhe was in possession of the disputed land.", "The learned Sessions Judge also held that the conviction of accused Nos. 1 to 15 under Section 427, Indian Penal Code and Section 435, Indian Penal Code was also not proper.", "According to him, although there is some evidence that accused No. 1 Narayan broke the gate and the fencing, he could not be said to have committed an offence of mischief under Section 427, Indian Penal Code, because he was in actual possession of the field.", "The learned Sessions Judge, while finding that there is some evidence on record to show that accused No. 1 Narayan Adhe had set fire to the hut belonging to the complainant, held that he could not be said to have committed any offence under Section 435, Indian Penal Code.", "For this view of his, he relied on Emperor v. Balkrishna Narkar , Arman Shaik v. Naimuddin Shaik [1936] A.I.R. Cal. 157, and Vaiyapuri Goundan v. Kuppuswami Goundan [1948] A.I.R. Mad.", "Accordingly, therefore, he allowed the appeal and set aside the order of conviction under Sections 427 and 435, Indian Penal Code.", "The only point, therefore, that arises here for consideration is to see whether this order passed by the learned Sessions Judge is legal and proper.", "It is common ground that the complainant was not present on the field on April 20, 1966 and he had gone to Arvi.", "His son Motiram and his servant were the only persons present.", "The complainant had gone in revision and obtained a stay of the operation of the Sub-Divisional Magistrate's order.", "It also appears that a civil suit is pending regarding this disputed land.", "In view of these circumstances, I do not propose to go into merits of this case regarding the possession.", "In view of the fact that the issue regarding possession is being litigated in a civil Court, it would not be feasible for this Court in this proceeding to consider this issue of possession prima facie or otherwise.", "I do not, therefore, deal with that point at all.", "The only point, therefore, that remains here for consideration is whether accused No. 1 and the other accused had committed, offences punishable under Sections 427 and 435, Indian Penal Code.", "Whoever, with intent to cause or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, commits \"mischief.", "\" The point that arises here for consideration is to see whether accused No. 1 or the other accused had with intent to cause or knowing that he is likely to cause Wrongful loss or damage to the complainant, caused destruction of any of his property.", "I will, therefore, now proceed to answer the question on this basis.", "We have seen that the learned Sessions Judge found that there is some evidence as regards specific acts committed by accused No. 1 Narayan Adhe.", "The learned Sessions Judge also found as a question of fact that there is some evidence on record, to show that it was accused No. 1 who set fire to the said hut.", "There Was a platform to watch the crops in this disputed, land.", "There is enough evidence to establish that this hut and the platform belonged to the complainant.", "By that notice he admitted the existence of mandava as well as gud piled by the complainant.", "The vendor Narayan Deshmukh demanded, from the complainant that he should remove this mandava as Well as the gud piled by him in his field.", "The complainant proceeded to add to the wall in order partly to support the stair-case which he proposed to put up.", "Each of the parties claims possession, of the land.", "There is, however, clear evidence to show that the platform and, the hut which were on this disputed land belonged.", "The hut and.", "the Watching platform belonged, to the complainant." ]	[ "Section 427 in The Indian Penal Code", "Section 147 in The Indian Penal Code" ]
65701076	[ "IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present : The Hon'ble Justice Indrajit Chatterjee C.R.R. No. 2289 of 2016 Indranil Mukherjee" ]	[ "Section 34 in The Indian Penal Code", "Section 406 in The Indian Penal Code", "Section 498A in The Indian Penal Code" ]
65706920	[ "Heard on admission.", "Shri K.S.Patel, learned panel Lawyer for the respondent/State accepts notice on the behalf of the respondent.", "Let the record of the trial Court be requisitioned.", "Heard on IA.No.9223/2015 under section 389 (1) of the Code of Criminal Procedure filed on behalf of appellant Satish @ Sachha Nager for suspension of sentence and grant of bail.", "A perusal of the impugned Judgment dated 30.04.2015 passed by the Court of I Additional Sessions Judge, Maihar, District Satna in Sessions Trial No.424/2014 reveals that appellant Satish has been convicted under section 363 of the I.P.C. and has been sentenced to undergo two years of rigorous imprisonment and a fine in the sum of Rs.2000/-.", "He has also been directed to undergo a further period of 3 months of rigorous imprisonment in case of default of payment of fine.", "Learned counsel for the appellant submits that the appellant were on bail during the trial and his sentence of imprisonment has been suspended by the learned trial Court under section 389 (3) of the Code of Criminal Procedure; therefore, it has been prayed that the substantive jail sentence of the appellant be suspended.", "Learned Panel Lawyer for the respondent/State on the other hand, has opposed the bail application.", "Keeping in view the short duration of the sentence and the fact that the appellant has already been released on bail by the learned trial Court till 28th of May, 2015, it is a fit case for bail.", "It is directed that on depositing the fine amount, if not already deposited; and furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15.09.2015 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon him shall stand suspended and the appellant shall be released on bail.", "Certified copy as per rules.", "(C V SIRPURKAR)" ]	[ "Section 389 in The Indian Penal Code", "Section 363 in The Indian Penal Code" ]
65708519	[ "a) The deceased by name Subramani aged about 46 years was a resident in Door No. 7/3, Vanniar street, Sadras village.", "He worked as a Aluminium civil contractor in Indira Gandhi Atomic Power Project, Kalpakkam.", "Since his son met with an accident.", "For taking treatment at Madras, his injured son and his wife were temporarily staying at Madras.", "The deceased Subramani alone was staying in the house at Sadras.", "Thereafter, he did not attend his office.", "At about 7-30 A.M. on 13-9-97 somebody came and enquired about the deceased Subramani.", "Since there was no response from the house of the deceased, the caller enquired P.W.1-Sunil, who is the neighbour of the deceased.", "The said Sunil on noticing that the cycle and the motor cycle of the deceased Subramani were parked in the ground floor, on suspicion, he verified the presence of the deceased through the rear side of his house and noticing that the rear door opened, P.W.1 went inside and saw the deceased Subramani lying in the hall.", "His hands and legs were found tied.", "Bureau was opened and dresses and other articles were scattered.", "On noticing the same, P.W.1 went to Sadras Police Station at 9 A.M. on 13-9-97 and gave a complaint to P.W.10-Sub Inspector of Police, Sadhurangapattinam.", "P.W.10 registered his complaint as Crime No. 554/97 under Section 302 I.P.C. He prepared Express first information report-Ex.", "P-17 and submitted copies of the same to the concerned Judicial Magistrate and higher authorities for taking further action.", "b) On receipt of the Express first information report-Ex.", "He prepared a rough sketch-Ex.P-18, and observation mahazar-Ex.P-11 in the presence of witnesses.", "On his request, P.W.7-finger print expert came to the spot and traced out the finger prints found there.", "P.W.11 conducted inquest on the body of the deceased in the presence of panchayatdars.", "Ex. P-19 is the inquest report.", "On receipt of Ex.", "The body was sent for post-mortem.", "P.W.6-Doctor conducted post-mortem on the body of the deceased Subramanian.", "P-13 is the post-mortem report.", "He also enquired the Doctor and obtained a statement.", "He recovered blood-stained cement, bed sheet, towel, underwear, banian etc., under mahazar-Ex.", "P-12 in the presence of witnesses.", "JUDGMENT P. Sathasivam, J.", "Appellants are Accused 1 and 2 in Sessions case No. 46 of 1998 on the file of Principal Sessions Judge, Chengalpattu.", "On 14-9-97, P.W.11 seized full hand shirt, banian, lungi, iron box, nylon wire, and telephone wire.", "On 15-9-97 around 12 noon he arrested A-1 near Sadurangapattinam bazaar.", "Pursuant to ExP-3, he produced M.O.9 from his house, which was recovered by P.W.11 under Ex.", "Then A-1 took P.W.11 to the house of P.W.5 and identified M.Os.1, 6, 7, 8, which were recovered under mahazar Ex.P-6. A-1 also identified A-2, who also was arrested.", "A-2 also made a voluntary confessional statement in the presence of witnesses, the admissible portion of which is Ex.", "On the basis of his admission, M.O.2 was seized under mahazar-Ex.", "Both A-1 and A-2 identified A-3. P.W.11 arrested A-3 at 9-20 P.M. He also made a voluntary confessional statement, the admissible portion is Ex.", "Based on Ex.", "P-9, M.Os.3, 4 and 5 were recovered under Ex.P-10 mahazar in the presence of witnesses.", "All the three accused were remanded to custody.", "Their finger prints were sent to finger print expert for his opinion.", "He also arranged to send all the seized articles to the Court on the same day and sent some of the M.Os.", "for chemical examination through Judicial Magistrate's Court.", "On receipt of chemical analysis report and serological report, and after examination of all the witnesses, and completion of investigation, he filed charge sheet under Sections 457, 341, 302 and 392 I.P.C.", "When the accused were questioned under Section 313 Cr.P.C., with regard to the incriminating circumstances available from the evidence of prosecution witnesses, they denied the offences and they have not examined any witness on their side.", "4. Heard Mr. A. Natarajan, learned counsel for the appellants and Mr. V.M.R. Rajendran, learned Additional Public Prosecutor for respondent.", "He further contended that the trial Court committed an error in convicting the appellants based on the recovery of stolen articles.", "It is not free from suspicion about the manner in which the arrest and recoveries were made and bringing of the mahazar witnesses from Sadras Kalpakkam to Chennai creates doubt over the prosecution theory.", "In other words, according to him, the prosecution failed to establish the guilt of the accused beyond all reasonable doubts and the entire case is based on circumstancial evidence.", "Since the prosecution has established the possession of M.Os.1 to 9 with A-1 to A-3 and also in the house of P.W.5, who is a friend of A-1, in the absence of proper explanation for keeping those properties, the learned trial Judge is right in convicting the accused.", "We have carefully considered the rival submissions, evidence on record and the judgement of the trial Court.", "At the foremost, let us consider the evidentiary value of the statement made by Finger Print Expert-P.W.7 and his report-Ex.", "It is true that as per Sections 4 and 5 of the Identification of Prisoners Act, 1920, any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, if so required by a police officer allowed his measurements to be taken or photograph to be taken on the application of the police officer, an order has to be made by the Magistrate concerned.", "Admittedly, in the case on hand, the Inspector of Police-P.W.11 has not obtained permission from the Court concerned, however, the thumb impression of the accused were taken down by the Inspector of Police-P.W.11 during investigation after the arrest of the accused and when they were in the Police Station.", "This objection was raised before the learned trial Judge.", "Considering the materials/evidence placed on the side of the prosecution, the learned Judge has come to a conclusion that even if he eschewes the evidence of P.W.7 and his report-Ex.P-14, still there are ample evidence to link the accused with the commission of the crime.", "As rightly observed by the learned trial Judge, in view of the abundant materials on the side of the prosecution, we are of the view that whether the provisions of Sections 4 and 5 of the said Act were duly complied with or not? is only academic in nature and we need not venture further on this aspect.", "It is seen that P.W.11-investigation officer arrested the first accused on 15-9-97 at Sadras bus-stand and he gave Ex.", "P-3 confessional statement in the presence of P.W.3-Pachaiyappan and one Rajendran and based on the same, P.W.11 has recovered Philips Tape Recorder with Radio-M.O.1 under mahazar-Ex.P-6; colour T.V.-M.O.6; remote control-M.O.7; and silver key chain-M.O.8 under mahazar-Ex.P-5 from the house of P.W.5-Anandan where they were hidden by the first accused and M.O.9-silver kuthu vilakku under mahazar-Ex.P-4 from the house of first accused in the presence of witnesses-Pachayappan and Rajendran.", "P.W.1 also arrested the second accused identified by the first accused at Royapuram Powerkuppam 2nd floor, first block and recorded his (A-2's) confessional statement, the admissible portion of which is Ex.P-7 in the presence of witnesses-Pacnahappan and Rajendran and based on the same, P.W.1 recovered M.O.2-Timex wrist watch near the house of the second accused.", "He recorded the confessional statement of A-3, the admissible portion of which is Ex.", "P-9, in the presence of witnesses-Pachayappan and Rajendran and on the basis of the same, P.W.11 recovered M.O.3-black colour rexin zip bag; M.O.4-Citizen wrist watch; and M.O.5-Titan watch under mahazar-Ex.P-10 from the house of the third accused where they were hidden.", "It is also relevant to refer the evidence of P.W.5 who is a resident of Sadras.", "He admitted that first accused is his friend.", "He is a poojari in an Amman temple at Pudupattinam Sadras.", "According to P.W.5, A-1 used to visit frequently.", "He further stated that in the morning of 12-9-97 A-1 visited his house and informed him that on 11-9-97 after murdering the contractor Subramani he and two others robbed his house and taken tape recorder, silver key chain, T.V., remote, etc., and sought permission to keep those articles.", "Those articles were recovered on 15-9-97 on identification by A-1 in the presence of Pachayappan and Rajendran under mahazar Ex.P-5. P.W.5 has also admitted that the house of the deceased Subramani situated behind his house and M.Os.6 to 8 were recovered from his house by the police.", "Though in cross-examination P.W.5 has stated that A-1 has not turned up after the death of Subramani, in the light of his earlier statement and recovery of M.Os.6 to 8 on identification of A-1 in the presence of witnesses under proper mahazar, there is no reason to disbelieve his version.", "Likewise, on the arrest of A-2 and A-3 by P.W.11, based on their confessional statement, M.O.2, M.O.3 to M.O.5 were recovered after proper identification by them under proper mahazars in the presence of witnesses.", "This contention is liable to be rejected since the perusal of Ex. P-17 shows that the learned Magistrate acknowledged the first information report at 4.45 P.M. on 13-9-97 itself and not on 15-9-97 as claimed by the learned counsel for the appellants.", "The complaint Ex.P-2 given by S.P. Visalakshi, wife of the deceased was received at 9 A.M. on 15-9-97 and the same was also sent to the Court on the same day.", "He found the back door was open.", "He has gone to the back side house through the back side wall and found Subramanian lying in the hall both his hands and legs tied, bureau was opened and clothes were scattered.", "He also stated that the deceased Subramanian was murdered by tying both of his hands and legs and his father had seen him lastly on 11-9-97 at 9-30 P.M. along with his dog.", "The materials also clearly show that during the course of the said transaction, the accused entered his house, who was alone at the relevant time and restrained him by tying his hands and legs with the telephone wire, iron box wire and nylon ropes and by covering his mouth and nose with the piece of bed sheet and murdered him and committed robbery by stealing the Mateiral Objects.", "The learned trial Judge on consideration of all these aspects rightly found the accused 1 to 3 guilty for the offences under Sections 457, 341, 302 read with 34 I.P.C. and 392 I.P.C. Inasmuch as it is a case of murder for gain, the learned Sessions Judge has not shown any leniency to the accused." ]	[ "Section 302 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 457 in The Indian Penal Code", "Section 392 in The Indian Penal Code" ]
701389	[ "R.V.S. Mani, E.C. Agarwala and P.C. Agarwala,.for theappellant.", "B. Sen, M.N. Shroff for I.N. Shroff for the respondent.", "The Judgment of the Court was delivered by.", "Shelat, J. Prior to December 17, 1947 the appellant wasserving as an Overseer in the Public Works Department of theCentral Provinces and Berar Government.", "On December 17,1947 he was suspended from service and prosecuted undersection .161 of the Penal Code.", "The trial resulted in hisconviction but that was set aside in appeal on the groundthat no proper sanction for prosecution was obtained.", "Hewas again prosecuted on the same charge but the SpecialJudge trying him quashed the chargesheet on the ground thatthe investigation had not been carried out by the properauthorities.", "In revision the High Court of Nagpur held thatthe Special Judge was in error in so holding but recommendedthat the prosecution should not be proceeded with as nearly10 years had gone by since it was launched against theappellant.", "Following the recommendation the prosecution wasdropped but a departmental inquiry was held on the samecharges.", "The Inquiry Officer found the appellant not guiltybut the Government disagreed with that finding and served anotice to show cause why he should not be dismissed.", "By anorder dated December 5, 1960 the Government held that thecharges against the appellant were not proved beyondreasonable doubt.", "It also held that the suspension and thedepartmental inquiry \"were not wholly unjustified\".", "Theorder then directed that the appellant should be reinstatedin service with effect from the date of the order andretired from that, date, he having already attainedsuperannuation age on September 5, 1952 and that the entireperiod of absence from duty should be treated as periodspent on duty under F.R. 54(5) for purposes of pension only,but that he should not be allowed any pay beyond what he hadactually received or what was allowed to him by way ofsubsistence allowance during the period of his suspension.", "On a representation made by him against the said order hav-ing been rejected the appellant filed a petition under Art.226 of the Constitution in the High Court of Madhya Pradeshfor quashing the said order and for an order directing theGovernment to treat the period of absence from duty asperiod spent on duty under cl. 2 of the said FundamentalRule and to revise the pension payable to him under thatclause.", "The High Court dismissed the petition but grantedcertificate to file this appeal and that is how this appealhas come up before us.", "Fundamental Rule 54 on the interpretation of which thisappeal depends is as follows: -", "The competent authority is directed to consider thequestion de novo after giving to the appellant a reasonableopportunity to show cause against the action proposedagainst him.", "The respondent will pay to the appellant costsof this appeal as also the costs of the petition in thepetition in the High Court." ]	[ "Section 161 in The Indian Penal Code" ]
70151264	[ "The substantive part of sentence passed by the Special Judge, Beed in Special (POCSO) Case No. 15 of 2015 dated::: Uploaded on - 22/05/2020 ::: Downloaded on - 23/05/2020 09:14:03 ::: cran2604.19 -4- 4.7.2019 is hereby suspended till the disposal of criminal appeal No. 757 of 2019 and till then the applicant Tulshiram Mahada Nagargoje be released on bail on furnishing P.R. bond of Rs.15,000/- with one surety of the like amount.", "The application is accordingly disposed of.", "::: Uploaded on - 22/05/2020 ::: Downloaded on - 23/05/2020 09:14:03 :::", "( V. K. JADHAV, J.) rlj/::: Uploaded on - 22/05/2020 ::: Downloaded on - 23/05/2020 09:14:03 :::", "::: Uploaded on - 22/05/2020 ::: Downloaded on - 23/05/2020 09:14:03 :::" ]	[ "Section 363 in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
701574	[ "The ill fated truck belonged to M/s. V. M. Salgaonkar, an industrial Company.", "Two labourers who were travelling in the body of the truck were killed and three other labourers were injured, two of them seriously.", "According to prosecution, the petitioner was negligently driving the said truck on the aforesaid day when the truck reached near Post Office at Dabolim, dashed against a telephone pole, situated on the right hand side of the road.", "Thereafter, it went ahead and dashed against a mango tree which broke down and then again hit a coconut tree which fell on the truck.", "The petitioner is a driver.", "When he was driving a truck bearing number GDT 8955 on 11-7-1980 at about 19.10 hours, it involved in an accident.", "Only thereafter that the truck came to halt after travelling for a distance of 128.8 metres.", "The prosecution has charged the accused under Sections 279 and 304-A, I.P.C.", "The learned Addl.", "Sessions Judge, Margao confirmed the conviction and sentence awarded by the learned Magistrate and directed the petitioner to surrender before the Magistrate on 20-8-1996 at 10.30 a.m. to undergo the sentence of imprisonment.", "The learned Magistrate has gone into this question, in detail, relying on the evidence of P.W. 2, P.W. 4 and P.W. 5 and found that the case of the defence was disproved.", "Before the Sessions Judge also the said contention was taken, but it was rightly rejected.", "I did not state to the police the name of the accused as driver of the truck.", "The accident occurred in the evening at 7.10 p.m. near the Post Office at Dabolim, on the Highway." ]	[ "Section 304A in The Indian Penal Code", "Section 279 in The Indian Penal Code" ]
70167059	[ "PER COURT :", "The application is filed by the State for granting leaveto file appeal against the judgment and order of Spl.", "Atrocity CaseNo.", "20/2012, which was pending in the Court of learned AdditionalSessions Judge-3,Osmanabad.", "The Trial Court has acquitted therespondents of the offences punishable under sections 363, 366,376 r/w. 34 of Indian Penal Code and section 3 (ii) (v) ofScheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.", "Heard the learned APP.", "Seen the evidence recorded before the TrialCourt.", "The prosecutrix, victim girl has given her age as 17years on the date of incident and there is record of School Leaving::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 ::: Cri.", "No. 3295/16 2Certificate in respect of date of birth.", "The respondent was known tothe prosecutrix as she used to travel in his vehicle every day.", "Allegations are made that respondent was in love with her, but thatwas one way love and ultimately, on 24.4.2011 he took her awayfrom village by giving threat that he would commit suicide and thenat distant place, he raped her.", "He took her back to the village on26.4.2011 and he left her in the village.", "::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 :::", "This Court has seen the record of medical examination.", "The prosecutrix stuck to her version given in the F.I.R. The medicalrecord is in corroboration with the version given by the prosecutrix.", "There is nothing on the record to show as to why the prosecutrixwould falsely implicate the respondent.", "The Trial Court has notconsidered the aforesaid circumstances.", "In the result, the application isallowed.", "This Court has already granted leave to the State to fileappeal and the reasons for the same are given.", "For the samereasons, the appeal is admitted.", "::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 :::", "::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 :::", "No. 3295/16 3", "[SMT.", "VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.]ssc/::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 :::", "::: Uploaded on - 29/08/2018 ::: Downloaded on - 30/08/2018 22:24:32 :::" ]	[ "Section 3 in The Indian Penal Code" ]
1967199	[ "They are submissions directed more towards vilification than substantiation of the pivotal points of the case.", "I was constrained to ask the applicant not to make savage additions to the evidence and show restraint in his colloquy.\"", "It appears that the alleged contemner had filed another complaint on 12.9.1994 under Sections 500 and 504 IPC against seven advocates namely (1) Shri Prakash Narayan Awasthi (2) Shri R.P. Misra (3) Shri Vishambhar Singh (4) Shri T.N. Misra (5) Sri Srikant Verma (6) Shri Pankaj Sinha and (7) Shri N.C. Pradhan, in which it was alleged that those advocates had made defamatory imputations regarding the relationship between him and Ms. Saroj Bala, Addl.", "District Judge.", "\"In all these petitions, we find that attack in indecent, wild, intemperate and even abusive language on the named Judges has been made at various places in each one of the petitions.", "The petitioner, who is an advocate, has permitted himself the liberty of using such expressions, which prima facie tend to scandalize the court in relation to judicial matters and thus have the tendency to interfere with the administration of justice.", "ORDER Dr. A.S. Anand, J.", "The alleged condemner-Ajay Kumar Pandey, a practising advocate, filed a criminal complaint against an Advocate Mr. Mahesh Giri and an Additional District Judge, Ms. Saroj Bala, then posted as VII Additional District Judge, Lucknow, under Sections 499 and 500 IPC, after first serving them with a notice demanding compensation for defaming him.", "The allegations made in that complaint are not relevant for our purpose.", "While dismissing the revision petition, the learned single Judge inter alia observed:-", "\"It is well settled that if the veiled object of a lame prosecution is to disgrace, humiliate of cause harassment to the accused, the High Court must put an end to the mischief by quashing such criminal proceedings.", "The facts on the record of the instant case give a horrendous account of a framed-up case against a responsible member of the lower judiciary holding the post of an Additional Sessions Judge at Lucnow.............................. It appears that the aim of the applicant is to malign the learned judge (Smt. Saroj Bala) and hold her at ranson.", "The applicant emphatically and repeatedly read out the lewd passages from his deposition while arguing the revision, but the palpably scurrilous, indecent and abominable recitals are not worth reproduction in the judgment.", "In that complaint an application giving a list of 31 advocates for being summoned as witnesses was filed.", "That application was rejected by the Trial Court.", "He, therefore, filed Special Leave Petition (Crl.) No. 4114 of 1995 against the order.", "Ajay Kumar Pandey, the alleged contemner has also filed following Contempt Petitions (Crl.) in this Court:", "Contempt Petition (Crl.) Dy.", "No. 16199/95 filed on 28th October, 1995: Against Mr. Justice Virendra Saran, Judge, High Court of Allahabad Lucknow Bench:", "Contempt Petition (Crl.) Dy.", "The respondents in the petition are:", "I. Ms. Saroj Bala, IV Addl.", "District Judge, Lucknow.", "Shri Udai L Raj, V A.C.J., Lucknow.", "Shri R.P. Misra, VI Addl.", "Contempt Petition (Crl.) Dy.", "No. 17922/95, filed on 9th November, 1995 against the following respondents:", "I. Shri J.C. Mishra, Distt.", "Judge, Lucknow.", "Shri K.N. Ojha, II A.D.J., Lucknow.", "Shri Shailendra Saxena, III A.D.J., Lucknow.", "Shri B.N. Pandey, Special Judge, Lucknow.", "The petitioner raised the law point regarding the summoning of witnesses in enquiry u/s 202 Cr.P.C. in Criminal Revision No. 289/94 but the Allahabad High Court never decided the revision on its merits and Mr. Virendra Saran, the Hon'ble Judge, who heard the arguments fraudulently, forcedly and maliciously dismissed the revision.", "(underlined by us) In the memo of the petitions, similar expressions in more intemperate language casting aspersions on the conduct of various judicial Officers and attributing motives to them in the discharge of their judicial functions have been used.", "He shall also remove the other defects, as pointed out in the office report when he files the fresh petitions.", "If the fresh petitions are filed, the same shall be listed after eight weeks.", "Otherwise, these petitions shall be put up for drawing up contempt proceedings against the petitioner, after eight weeks.", "It was hoped that he would realise the seriousness of the situation and removal all the objectionable expressions from the memorandum of petitions but instead of deleting those objectionable expressions, on the same day, he filed Crl.", "M.P. No. 132 of 1996 in which inter alia he stated :-", "That today, the matter was listed in court No. 9 alongwith all petitions at Sl.", "No. 28 and 42 and when the petitioner tried to start his argument the court openly harassed him and compelled him to withdraw the petition or remove all the facts but the petitioner refused to do so in view of the fact that he has only written the facts according to Section 167, 219, 480 and 463 alongwith 120-B of the IPC and section 44 and 165 of the Evidence Act alongwith Section 2 and Section 16 and 12 and 15 of the Contempt of Court Act and the Indian Constitution.", "That the Court is not allowed the petitioner to submit his argument and passed an order to remove the all facts from the petition and file the fresh petitions and also ordered for listing the matter after 8 weeks.", "Thereafter, the petitioner mentioned and also tried to give in writing that he is not in a position to remove anything and file fresh petitions in view of the fact that he wrote only truth and the court is bound to hear the petitions and decide the same according to the Constitution and Contempt of Court Acts and other laws as challenged by the petitioner but the court without saying anything retired to its chamber.", "He was directed to file his reply within 8 weeks.", "That is how the contempt proceeding (Contempt Petition Crl.", "No. 2/96) came to registered against the alleged contemner in this Court.", "The Special Leave Petition (Crl.) No. 4114 of 1995 and the two other Special Leave Petitions alongwith some misc.", "On 27.9.1996 while dealing with the applications filed by the contemner, the following order was made :-", "We have examined the application and find that the prayer for recall of the order is misconceived for made than one reasons.", "The order dated 9th August, 1996 is an order in continuation of the order dated 20th February, 1996, the prayer to recall which has already been rejected.", "By the order dated 9th August, 1996 the review petitions filed by the respondent were also dismissed.", "The alleged contemner as already noticed had not appeared in the Court on 27th September, 1996 but it appears that he was present in the Court premises as soon after the above order was made, he filed an application on that very day explaining the reasons for his absence and praying for recall of the bailable warrants.", "The application was supported by an affidavit.", "Since on the next date he appeared in the Court, the bailable warrants were recalled.", "According to the Office Report dated 22.1.1997, that application was rejected by the learned Chief Justice of India.", "The Bench was, therefore, left with no other option except to secure his presence by issuance of non-bailable warrants and accordingly non-bailable warrants returnable on 27.2.1997 were directed to be issued.", "When the case came up for consideration on 3rd March 1997, the respondent was produced in custody in Court.", "The order dated 3rd March, 1997 inter alia records:", "\"Mr. Pandey was asked if he was making any prayer for release on bail and he submitted that he cannot provide any surety at Delhi.", "We, therefore, consider it appropriate, in the interest of justice to direct that respondent, Shri Ajay Kumar Pandey shall be released on bail on his furnishing personal bail bond in the sum of Rs. 5,000/- to the satisfaction of the Chief Judicial Magistrate, Lucknow, where he may be produced for the said purpose.", "The learned Chief Judicial Magistrate, Lucknow shall release him on bail on his personal bond of Rs. 5,000/ - after obtaining an undertaking from him for his appearance in this court on the next date of hearing which is Fixed as 25.4.1997, on which date final arguments in this contempt case shall be heard in this case.", "He was apprised that his prayer for transfer of the case to some other bench has been rejected by the learned Chief Justice.", "The case, was thereafter, adjourned from time to time and on 22nd August, 1997, following order was made when the alleged contemner once again remained absent despite service:", "The learned Judge asked him to appear in the prescribed formal attire for being heard in his professional capacity.", "The offending portion of the application inter alia read:", "Since, the contemner absented himself after furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Lucknow pursuant to our order dated 3rd March, 1997, his bail bonds are cancelled.", "The contemner shall be taken into custody to undergo the sentence.", "C.P. (Crl.) No. D16199/95 Ajay Kumar Pandey vs Virendra Saran C.P. (Crl.) No. D17021 of 1995 Ajay Kumar Pandey vs Saroj Bala C.P. (Crl) No. D17022 of 95 Ajay Kumar Pandey vs. J.C. Misra", "C.P. (Crl) No. D17022 of 95", "We have perused each one of these contempt petitions." ]	[ "Section 500 in The Indian Penal Code", "Section 504 in The Indian Penal Code" ]
196723920	[ "Laxmibai (deceased) was married to the Appellant.", "Father of Laxmibai was Karbhari (deceased No.2).", "At the time of the incident, the Appellant was residing along with his wife deceased Laxmbai and son at Bhilati village Dahiwad.", "At the time of Makar Sankrant of the year 2004, the accused had been to village Barshi i.e. the village of his father-", "in-law, for settling the date of hair cutting ceremony of his son.", "The accused called his father-in-law for fixing the date of the said programme.", "That night the accused halted in the house of his father-in-law.", "On the next day, the accused and his father-in-law went to Dahiwad together.", "On 14 th February, 2004 at about 5.30 to 6.00 a.m., P.W.No.1 Madhukar Shinde who is the police patil of village Dahiwad was told by the Appellant that he had killed his wife and his father-in-law.", "P.W.No.1 Shinde, then lodged his First Information Report (FIR).", "Thereafter, investigation commenced.", "The dead body of Laxmibai and Karbhari was sent for post-mortem.", "P.W.No.6 Dr. Inder Mohan Singh conducted the post-mortem on the dead body of Laxmibai and Karbhari.", "On examination of Laxmibai, the Doctor noticed bleeding through ear of right side further he ::: Downloaded on - 09/06/2013 19:26:29 ::: 3/11 apeal753-05 noticed dislocation of tempro mandibular joint of left side.", "On internal examination, he found haematoma under scalp under right temporal region.", "There was a fracture of both temporo, mandibular joint.", "In brain large subdural harmatoma covering both frontal and partial region was seen.", "According to the doctor the injuries were ante-mortem.", "In his opinion, the death of Laxmibai was caused due to hemorrhagic shock due to subdural hematoma.", "i) C.L.W. on left perietal region of size 4 x 2 x 2 cm.", "ii) Contusion over occipital region of size 7 x 4 cm.", "The injuries were ante-mortem.", "On internal examination, he found large haematoma under scalp left parieto temporal region extending over right side.", "Linear fracture of left parietal region extending over right side was noticed.", "ORAL JUDGMENT : [PER SMT.", "By the said Judgment and order, the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code (IPC) and sentenced him to R.I. for life and to pay fine of Rs.200/- in default R.I. for one month.", "::: Downloaded on - 09/06/2013 19:26:29 :::", "Thereafter, the very same Doctor conducted the post-motem on the dead body of Karbhari.", "He found two external injuries on the person of Karbhari i.e. :", "::: Downloaded on - 09/06/2013 19:26:29 :::", "In his opinion, death was caused due to hemorrhagic shock due to skull fracture.", "After completion of investigation, charge-sheet came to be filed.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "Accused under Section 302 of the Indian Penal Code (IPC), for causing the death of his wife Laxmibai and for causing the death of his father-in-law Karbhari.", "The accused pleaded not guilty to the said charge and claimed to be tried.", "His defence is of total denial and false implication.", "His further defence is that on the day of the incident in the night he had gone to attend the call of nature.", "When he returned back, he saw his wife Laxmibai and his father-in-law Karbhari having sexual intercourse.", "Hence, he picked up a stone and hit both of them on the head and killed them.", "After going through the evidence adduced by the prosecution and the defence raised by the Appellant, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No.1 above, hence this Appeal.", "4 We have heard Advocate Ms. Rohini Dandekar, the learned advocate for the Appellant and Mr. D.P. Adsule, learned A.P.P. for the Respondent - State.", "We have carefully perused the evidence on record.", "After carefully considering the matter, we are of the opinion for the below mentioned reasons, that there is no merit in the Appeal.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "circumstance is that of motive.", "P. W. No.3 Sahebrao Sonawane has stated that he knew the Appellant.", "He and the Appellant did labour work together.", "He stated that when he went to the house of father of Laxmibai, the father of Laxmibai informed him that the Appellant used to ill-treat and beat his daughter and also suspect the character of Laxmibai.", "So also P.W. No.4 Shantaram Wagh, who was the paternal uncle of deceased Laxmibai has also stated that the accused used to suspect her character.", "6 The next circumstance against the Appellant is that immediately after the incident, P.W. No.1 Madhukar Shinde, who is the complainant in the present case has seen the Appellant with blood stains on his clothes.", "It is also pertinent to note that the arrest panchanama Exhibit-23 shows that at the time of arrest of the Appellant, his clothes i.e. full pant had blood on both the legs.", "So also the baniyan had blood stains.", "The Appellant has been arrested immediately after the incident and the arrest panchanma was drawn immediately thereafter.", "It is pertinent to note that this panchanma has been admitted and is exhibited under Section 294 ::: Downloaded on - 09/06/2013 19:26:30 ::: 6/11 apeal753-05 of the Code of Criminal Procedure.", "Thus, the factual circumstance which emerges is that immediately after the incident, the Appellant was found to have extensive blood stains on his clothes.", "This is a highly incriminating circumstance.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "The ::: Downloaded on - 09/06/2013 19:26:30 ::: 7/11 apeal753-05 powers given to him under the Village Police Act are limited in their nature and scope and are not wide, specific, consequential as the powers of a Police Officer under the provisions of Criminal Procedure Code.", "The Police Patil is to act unlike a Police Officer under the orders of the District Magistrate and has to report the matters to him and even where he makes some inquiry or investigation, he is expected to submit report to the Station Officer and has not been empowered to take any further action, like preparation of a charge-sheet or its presentation before the Court of competent jurisdiction.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "He is vested with no powers in regard to the powers vested in an investigating officer under the provisions of Section 173 of the Criminal Procedure Code.", "The Act does not contain any deeming provisions which by fiction of law would term a Police Patil as a Police Officer.", "It could be possible that an Act may specifically stipulate that a Police Patil for all intent or purpose shall be deemed to be a Police Officer under the provisions of the Village Police Act and/or the Criminal Procedure Code.", "In absence of such a deeming fiction of law, it is difficult to confer the status of a Police Officer in law upon a Police Patil or accept the contention that the Police Patil is clothed with the powers and functions of a police officer.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "at the time of incident, the accused, his wife Laxmibai and his father-in-law Karbhari were the only persons present in the house.", "In such case it is for the Appellant to explain in what circumstances they sustained injuries and died.", "P.W. No.6 Dr. Inder Mohan Singh conducted the post-mortem.", "From the evidence of Doctor, it is clear that both of them died a homicidal death.", "The Appellant has not given any plausible explanation for the death of Laxmibai and Karbhari.", "Form the cross-examination of witnesses, we find that the defence is sought to be put forth that the Appellant saw his wife and his father-in-law i.e. the father and daughter having sexual intercourse.", "Therefore, he assaulted both of them on the head with a stone and killed them.", "It is pertinent to note that in his statement under Section 313 of the Code of Criminal Procedure, no such defence has been taken by the Appellant.", "Moreover, on going through the CA report Exhibit 54, it is found that the vaginal swab of Laxmibai did not contain any semen.", "The C.A. report Exhibit-83 shows that the pubic hair of deceased Karbhari i.e. the father of Laxmibai did not have any semen on it.", "Thus, this also belies the defence tried to be taken by the Appellant.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "wife and his father-in-law, having sexual intercourse and hence he assaulted both of them on their head with stone.", "This defence presupposes that when the accused saw both his wife Laxmibai and his father-in-law Karbhari they were awake and were indulging in sexual intercourse, this shows that they were very much awake and in such case it will be difficult for the accused to accurately assault both his wife and his father-in-law on the head and kill them.", "It is pertinent to note that no other injuries were found on the person of deceased Laxmibai or deceased Karnbhai except those on the head.", "If both Laxmibai and Karbhari were awake, and the Appellant assaulted, one of them first by which time the other person would evade assault or scuffle with the accused to prevent him from further assaulting.", "The defence presupposes that the Appellant saw them having sexual intercourse, then he went and got a stone and assaulted both of them on the head with stone.", "This defence does not at all appear to be probable in the facts and circumstances of this case.", "It would be important to note that the Appellant has not received any injuries, which he would have if he assaulted one person first, then the other person would have engaged into a scuffle with him either to stop him from assaulting the other person ::: Downloaded on - 09/06/2013 19:26:30 ::: 11/11 apeal753-05 or assaulting the person himself or herself.", "Absence of injuries on the person of the Appellant as well as on any other part of the body of Laxmibai or Karbhari, except head in fact shows that the accused assaulted both of them when they were sleeping and were not in a position to put up any resistance.", "::: Downloaded on - 09/06/2013 19:26:30 :::", "11 Looking to the evidence on record, we find that there is sufficient evidence to connect the Appellant with the murder of his wife Laxmibai as well as the murder of his father-in-law Karbhari.", "12 The office to communicate this order to the Appellant who is in jail.", "::: Downloaded on - 09/06/2013 19:26:30 :::" ]	[ "Section 302 in The Indian Penal Code", "Section 294 in The Indian Penal Code" ]
1967374	[ "Upon receipt of result of revaluation from the revaluers Roll Number of the candidates on the answer sheet used to be unmasked and the code number printed on the answer sheet used to be entered against the roll number of the candidate concerned in Revaluation Tabulation Register (RTR).", "After this R1/R2 sheets used to be handed over to scrutineers who would then enter the marks assigned by two revaluers, draw average, note whether there was any change or adverse change and what was the percentage of change.", "If there was a change or adverse change in excess of 5% the scrutineers would make note and eventually such change used to be noted in the Final Tabulation Register (FTR) as well, on the basis of which mark sheets were prepared.", "He used to in turn influence the scrutineers to change marks in the RTR and FTR.", "P.W. 4 S.K. Moinuddin Sheikh is a clerk of City Branch of University College of Law where appellant Mehendra Gote was taking education.", "P.W. 5 PSI Anil Lokhande is the Invetigating Officer.", "The facts which led to prosecution and conviction of the appellants are as under :", "Appellant Mahendra Gote in Criminal Appeal No.88 of 2008, original accused No.1 before the trial Court, was a student of LL.B. Final Year degree course.", "He seems to have failed in all the seven subjects and had applied for revaluation in those subjects.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "Procedure for conduct of examinations is prescribed in Ordinance No.9 issued by the Nagpur University.", "It provides, among other things, from Clause 57 onwards, for appointment of tabulators, scrutineers, etc., and their respective roles.", "The practice, which was followed by the University officials for such revaluation has been deposed to by PW 1 Narayan Ghatole, an employee of the University in the Revaluation Section.", "According to him, after a candidate applied for revaluation after paying the prescribed fee, an entry used to be taken in the Revaluation Tabulation Register (hereinafter referred to as \"the RTR\" for the sake or brevity).", "The RTR contains the following columns :", "::: Downloaded on - 09/06/2013 14:19:25 :::", "The Clerks in the Revaluation Section used to fill up column nos.(I) to (IV) and (VI) to (VIII) on the basis of the material which they already had.", "Requisition for relevant answer books used to be sent to the godown.", "After the answer books were received, the portion of the answer book containing roll number of the candidate and marks obtained by him in the original valuation used to be masked.", "A code number used to be printed on the answer book by using a numbering machine.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "The answer books of students used to be sent to the revaluers who used to record marks, not on the answer sheet itself, but on a revaluation sheet (for the sake of brevity, referred to hereinafter as \"R1/R2\" for the two revaluers).", "The marks scored by appellant Mahendra Gote initially and upon revaluation in various papers are as under :", "::: Downloaded on - 09/06/2013 14:19:25 :::", "4939 Trust 49", "Revaluer-I, Advocate Santosh Akolkar had allotted 31 marks which were changed to 51 while entering them in RTR.", "Revaluer-2 Advocate Usha Tanna had allotted 48 marks, which were correctly entered in RTR.", "The student was thus, shown to have passed.", "This change was allegedly done as a part of conspiracy.", "It was the prosecution case that original accused No.5 Dinkar Ingle used to keep in touch with the students on behalf of appellant Yadav Kohchade, original accused No.4, who was Assistant Registrar of Revaluation Section.", "Appellant Madhukar ::: Downloaded on - 09/06/2013 14:19:25 ::: 8 Smarth, original accused No.3, and original accused No.2 Suresh Manmode, who had expired even before charges could be framed, were the two scrutineers who are alleged to have made wrong entries of marks in order to favour appellant Mahendra Gote.", "On the basis of this change in marks appellant Mahendra Gote obtained marksheet of having passed the examination and a degree, enrolled himself as an Advocate and is reportedly practicing in District and Sessions Court at Nagpur.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "Fraud came to light and an offence was registered initially on the report by one Prakash Mistry.", "In course of investigation, police officers seized necessary documents, caused them to be sent for expert examination, recorded statements of witnesses and sent up a chargesheet, which was eventually split up and supplementary charge sheets were filed for each instance of fraudulent enhancement of marks.", "This is how three appellants, along with deceased accused No.2 Suresh Manmode and acquitted accused No.5 Dinkar Ingle, came to be chargesheeted.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "9. Learned 2nd Additional Chief Judicial Magistrate charged the appellants and accused Dinkar Vyankat Ingle for the offence punishable under Section 420, 468, 471, 120-B read with Sections 109 and 34 of the Penal Code.", "Since all the accused pleaded not guilty to the said charges, they were put on trial at which the prosecution examined in all five witnesses.", "P.W. 1 Narayan Ghatole is a clerk in Revaluation Section of Nagpur University who was familiar with the procedure as also the facts of the case.", "P.W. 2 Advocate Shri Santosh Akolkar and P.W. 3 Advocate Usha Tanna are the revaluers, who examined paper of the Code of Civil Procedure.", "After considering the evidence tendered in light of defence raised by the appellant, the learned 2nd Additional Chief Judicial Magistrate held the appellants guilty of various offences and sentenced them as under :", "a) Appellant Mehendra Gote was convicted for offence punishable under Section 420 read with Section 34 of the Penal Code and appellant Madhukar Smarth and Yadav ::: Downloaded on - 09/06/2013 14:19:25 ::: 10 Kohchade were convicted for the offence punishable under Section 420 read with Sections 109/34 of the Penal Code and they were sentenced to suffer rigorous imprisonment for four years and fine of Rs.", "Twenty Thousand or in default rigorous imprisonment for two months.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "b) appellant Mahendra Gote, Madhukar Smarth and Yadav Kohchade were convicted for the offence punishable under Section 468 read with Section 109/34 of the Penal Code and were sentenced to suffer rigorous imprisonment for three years and fine of Rs.", "Fifteen Thousand or in default rigorous imprisonment for one month.", "c) appellant Mahendra Gote, Madhukar Smarth and Yadav Kohchade were convicted for the offence punishable under Section 471 read with Section 109/34 of the Penal Code and were sentenced to suffer rigorous imprisonment for one year and fine of Rs.", "Five Thousand or in default rigorous imprisonment for one month.", "d) all the three appellants were convicted for the offence punishable under Section 120-B of the Penal Code and were ::: Downloaded on - 09/06/2013 14:19:25 ::: 11 sentenced to suffer rigorous imprisonment for six months and fine of Rs.", "Two Thousand or in default rigorous imprisonment for fifteen days.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "e) appellant Madhukar Smarth and Yadav Kohchade were convicted for the offence punishable under Section 409 read with Section 34 of the Penal Code and were sentenced to suffer rigorous imprisonment for four years and fine of Rs.", "Twenty Thousand or in default rigorous imprisonment for two months.", "The learned Magistrate directed that the sentences shall run consecutively.", "He also directed that mark sheets of LL.B. Final Year as well as degree certificate of appellant Mahendra Gote be confiscated and intimation of the judgment be given to Bar Council of Maharashtra.", "He had acquitted accused Dinkar Vyankat Ingle of all the offences for which he was charged.", "As already pointed out, original accused No.2 Suresh Manmode had expired before the charge could be framed.", "Aggrieved by their conviction and sentence the appellants have preferred this appeal.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "I have heard Advocate Shri Amol S. Mardikar for appellant Yadav Kohchade in Criminal Appeal No.87 of 2008, Advocate Shri R.M.Patwardhan for appellant Mahendra Gote, appellant in Criminal Appeal No.88 of 2008, Advocate Mrs. Sangeeta Gaikee-Jachak for appellant Madhukar Smarth, appellant in Criminal Appeal No.90/2008 and learned Additional Public Prosecutor Shri P.D.Kothari for the State.", "With the help of the learned counsel for the parties, I have gone through the entire record.", "The learned trial Judge has acquitted said Dinkar.", "Therefore, according to the learned counsel, since crucial link in the conspiracy has been snapped the theory of conspiracy must itself fail and the appellants would be entitled to acquittal.", "The learned Additional Public Prosecutor contested this submission by relying on the judgment of the Supreme Court in Anicete ::: Downloaded on - 09/06/2013 14:19:25 ::: 13 Lobo Vs.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "While considering the involvement of accused in offences punishable under Sections 467, 468, 420 and 120-B of the Penal Code, arising out of encashment of a forged bank draft, the Court held that acquittal of one of the accused would be of no consequence on the complicity of the other accused persons, all of whom were allegedly involved in the conspiracy.", "In view of this, acquittal of accused Dinkar Ingle need not vex the Court.", "The learned counsel for the appellant next submitted that appellant Mahendra had applied for revaluation in seven subjects, out of which he had cleared five papers, including the paper of the Code of Civil Procedure, in which mischief is alleged to have been committed.", "He submitted that if the appellant Mahendra can clear four out of seven papers without there being any mischief, there is no reason to infer that there was mischief in the remaining fifth paper.", "The learned Additional Public Prosecutor submitted that this contention is fallacious.", "He pointed out that appellant's alteration of marks in one paper of the Code of Civil Procedure has been firmly established.", "But ::: Downloaded on - 09/06/2013 14:19:25 ::: 14 this does not mean that as far as other papers are concerned, there is no room for doubt of mischief being played.", "The learned A.P.P.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "submitted that the papers which were being examined were of final year law examination.", "He pointed out that in the subject of Interpretation of Statutes, appellant Mahendra Gote had initially secured 31 marks.", "Revaluer-1 had given him 27 marks.", "Revaluer-2 had given 74 marks, though about the digit 7 in the figure of 74 there can be some doubt.", "He submitted that this drastic variation in the assessment of the same paper of a subject of law by two revaluers is itself distressing.", "In the paper of Drafting, the appellant had secured 35 marks initially.", "Revaluer-1 gave him 31 marks, whereas Revaluer-2 has given him 69 marks.", "This drastic disparity speaks volume about the rot that had set in the examination system.", "Sir James Fitzjames Stephen the author of Evidence Act, would wonder as to how his Evidence Act has become so uncertain that one examiner assessed the performance of appellant Mahendra by giving him 22 marks.", "First Re-valuer gave him 27 marks and second re-valuer gave him 73 marks.", "It appears that the marks given by first valuer in all ::: Downloaded on - 09/06/2013 14:19:25 ::: 15 these cases conformed to initial valuation of Mahendra's paper.", "The marks allegedly given by second revaluers are possibly unjustifiably inflated.", "Therefore, not much need be made about appellant's clearing five subjects out of seven in which revaluation was sought.", "for the legal fraternity, it is definitely not a matter of pride, if not decidedly a matter of being ashamed.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "It is the contention of the learned counsel for the appellant Mahendra that he had received the marksheet by post and therefore, had no idea as to how his marks came to be increased.", "This argument had been advanced time and again by the counsel for students like Mahendra Gote whose appeals were heard together.", "A scrutineer is unlikely to take a fancy for the name of a student and increase his marks unwarrentedly unless the scrutineer had been induced to do so.", "In this case, the evidence of P.W. 2 Advocate Santosh Akolkar and P.W.", "3 Usha Tanna clearly shows that the marks allotted by Advocate Akolkar which were 41 had been changed to 51 in order to favour the candidate.", "No other inference is possible than that this increase was at the behest of the appellant who was beneficiary.", "It was also argued on ::: Downloaded on - 09/06/2013 14:19:25 ::: 16 behalf of appellant Mahendra Gote that he was a student of City Branch of Law College, which was far away from the Main Branch of the Law College, where accused No.5 Dinkar Ingle, link in the conspiracy, was serving.", "It was suggested that, therefore, there would have been no occasion for Mahendra Gote to contact said Dinkar Ingle.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "It may be useful to recall again, that the drastic disparity in the marks assigned to the appellant in subject Interpretation of Statutes, Drafting and Evidence Act, also create a suspicion, though it cannot form the foundation for a criminal charge.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "However, it would not be open to shut one's eyes to the human probabilities while considering as to how an incident could have occurred.", "In view of this, the increase in marks of appellant Mahendra Gote in the paper of the Code of Civil Procedure to favour him cannot be imagined to have been a windfall from heaven and must be held to be handy work of unscrupulous scrutineers at the instance of Mahendra Gote.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "The learned counsel submitted that this is one such case and therefore, it will be improper to victimise appellant Mahendra Gote on account of such randomly picked up instance of overwriting.", "As already observed, since it is not shown that though randomly picked up, the change in marks of appellant Mahendra Gote was an innocent mistake, this argument would have to be rejected.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "This takes me to the question of complicity of the other appellants.", "The learned Additional Public Prosecutor submitted that since Narayan Ghatole was familiar with the handwriting of appellant Madhukar Smarth, the learned trial Magistrate has rightly believed his evidence and held that the offending entry was in the handwriting of Madhukar Smarth, apart from comparison under Section 73 of the Evidence Act.", "In this case, handwriting expert has not been examined.", "The offending handwriting was in fact not at all sent to the handwriting expert.", "Special Public Prosecutor sought to file vide pursis ::: Downloaded on - 09/06/2013 14:19:25 ::: 20 Exh.72 certified copy of an application Exh.61 in Regular Criminal Case No.372/2002, whereby the Special Public Prosecutor had given notice to admit documents in that case.", "By this notice specimen and sample handwriting of appellant Madhukar, natural handwriting of Madhukar Smarth, questioned handwriting from RTR, request letter to the handwriting expert and handwriting expert Shri Biradar's opinion pertaining to appellant Madhukar Smarth's handwriting were tendered to the defence counsel in that case.", "Yet he allowed ::: Downloaded on - 09/06/2013 14:19:25 ::: 21 filing of the documents and referred to the power of the Court under Section 73 of the Evidence Act to compare the handwriting.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "::: Downloaded on - 09/06/2013 14:19:25 :::", "This seems to be the fourth case in which questioned handwriting of appellant Madhukar Smarth was not sent to the handwriting expert.", "While there can be nodoubt that the Court would have power to compare the handwriting under Section 73 of the Evidence Act and come to appropriate conclusion, it has also to be borne in mind that when it was possible to take help of expert, and when help of such expert was taken in respect of handwriting of the same appellant in other cases, failure to send the questioned handwriting in this case would lead to drawing of an adverse inference.", "It has also to be noted that P.W. 1 Narayan Ghatole had not stated that the entire entry in respect of the Code of Civil Procedure paper of appellant Mahendra was in the handwriting of appellant Madhukar Smarth.", "In this context, it would be improper to rely on the word of the witness who had not actually seen the appellant entering the offending marks, but is so concluding merely on the basis of his familiarity with the handwriting.", "Therefore, corroboration from an independent expert would have helped in bridging the gap from 'may be' to 'must be'.", "In this case, appellant Madhukar had specifically denied having made, offending entry in his statement under Section 313 of the Code of Criminal Procedure.", "In view of this, it cannot be held conclusively that the entry in question was made by appellant Madhukar Smarth.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "This takes me to the question of complicity of appellant Yadav Kohchade.", "P.W. 5 Investigating Officer PSI Anil Lokhande, the Investigating Officer, stated in very first paragraph of the cross-", "examination on behalf of appellant Yadav Kohchade i.e. paragraph 23 of his deposition, that there was no incriminating document concerning appellant Yadav.", "Since Yadav was Assistant Registrar (Revaluation) his name was mentioned in the chargesheet, and except the substance in chargesheet, statement of no other witness has been recorded to show ::: Downloaded on - 09/06/2013 14:19:25 ::: 23 concern of appellant Yadav Kohchade with this case.", "Now, if this certificate of innocence is given by the Investigating Officer himself, no further scrutiny is warranted.", "Otherwise too, the evidence of P.W. 1 Narayan Ghatole, who was an employee in the Revaluation Section, Revaluers P.W. 2 Advocate Santosh Akolkar, P.W. 3 Advocate Ms.", "Tanna, as also evidence of P.W. 4 Sheikh Moinuddin an employee of University College of Law, Dighori Branch, does not help in connecting appellant Yadav Kohchade to the change of marks of Mahendra Gote in the paper of the Code of Civil Procedure.", "It is not clear as to what causation led the learned Magistrate to conclude otherwise.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "The prosecution makes it appear that they treat everyone even handedly and send every suspect for trial to let the Court decide as to who is the offender.", "But in spite of this, the Prosecutor too mindlessly \"pelted\" evidence relating to examination of handwriting at the Court without as much bothering to find out its relevance.", "In this case, the learned counsel for accused had endorsed on the pursis by the learned Special Public Prosecutor to tender such evidence that it was irrelevant.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "Yet the learned Special Public Prosecutor did not feel the need to ensure that the disputed writing was actually examined and evidence of the expert was tendered thereafter.", "And strangely, the learned Trial Magistrate readily bit the bait by relying on such irrelevant evidence.", "Thus were the blind led by blind.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "In some cases, two Handwriting Experts were examined without ascertaining whose evidence was vital for establishing guilt, and in some cases, none was examined.", "In some cases, the acting Vice Chancellor was examined to prove a sanction to prosecute, while in some others (like this case), he was not examined, though officer put to trial Yadav was same.", "This pick and choose is distressing in the background of the boasts of securing convictions, which cannot withstand appellate scrutiny, making one wonder if this too is a gimmick of silencing public outcry, while at the same time ensuring that wrong-doers do not really suffer, a trick to direct elsewhere the public ire for one's own sins of omission and commission.", "Since what has happened in these bunch of cases is symptomatic of a wider malady possibly affecting our criminal justice system, it became necessary to record this.", "An old University of repute, having a full-fledged Law faculty is the victim in this case.", "Rather than a departmental post mortem by the Director of Prosecution or top police brass, a research - a case study - into the manner in which these cases were investigated and prosecuted, vis-a-vis powers and duties of ::: Downloaded on - 09/06/2013 14:19:25 ::: 26 authorities concerned, may usefully provide policy makers with required inputs to prepare our systems to effectively deal with such scams and scandals in future.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "His conviction would cast a stigma and eclipse his whole career as a lawyer.", "Considering this consequence, as also the fact that appellant Mahendra Gote was convicted on 12.02.2008 and was released on ::: Downloaded on - 09/06/2013 14:19:25 ::: 31 03.05.2008 and was, thus, in jail for a little over two months, it may not be necessary to send the appellant to suffer a further prison term.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "As far as cancellation of his degree is concerned, the University Authorities would take appropriate steps and Bar Council too would take note of this conviction.", "Cancellation of degree was beyond the scope of powers of the learned Magistrate.", "In view of this, Criminal Appeal Nos. 87 of 2008 and 90 of 2008 are allowed.", "Conviction of these appellants for the offences punishable under Sections 420, 468, 471, read with Section 109 and 34 Section 409 read with Section 34 and 120-B of the Indian Penal Code and sentences imposed upon them are set aside.", "They are acquitted of those offences.", "Criminal Appeal No.88 of 2008 is partly allowed.", "Conviction of the appellant Mahendra Gote for the offence punishable under Section 420 of the Indian Penal Code is altered to one for the offence punishable under Section 417 of the Penal Code ::: Downloaded on - 09/06/2013 14:19:25 ::: 32 and he is sentenced to suffer rigorous imprisonment for the period already undergone and to pay a fine of Rs.", "Twenty Thousand or in default suffer rigorous imprisonment for the period of two months.", "::: Downloaded on - 09/06/2013 14:19:25 :::", "The order directing cancellation of marksheet of LL.B. Final Year and Degree Certificate is set aside.", "University Authorities as well as Bar Council would be at liberty to take appropriate action.", "JUDGE RR ::: Downloaded on - 09/06/2013 14:19:25 :::", "::: Downloaded on - 09/06/2013 14:19:25 :::" ]	[ "Section 34 in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 109 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 468 in The Indian Penal Code", "Section 409 in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 417 in The Indian Penal Code", "Section 467 in The Indian Penal Code" ]
196743485	[ "Rev. P.520/12 Page 2 of 11 advanced by counsel representing the petitioner follows the same lines of argumentsas advanced by the counselfor the State.", "The present case relates to the commission of suicide by one Sarita.", "This lady and the accused, Mr. Bhuvnesh Prakash Sharma were working in the office of the CBI while the co-accused, Mrs. Bhawna Sharma, whose name was also found in the suicide note left by the deceased, is a legally wedded wife of Mr. Bhuvnesh Prakash Sharma.", "As per the prosecution story,information was received by the police on 6.1.2010 that a bad smell was coming from house No. 55/19, Hari Nagar, Tilak Nagar, New Delhi.", "When the police reached the spot, itfound that thebad smell was coming from the second Crl.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 3 of 11 floor of the said house.", "Finding the main door at the second floor of the house locked, the police broke open the main door and found the dead body of the said lady lying on the sofa in a highly decomposed condition.", "On searching the place of incident, one suicide note running into three pages was found under the pillow lyingbelow the head of the dead body.", "Rev. P.520/12 Page 3 of 11", "It is the case of the prosecution that when the husband of the deceased Sarita was posted in Afghanistan, Russia she met with the accused Mr.", "BhuvneshPrakash Sharma and illicit relations developed between them.", "Sarita had got allotted the Government accommodation in Aaram Bagh, Paharganj, Delhi in 2007 and both of the deceased and the accused Bhuvnesh used to go to that house during day time and started helping each otherfinanciallywith passage of time.", "He has cheated me.", "He has taken all my gold jewellery near about 5 to 6 lakh and all cash about 4 lakh from me.", "He has ruined my life.", "He plays satta in criket and other games also.", "He is the only person who has forced me to commit suicide.", "He promised me that he will give divorce tohis wife and make me his wife.", "I cannot understand his planning.", "My last wish is that all my jewellery and cash to be given to my mother for my children and he may be punished.", "i.e. hang till death.", "God will never forgive him.", "I am sorry my children (Jaisal&Ashtami) (2) I have given 2.25 lakh on behalf of Naveen Rawat, 65,000 on behalf of Rajender Prasad and 70,000/- on behalf of Rajan to B.P. Sharma, JAO CBJ/HO all money may be collected from him and be paid to my mother Smt. Raj Kumari.", "I have borrowed Rs.10,000/- from Sh.", "Arya and Rs. 20,000/- from Sh.", "K.K.Sharma they may be paid and the money may be taken from B.P. Sharma JAO on behalf of Dalal Bearer in canteen this money should be taken and paid to my mother.", "B.P. Sharma Crl.", "They should be punished (B.P. Sharma and his wife Bhawna).", "He has kept all my jewellary in Muthoot Finance Group in Paharganj all receipts are in my purse.", "Bye and have u Jaisal&Ashtami my house may be given to my children.", "I have saving account in corporate on bank in CGO (Sarita) (4) B.P. Sharma and his wife Bhawna has planned it they both may be punished (Sarita) his M.No.", "9868218758, 9868218752 (Sarita).BhawnaW/oBhuvnesh Sharma has to ched me........... lot i.e. why I am --------------- she is ruined my .........................I request you to you punished B.P. Sharma has taken 50,000/- from K.K. Sharma on my behalf and also ...................... My arrear i.e. Rs.......................12,000/- from ............................. he has taken ............................ Me on my ........................... i.e................................... all my money .................................. May be given to my ............................ Father and children ............................... he has taken also taken Rs.65,000/- on my behalf from Sh.", "They both may be punished.................... Mummy all my jewellary and cash is with Bhuvnesh and his wife Bhawna.", "She used to do ill words on telephone to me and also threatened me to kill.", "Rev. P.520/12 Page 11 of 11", "14.2.2013 Crl.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 1 of 11", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 1 of 11", "By this order I propose to dispose of two criminal revision petitions filed by the State as well as by private party challenging the common order dated 5.11.2011 whereby the learned Trial Court has discharged the co-accused, Mrs. Bhawna Sharma for the commission of offences under Sections 306/406/420/34 IPC.", "Criminal Revision Petition has been preferred by the State to assail the said order dated 5.11.2011 mainly on the ground that the suicide note itself contains specific allegations against the co-accused Bhawna and such allegations against Bhawna are strong enough to frame charges against her for committing the offences under Sections 306/406/420/34 IPC.", "Addressing arguments for the State, Mr. Naveen Sharma, APP for the State submits that at the stage of framing of charges the trial court is required to look into the prosecution case only and not the defense of the accused person, which can be appreciated only during the trial of the case.", "Counsel also argued that the learned Trial Court has wrongly observed that the allegations against the co- accused Bhawna Sharma are superficial in nature and does not make out a strong prima facie case against her for framing of the said charges.", "Criminal Revision Petition No. 520/2012 has been preferred by the mother of the deceased to challenge the same order dated 5.11.2011 and the arguments Crl.", "Rev. P. No. 90/12 &Crl.", "Counsel also submitted that at the stage of framing of charges the Court has merely to form a prima facie view and not analyze the evidence in great detail to find out as to whether such an accused person would be ultimately convicted or not.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 2 of 11", "I have heard learned counsel for both the petitioners.", "Since the State itself has challenged the said order dated 5.11.2011, there is none to contest these petitions.", "The said suicide note was shown to the father of the deceased who identified the dead body as well as the hand writing of the deceased.", "Husband of the deceased came from Russia on 8.1.2010 and he also identified the hand writing of the deceased on the suicide note.", "Rev. P. No. 90/12 &Crl.", "Both of them had deposited their jewellery with Muthoot Finance Ltd. and deceased had given the money to the accused.", "It is also the case of the prosecution that the accused Bhuvnesh Prakash Sharma had promised to marry the deceased and to achieve the said purpose he had even asked the deceased to take divorce from her husband and Crl.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 4 of 11 even a divorce petition was found unsigned inher house.", "This illicit relationship of Sarita and Bhuvnesh Prakash Sharma came to the knowledge of Bhawna Sharma, wife of Bhuvnesh Prakash Sharma and later on Bhuvnesh Parkash Sharma refused to marry the deceased and such refusal on the part of Bhuvnesh Sharma led the deceased to commit suicide by consuming some poisonous substance.", "The contents of the suicide note left by the deceased as referred to in the impugned order are reproduced as under:-", "Rev. P. No. 90/12 &Crl.", "(sd.", "English Sarita).", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 5 of 11", "Jaisal and Ashtami both will give fire to my dead body, their father Kishore Kumar may not be allowed to touch my dead body.", "Suraj Mal, U...............................\"", "Rev. P. No. 90/12 &Crl.", "Rev. P. No. 90/12 &Crl.", "She has just alleged of threatening calls from the co-accused Bhawna, which could have been made by the co-accused after knowing about the illicit relations between the deceased and her husband.", "The allegations with respect to the co-accused having custody of the jewellery and cash of the deceased and also with respect to her involvement in planning with her husband do not inspire any confidence.", "On the contrary, the facts and circumstances of the case points out that the co-accused was herself cheated and betrayed by her husband and the deceased.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 8 of 11", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 9 of 11", "In the light of the above, this Court findsthat the trial court rightly discharged the co-accused Bhawna for the commission of offences under Sections Crl.", "Rev. P. No. 90/12 &Crl.", "I find no illegality or any kind of infirmity in the said impugned order passed by the trial court.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 10 of 11", "There is thus no merit in the present revision petitions.", "The same are accordingly dismissed.", "KAILASH GAMBHIR February 14, 2013 Crl.", "Rev. P. No. 90/12 &Crl.", "Rev. P.520/12 Page 11 of 11", "Rev. P. No. 90/12 &Crl." ]	[ "Section 306 in The Indian Penal Code", "Section 107 in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 406 in The Indian Penal Code" ]
196746869	[ "Case diary is available.", "This is the first bail application filed by the applicant/accused under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail apprehending his arrest in connection with Crime No. 148/13 registered at Police Station, Kotwali, Dist.", "Chhindwara for the offences punishable under Section 294, 506, 327/34 and 394 of the IPC.", "On the due date of hearing, the applicant/accused failed to appear before the Court and an application filed by the applicant/accused under Section 317 of the Cr.P.C. for condonation of his absence was rejected.", "In the said circumstances it is inferred that the application filed by the applicant/accused under Section 438 of the Cr.P.C. is not maintainable because the applicant/accused failed to appear before the Court flouting the terms and conditions of the bail.", "Consequently, the warrant of arrest was issued against him by the trial Court.", "The prayer is accepted.", "Hence, the petition is dismissed as withdrawn with the liberty as stated earlier.", "Office is directed to return the certified copy of order dated 09-03-2015 to the applicant/accused after taking photocopy on record.", "(M.K. MUDGAL) JUDGE" ]	[ "Section 294 in The Indian Penal Code", "Section 394 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
17772151	[ "The application for anticipatory bail is, thus disposed of." ]	[ "Section 325 in The Indian Penal Code", "Section 448 in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 438 in The Indian Penal Code" ]
1777261	[ "S. Veiladurai, Assistant Commissioner of Police, JobRocket and Video Piracy, Chennai City, (4) Tr.", "C. Edward, Inspector ofPolice, CCB, Chennai and (5) Tr.", "S.B. Sinha, J.", "1. Leave granted.", "2. Jurisdiction of a Magistrate to direct reinvestigation of a case fromtime to time as laid down under sub-section (8) of Section 173 of the Codeof Criminal Procedure, 1973 (for short, \"the Code\") is the question involvedin this appeal.", "It arises out of a judgment and order dated 13th March, 2008passed by a learned single judge of the High Court of Judicature at Madrasin Crl.", "R.C. No. 245 of 2008 allowing the criminal revision application filed 2by the respondent No.1 from an order dated 13th February, 2008 passed bythe learned III Metropolitan Magistrate, George Town, Chennai.", "Indisputably, on or about 30th December 2005, a complaint waslodged by the appellant against Accused Nos. 1 to 9, namely, LakshmichandBafna (Accused No.1), Dharmendra Bafna (Accused No.2), MahendarBafna (Accused No.3), Rakesh Bafna (Accused No.4), G.R. Surana(Accused No.5), Shantilal Surana (Accused No.6), Vijayaraj Surana(Accused No.7), Dinesh Chand Surana (Accused No.8) and Maran (AccusedNo.9) before the Commissioner of Police, Chennai City, Chennai inter aliaalleging that they connived together from the beginning and cheated him asum of Rs.4.65 crores by denying to return the money which was given tothem for purchase of gold.", "Although theyhave admitted the liability to the extent of 4.95 crores, but did not returneither any gold or money to the complainant.", "On or about 12th January 2006, an application for grant of anticipatorybail before the High Court of Madras was filed by all the accused statingthat the Accused Nos. 5 to 8 are brothers and are the directors of their familybusiness known as M/s Surana Corporation Limited.", "It was admitted that 3the Accused No.2 is the sub-agent of Surana Corporation Limited whointroduces investors.", "A First Information Report (\"FIR\") was lodged by the appellantagainst all the accused on or about 22nd January, 2006 in the Central CrimeBranch Station.", "Allegedly, on or about 27th January 2006, in the aforementioned bailapplication, the said accused filed statement of accounts of the appellant/defacto complainant mentioned in the Multi Commodity Exchange of IndiaLimited (\"MCX\") which is a Government approved On-Line TradingExchange of Bullion, Energy, Metal and Oil, admitting that they hadundertaken bullion trade with MCX by using the appellant's money.", "Apart from the said FIR, the parties have filed some Civil Suits also.", "Indisputably, however, Banwarlal Sharma (Accused No.10) wassubsequently added.", "It is furthermore not in dispute that the investigationwas transferred to CBCID, Chennai by the Director General of Police, TamilNadu.", "On or about 8th October, 2007, a charge-sheet was filed before thelearned III Metropolitan Magistrate, George Town, Chennai only against 4Accused Nos. 1 and 2 under Sections 406, 420 and 120B of the Indian PenalCode (\"IPC\").", "The learned Magistrate took cognizance against the saidaccused.", "On or about 29th October 2007, on the premise that the learnedMagistrate had not taken cognizance against the other accused, the appellantfiled an application under Section 482 of the Code before the High Court forsetting aside the said order.", "The said application was disposed of by thelearned single judge of the High Court in the following terms:", "K.G. Rajakumar, Assistant Commissionerof Police, CCB, Egmore, Chennai apart from him.", "We have noticed hereinbefore that the investigation was transferred toCBCID by an order dated 29th March 2007 passed by the DGP, Tamil Nadu.", "The matter, thus, has been investigated by two specialized agencies.", "Thedeponent of the counter affidavit categorically stated that he had made athorough investigation and upon consideration of the materials gatheredduring investigation identified that there was no connection between themoney of the de facto complainant and Accused Nos. 3 to 10 and hence thefinal form was filed in their favour.", "It was pointed out that the complainanthad filed the aforementioned application under Section 173(8) of the Codeprincipally on the premise that no investigation had been carried out inrespect of three documents being (1) The additional grounds raised in the 18anticipatory bail application, (2) The plaint filed by Accused No.2 in theCivil Suit filed by him and (3) the letter written by Mahaveer Surana, theauthorized signatory of Surana Corporation Ltd., to the Chief Minister's cell.", "It was furthermore pointed out:", "\"(b) The second accused came forward with improbable stories for him to escape from prosecution.", "Similarly, the version of A2 in the suit filed by him was also not believed as it was not borne out by any documentary evidence.", "Similarly, the letter written by Mahaveer Surana to the Chief Minister's Cell is also a document intended to save A-1 and A-2 from the crime and hence not to be believed.", "The version of the de facto complainant, the petitioner herein and also of A-2 to establish the connection between the money paid by the de facto complainant to A-2 with A-3 to A-10 is not borne out by any documentary evidence.", "Hence, the case against A-3 to A-10 were dropped.", "No accused can be compelled to be a witness against himself.", "Accused No.2 had given the said amount on 18th November2005 to M/s Vinayaga Vyapar Limited on various dates on its own risks andon the basis whereof M/s Vinayaga Vyapar Ltd. entered transactions withM/s Surana Corporation Ltd. on 17th November 2005 and all payments hadbeen made through cheques only.", "Upon giving the details, the InvestigatingOfficer had come to the following conclusion:", "\"These transactions were for speculative trading only.", "It is stated in the FIR filed by the petitioner that the transaction between the petitioner and the A-2 Dharmendra Bafna are independent transaction between themselves and no third party was involved.", "Ithas not been found that the Investigating Officer was in any way biasedtowards the complainant.", "Furthermore, if the contention of Mr. Tulsi is 21correct, the question as to whether Accused Nos. 3 to 10 were involved inthe matter could be pointed out from the materials which had already beenbrought on record." ]	[ "Section 420 in The Indian Penal Code", "Section 482 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 173 in The Indian Penal Code", "Section 406 in The Indian Penal Code" ]
177732705	[ "The Deputy Superintendent of Police, District Crime Branch, Chengai East District, Thomas Malai, Chennai \u0016 16, has filed the charge sheet against the accused Elumalai and Baskaran in Crime No.3 of 1997 of Saint Thomas Mount PCR Unit stating that on 14.02.1997 at about 10.30 Hours, due to a wordy quarrel, between the accused 1 and 2 and the defacto complainant, in front of her house at Pallavaram, the accused 1 and 2 intentionally insulted her witness in the public view by calling her as \u0013ngho giwr;rp \u0013 and abused her by saying as \u0013,e;j ,lj;ij cd;id th';f tpl;lnj jg;g[.", "mjpYk; cd;id tPL fl;l tpl;lJ mijtpl jg;g[.", "cd;id xnuaoahf xHpj;J fl;Lfpnwhk; ghh;/\u0014 and also criminally intimidated her and they would kill her and so the accused 1 and 2 committed the offences punishable under section 3(i) (x) of SC/ST (PA) Act 1989 and under section 506(ii) of IPC r/w 34 of IPC.", "On being questioned, the accused pleaded not guilty and hence trial was conducted on the side of the prosecution, nine witnesses were examined and five documents were marked as Ex.", "P1 to P5 namely: Ex.", "P1: 11.03.1997-complaint given by Vatchala Sugumaran (P.W.1); Ex.", "P2:31.07.1997-Community Certificate of Accused 1.Elumalai, 2.Baskaran; Ex.", "P3-29.07.1997-community certificate of Vatchala Sugumaran (P.W.1); Ex.", "P4-11.03.1997 -Printed F.I.R in Cr.", "No.3/97 P.C.R Wing, Chengalpattu East; Ex.", "P5-20.03.1997 \u0016 rough sketch.", "On the side of the accused, no witness was examined and three documents were marked as D1 to D3 namely: Ex.", "D1-21.02.1997-Notice issued by Sugumaran husband of the complainant; Ex.D2-03.03.1997-Letter sent by the Secretary, Federation of SC/ST Pallavaram Range, to the Inspector of Police, PCR Wing, St.", "Thomas Mount; Ex.", "D3-20.02.1997-Petition given by Vatchla to Thiru.", "V.Moorthy, Secretary, Pallavaram.", "PW.1, Vatchala Sugumaran had adduced evidence that she is living in No.19, Bajanai Koil Street, Pallavaram and is working as Accounts Assistants in Railways for the past 20 years, she deposed that her husband is working in Central Excise Department as Inspector.", "She deposed that she belongs to Hindu-Adidravidar Community and the accused 1 and 2 viz., Elumazhai and Bhaskaran, belong to the Chettiyar Community and own houses situated behind the house of PW.1 at No.21-A, Bajanai Kovil Street, II Street.", "She deposed that on 14.02.1997, at about 10.30 a.m., the accused 1 and 2 came in front of her house and called her and that when she came out, both the accused questioned her as to why she had installed the fence in the place which belongs to them.", "She deposed that when she replied that the place where she installed the fence belonged to her and that she had every right to install the fence, the accused 1 and 2 scolded by saying her community have as \u0013ngho giwr;rp \u0013 and also abused her by stating as \u0013,e;j ,lj;ij cd;id th';f tpl;lnj jg;g[.", "mjpYk; cd;id tPL fl;l tpl;lJ mijtpl jg;g[.", "cd;id xnuaoahf xHpj;J fl;Lfpnwhk; ghh;/\u0014 she deposed that she had subsequently locked her house and gone to her relative place and preferred a complaint before the Pallavaram Police Station but the police officials refused to receive her complaint.", "She deposed that on 28.02.1997, the accused came along with 5 or 6 persons and removed the fence installed by her and the same was intimated to her.", "She deposed that, due to fear, she lives in the house of her relative, she deposed that at the time of occurrence, PW.2-Mohan and PW.3-Ramu were present.", "She deposed that she had preferred the complaint Ex.", "On 11.03.1997 at about 02.00 to 02.30 p.m., before the Deputy Superintendent of Police, PCR Wing and that she also preferred a compliant about the occurrence before the \u0013Ambedkar Viduthalai Iyakkam\u0014.", "He deposed that on 14.02.1997, when he was preparing a bamboo gate in front of the house of PW.1, as directed by her and talking to his friend Ramu (PW.3) both the accused came and called PW.1 and abused her and also scolded her by stating her community.", "PW.1, had come to their office and gave a complaint and that he and Moorthy were present in the office.", "He deposed that he had sent a Xerox copy of the complaint to the Chief Minister and higher officials and sent the original to the President Ilayaperumal.", "PW.5, V.G.Jayakumar, Deputy Tahsildar, Office of the Urban Land Tax, Tambaram at the time of occurrence deposed that on receipt of the requisition made by the Deputy Superintendent of Police in Crime No.3 of 1997, the Tahsildar of Tambaram, after verifying the records, issued the community certificate of the accused (Ex.P2), wherein it was mentioned that the accused belonged to the Vanniachettiar community and that he had attested the true copy of the same.", "PW.6, V.Radhakrishnan, Tahsildar, Tambaram, deposed that he had issued Ex.", "The petitioner / defacto complainant has preferred the present revision in Crl.", "plaint against the accused.", "P3-community certificate of PW.1, Vathsala Sugumaran, and mentioned in the certificate that she belonged to Hindu-Adidravidar Community.", "PW.7-S.Rameshwaran, deposed that on 11.03.1997, when he was working as Inspector of Police, Chengalpattu west Human Rights Protection Wing, he had received the complaint (Ex.P1) preferred by PW.1 and registered the same in Crime No.3 of 1997 of the PCR Wing under section 147, 379, 506(ii) of IPC and under section 3(1) (X) of SC/ST (PA) Act and sent the same to the Deputy Superintendent of Police PCR Unit, Chengalpattu east.", "He deposed that he had sent the printed F.I.R (Ex.P4) to the Judicial Magistrate concerned and the copies of the same were sent to higher officials.", "9. PW.8, Jawahar Chandrasekar, deposed that on 11.03.1997, when he was working as Deputy Superintendent of Police, St. Thomas Mount, he had received the printed F.I.R (Ex.P4) and took up further investigation in the case.", "He deposed that he had enquired PW.1-Vathsala Sugumaran, Sivalingam, Sampath, Moorthy, Arunachalam, Kalai Selvi, Regan, Suderson and recorded their statements.", "He deposed that on 20.03.1997, he inspected the place of occurrence and prepared Ex.P5-rough sketch and that he was subsequently transferred.", "PW.9-Srinivasan, the successor of PW.8 deposed that on 03.06.1997, he received the case from PW.8 and on 04.06.1997 went to Kulathumedhu, Pallavaram and enquired PW.1- Vathsala; PW.2-Mohan; PW.3-Hema and the husband of PW.1 namely Sugumaran and recorded their statements.", "He deposed that on 09.06.1997, he went to Pallavaram Police Station and enquired the Sub Inspector of Police namely G.Mani and recorded his statement.", "He deposed that on 19.06.1997, he enquired PW.4-Gouthaman and recorded his statement and that on 26.06.1997, he enquired the Inspector of Police, namely PW.7-Rameshwaran and recorded his statement.", "He deposed that on 08.08.1997, he enquired with the Deputy Tahsildar namely PW.5, Jayakumar and recorded his statement.", "He deposed that after receiving the opinion from the A.P.P, on 26.08.1997, he had the charge sheet made against the accused under section 3(1) (x) of SC/St (PA)", "The Principal Sessions Judge observed that there has been an inordinate delay in preferring the complaint Ex.", "P1; on 11.03.1997 at 02.00 p.m., for the occurrence that took place on 14.02.1997 to PW.7, the Inspector of Police, PRC wing, on the basis of which the printed F.I.R and Ex.", "P4 has been registered.", "The learned Judge further observed that the statement of PW.6, who it appears was examined by the Deputy Superintendent of Police was not available in the records.", "On 16.02.1997, on the basis of which the case was registered in Crime No.35 of 1997 and subsequently in Crime No.227 of 1997, in which case it is seen that PW.1's husband surrendered before the Judicial Magistrate's Court and was released on bail and that the suit was also filed by the wife of the 1st accused in O.S.No.103 of 1997 in Tambaram District Munisf Court, in which case she obtained injunction.", "The sessions Judge therefore observed that in view of such civil disputes and since the complaint was lodged by the wife of the 1st accused against PW1's husband, as a counter blast.", "The complaint Ex.", "P1 had been preferred by PW.1 on 11.03.1997 to show as if the occurrence took place on 14.02.1997 during which the accused, who the father soon abused PW.1 and humiliated her, her written public view, which is totally unbelievable.", "The sessions Judge opined that if really such an occurrence took place, it does not stand to reason as to why there has been a delay in preferring the complaint by PW.1 after nearly a month from the date of occurrence.", "The Session Judge further observed that in the complaint ex.", "P1 had the written complaint preferred by PW.1 to their community leader.", "PW.4-Gouthaman, the xerox copy of which is Ex.", "P3, it is not mentioned that the witnesses were present at the time of occurrence and as such the Sessions Judge held that the evidence of PW.2 and PW.3 that they were present and witnessed the occurrence was unacceptable.", "The Sessions Judge further observed that according to PW.2 and PW.3, they were examined by the Deputy Superintendent of Police.", "On 04.06.1997 in the office of the Deputy Superintendent of Police.", "Whereas, according to PW.9, they were examined by him in a public place near the place of occurrence.", "The Sessions Judge on observing that PW.2 and PW.3 also belonged to scheduled caste community, opined that the evidence of PW.2 and PW.3 were interested testimony.", "The Sessions Judge further observed that if really the occurrence had taken place on 14.02.1997, the said fact could have been mentioned in the lawyer's notice Ex.", "D1, dated 21.02.1997, caused by PW.1's husband to the wife of the 1st accused and that in the instant case this has not been mentioned.", "Hence, the Sessions Judge on observing that there was an inordinate delay in completing the investigation and on scrutiny of oral and documentary evidence held the accused 1 and 2 not guilty of offences Under section 3(1) (x) of SC/ST (PA) Act and under section 506(ii) of IPC and acquitted them under section 235 (1) Cr.", "Aggrieved by the acquittal accused passed by the trial Court, PW.1 has preferred the present revision.", "The learned counsel for the revision petitioner has preferred in his revision that the Court below erred in holding that the delay of nearly one month in giving complaint Ex.", "P1, before the respondent affects the case of the prosecution but failed to see that the petitioner PW.1 in her evidence stated that she had initially gone to Pallavaram Police Station to give the complaint but as they refused to receive it, she had stayed on at her relatives house, out of fear and gave the complaint to the respondent police.", "Hence, it was prayed to set aside the order of the Court below.", "The very competent counsel, Mrs.Shyamala, appearing for the accused submits that the 1st accused has filed a civil suit in O.S.No.103 of 1997, on the file of the District Munsif Court, Tambaram, due to civil dispute among the defacto complainant and accused.", "The defacto complainant had levelled a complaint against the accused under the SC/ST atrocities Act also, taking advantage of her community.", "Further, the witnesses listed by the prosecution, belong to the same community of PW.1 and are interested witnesses.", "PW.5 to PW.9 are prosecution witnesses who are attached to Government Offices.", "As such, the case has been misconceived against the accused.", "The very competent additional public Prosecutor Mr.", "Further, there is a civil dispute is pending between the accused and petitioner herein." ]	[ "Section 506 in The Indian Penal Code", "Section 3 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 379 in The Indian Penal Code" ]
177739763	[ "The applicant has been sentenced tosuffer simple imprisonment for a period of six months foroffence under Section 279 of the IPC, simple imprisonment ofone year for offence under Section 304-A of the IPC and simpleimprisonment for a period of two months under Section 184 ofthe Motor Vehicles Act, 1988, with the sentences runningconcurrently.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "The victim, a girl of 11 years of age, wastravelling in the said auto rickshaw with her mother Pratibha(PW1) and her sibblings, as also another passenger.", "When thesaid auto rickshaw, being driven by the applicant, reachednear Mamla Fata, it gave a dash to a stationary auto rickshaw,as a result of which the victim fell from the auto rickshaw andits wheels went over the legs of the victim.", "She also sufferedhead injuries and she was shifted to the General Hospital atChandrapur.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "3 REVN135-15.odt", "On the basis of information given by the hospital, acase of accidental death was initially registered in the PoliceStation.", "Thereafter, during investigation, it was found that thestationary auto rickshaw was parked on the side of the road,which belonged to one Sandip Tawade (PW2) and uponrecording the statements of the passengers in the saidstationary auto rickshaw, as also the statement of the motherof the victim, a case under Section 279 and 304-A of the IPC, asalso under Section 184 of the Motor Vehicles Act, 1988, wasregistered against the applicant.", "He was charged with offencesunder the said provisions.", "The prosecution examined seven witnesses to proveits case against the applicant.", "This included PW1 Pratibha(mother of the victim), PW2 Sandip Tawade (driver of thestationary auto rickshaw), PW3 Rajendra Shende (panchwitness), PW4 Meerabai Khanke (passenger in stationary autorickshaw), PW5 Sunita Madavi (passenger in stationary autorickshaw), PW6 Bhanudas Pise (Police Constable) and PW7Veena (passenger in stationary auto rickshaw).", "Uponcompletion of recording of evidence, the statement of theapplicant under Section 313 of the Cr.P.C. was recorded.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "4 REVN135-15.odt", "The appeal filed by theapplicant before the Sessions Court stood dismissed byjudgment and order dated 17.10.2015 and, therefore, theconviction and sentence imposed against the applicant stoodconfirmed.", "Aggrieved by the same, the applicant hasapproached this Court.", "While admitting the presentapplication, the sentence was suspended and the applicantwas granted bail.", "It was submitted that the auto rickshaw was beingdriven in such a rash and negligent manner by the applicantthat it dashed the stationary auto rickshaw from behind,although the said stationary auto rickshaw was standing on theside of the road.", "On this basis, the learned APP supported thejudgments and orders passed by the two Courts below.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "In the present case, the applicant has been foundguilty under Section 279 of the IPC for rash driving on a publicway and under Section 304-A of the IPC for causing death bynegligence.", "The material on record shows that duringinvestigation it was found that there was no mechanical faultin the auto rickshaw being driven by the applicant.", "In fact,there was no such contention or defence raised on behalf ofthe applicant himself.", "In this situation, the evidence of thewitnesses becomes significant to examine as to whether thecase of the prosecution about the applicant having acted in arash and negligent manner causing the death of the victim,was proved beyond reasonable doubt.", "The witnesses who havedeposed about the nature of the incident are PW1 Pratibha,PW2 Sandip, PW4 Meerabai, PW5 Sunita and PW7 Veena.", "Aperusal of the evidence of the said witnesses shows that whilethe auto rickshaw of PW2 Sandip was parked by the side of the::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 ::: 7 REVN135-15.odtroad, as it had run out of petrol and he had gone out to fetchpetrol, the auto rickshaw driven by the applicant came frombehind and dashed the stationary auto rickshaw of PW2Sandip.", "The impact of the collision from behind was such thatthe stationary auto rickshaw turned.", "In fact, PW4 Meerabaistated that due to such sudden dash, while she was standingnear the auto rickshaw, even she received injury on her knee.", "The other passengers sitting in the stationary auto rickshaw i.e.PW5 Sunita and PW7 Veena also likewise stated that the autorickshaw driven by the applicant dashed the stationary autorickshaw of PW2 Sandip, in such a manner that the stationaryauto rickshaw turned towards the road.", "It is because of thesaid impact that the victim was thrown from the seat of theauto rickshaw being driven by the applicant and she fell on theroad.", "The auto rickshaw of the applicant ran over the legs ofthe victim and due to the sudden fall, she also suffered headinjuries.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "Much emphasis was sought to be placed by thelearned counsel for the applicant on the evidence of PW4Meerabai, who was standing next to the stationary autorickshaw of PW2 Sandip, to claim that she was declared hostileand that she claimed that the incident took place at a spot::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 ::: 8 REVN135-15.odtwhere the road had an ascending slope.", "But, the deposition ofthe said witness PW4 Meerabai also shows that the stationaryauto rickshaw of PW2 Sandip was dashed from behind by theauto rickshaw being driven by the applicant in such a mannerthat the stationary auto rickshaw itself turned towards theroad.", "This, coupled with the evidence of the mother of thevictim, i.e. Pratibha (PW1) and the other witnesses to theincident, clearly shows that the applicant was driving the autorickshaw in such a rash and negligent manner that he dashedinto the stationary auto rickshaw of PW2 Sandip, which wasstanding on the side of the road.", "The evidence of all theprosecution witnesses, who actually witnessed the incident,clearly shows that the stationary auto rickshaw of PW2 Sandipwas not in the middle of the road and that it was parked at theside of the road and yet the applicant came with his autorickshaw at a high speed and dashed from behind.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "But, in the present case, there is no dispute about thefact that the applicant was actually driving the auto rickshaw inwhich the victim was travelling.", "As noted above, the evidenceproduced by the prosecution clearly demonstrated that theapplicant was driving the auto rickshaw in a rash and negligentmanner because he dashed the stationary auto rickshaw ofPW2 Sandip from behind, although the said stationary autorickshaw was parked on the side of the road.", "The only aspectthat needs to be examined is, as to whether the death of thevictim could be attributed to the incident in question and::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 ::: 10 REVN135-15.odtwhether it could be said to be the direct and proximate causeof the same.", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "::: Uploaded on - 16/08/2019 ::: Downloaded on - 18/08/2019 21:48:48 :::", "11 REVN135-15.odt" ]	[ "Section 304A in The Indian Penal Code", "Section 279 in The Indian Penal Code" ]
1777433	[ "Hence they are not before me.", "It is further alleged that at the time of purchase, the accused Nos. 1, 9 and 10 also assured the complainant that this new Hotline Machine will be brought to Tumsar and will be installed in the cinema hall constructed by the complainant.", "Besides, the warranty period of one year was assured and during warranty period if there occurs any fault, repairs will be carried out as per the agreement.", "If the machine is not working satisfactorily the same would be replaced without charging anything for the same.", "According to the complainant, the machine was not working properly and, therefore, letters were issued to the accused to send their Engineers.", "However, it is contended that they demanded Rupees 10,000/- from the complainant for future repairs even during the period of guarantee.", "It is a common experience that there is a tendency on the part of the litigants to start circuit civil suits or proceedings by instituting complaints, which should be vigilantly checked by the Criminal Courts and they should not lend aid to such short cuts.", "The parties should not be allowed to give vent to their anger or express their vengeance by starting proceedings in Criminal Courts when proper remedy is to resort to Civil Courts.", "Hasty resort to criminal courts to invoke aid against persons inflicting civil injuries should not be encouraged.", "The perusal of the complaint instituted by the non-applicant No. 1 Shri Durgaprasad Agarwal on behalf of his brother Shri Sham Sundar in the Court of Chief Judicial Magistrate, Bhandara, the averments made in the instant petition and documents annexed with the petition, the instant case appears to be one of such tipe of short cuts by moving the Criminal Court rather than to redress their grievances in the Civil Court.", "The facts which prompted the non-applicant Shri Durgaprasad Agarwal to institute the complaint in the Court of Chief Judicial Magistrate, Bhandara, are as follows :-", "The complainant is the brother of Shri Shamsundar who does the business of exhibiting films at Tumsar in the name and style as \"Balaram Video Cinema\".", "An assurance was extended by the accused Nos. 9 and 10 to the complainant.", "The complainant decided to purchase the said machine.", "The learned Chief Judicial Magistrate, Bhandara, took no cognizance against the accused Nos. 9 and 10 and therefore, no process was issued against those persons.", "It is further submitted in the complaint that though assurance was extended to supply new working machine, the accused supplied an old one.", "On these averments, the complainant alleged that the accused committed the offences punishable u/Ss. 415, 416 and 420 of the Indian Penal Code.", "Petition allowed." ]	[ "Section 420 in The Indian Penal Code", "Section 415 in The Indian Penal Code" ]
177748019	[ "This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary conditions prevailing now-a-days.", "I have perused the bail application filed on behalf of Ajay Yadav@Gajai, who is languishing in jail since 04.05.2019 in connection with Case Crime No.228 of 2019 u/s 419, 420, 467, 468, 386, 499 and 120-B I.P.C., P.S.-Badagaon, District-Varanasi.", "It is culled out from the record that the FIR was got registered by one Anil Singh, an Advocate against three persons including the applicant.", "The allegations made in the FIR is that after concocting the document, informant's sister was projected as wife of the applicant and same was endorsed in the electoral list.", "Her sister was shown as wife of the applicant.", "Not only this, the applicant has also filed a suit under section 9 of the Hindu Marriage Act declaring the informant's sister as his wife.", "Though, the said suit was dismissed for want of prosecution.", "However, restoration was filed.", "Another suit was also filed bearing no.885 of 2018 under section 9 of the Hindu Marriage Act at Jaunpur in which notices were issued.", "Let the applicant, Ajay Yadav @ Gajai, who is involved in Case Crime No.228 of 2019 u/s 419, 420, 467, 468, 386, 499 and 120-B I.P.C., P.S.-Badagaon, District-Varanasi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.", "Further, before issuing the release order, the sureties be verified.", "(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE 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 COUNSEL.", "IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.", "(iii) 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 IPC.", "(iv) 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.", "(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.", "In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.", "Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith.", "Needless to mention that these additional conditions are imposed to cope with emergent condition-:" ]	[ "Section 494 in The Indian Penal Code" ]
32124251	[ "Heard learned counsel for the appellant/applicant, learned A.G.A and gone through the record.", "This appeal has been filed by the appellant/applicant- Jogindra @ Jogi under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act with the prayer to set aside the bail rejection order dated 10.10.2017 passed by Special Judge, SC/ST Act/Additional Sessions Judge,Gautam Budh Nagar in Crl.", "Bail Application No. 2354 of 2019 of 2019 arising out Case Crime No. 263 of 2017 under Sections 302, 120B, IPC and Section 3(2)(5), of SC/ST.", "(Prevention of Atrocities) Act, police Station Dankaur, district Gautam Budh Nagar.", "Since the materials/documents available on record and with the learned AGA, are sufficient to decide the appeal, this appeal is being decided finally.", "Consequently, the appeal stands dismissed." ]	[ "Section 302 in The Indian Penal Code", "Section 411 in The Indian Penal Code", "Section 379 in The Indian Penal Code" ]
27404919	[ "The students were found using slips, guides, books and other unfair means etc. in the examination.", "The Incharge of the Centre had no control over the Invigilators, neither she was inspecting whether the invigilatiors are doing their duties in the class rooms or not.", "The unfair means, such as articles, books, etc. were being used as outsiders were throwing the same to the examination rooms.", "On behalf of the respondent/State contentions are vehemently opposed and it is contended that \"mass-copying\" was being done at the a time of surprise inspection.", "Therefore, the Divisional Officer has hy recorded the incident and has also intimated to the M.P. Higher ad Secondary Board and on the instructions of the Board of Secondary M Education lodged the FIR.", "The petitioner being the Incharge was not performing her duties properly in conducting the examination.", "The petitioner was the incharge of the examination centre and allegedly \"mass-copying\" was being done in almost all the rooms.", "The Invigilators were also silent and were not performing their duties properly.", "M [23/02/2018] of This petition under section 482 of the Code of Criminal Procedure rt has been filed to invoke the extraordinary jurisdiction of this Court, ou and to quash the charge-sheet which resulted in Criminal Case No.703/2012, pending before the Judicial Magistrate First Class, C Patan, Jabalpur, against the petitioner for offence under section 4 read h with section 3-D(2)/4 of Madhya Pradesh Recognized Examination ig Act, 1937 and section 119 of Indian Penal Code, and in the alternative, H section 119 read with section 120-B of I.P.C.", "Bereft of the unnecessary details, facts requisite for disposal of this petition are that, the petitioner-Smt.", "Shakuntala Verma was the incharge of the examination centre, namely, Government Boys Higher Secondary School, Katangi at the relevant time and having Centre No.711027, wherein the Higher Secondary and High School examinations were being conducted.", "On 05.3.2012, a surprise inspection was conducted by the Divisional Officer of the Board of Secondary Examination, Jabalpur.", "In the class rooms the examination was being conducted, where 752 Higher Secondary students and 159 High School students were participating.", "During the surprise check the students were found engaged in \"mass-copying\" in presence of the invigilators.", "The sh Invigilators in the surprise check gathered slips, articles and unfair e means and tried to burn them outside the class room.", "Immediately the ad Divisional Officer informed the Board of Secondary Education, Pr Bhopal and he was directed to lodge First Information Report against the Incharge of the Examination Centre and then informed to the a Board at Bhopal.", "Therefore, he covered the incident by a handicam hy and also prepared a C.D. and lodged the FIR and informed the Board ad about lodging of the FIR.", "Police Station, Katangi vide Crime No.52/2012 lodged FIR of against the petitioner-Smt.", "The names of the h Invigilators were provided to the Police as well as Board of Secondary ig Education.", "The materials seized, including the slips, guides, books and H other unfair means.", "Therefore, it would not be appropriate to discuss the evidence at this stage.", "He, therefore, contended that the trial is in progress and the important witneses have been examined and it would not be appropriate to embark upon an enquiry of this Court.", "Second part of the argument advanced by learned counsel for the petitioner is concerned, there is no evidence with regard to \"mass- copying\" and the involvement of the petitioner in the crime.", "In case sanction H is granted only then the petitioner can be prosecuted and not otherwise.", "Resultantly, this petition is allowed.", "The order framing of charge dated 09.10.2107 is set aside.", "The petitioner is discharged." ]	[ "Section 325 in The Indian Penal Code", "Section 304A in The Indian Penal Code", "Section 120B in The Indian Penal Code" ]
27412663	[ "(03.04.2017) The applicant has preferred this revision feeling aggrieved by the order dated 09.09.2015 passed by Second Additional Sessions Judge, Ashoknagar, District Ashoknagar in Sessions Case No.65/2015, whereby the charges under Section 341, 294, 506 and 329 read with Section 34 of IPC have been framed against the applicants.", "The facts of the case in brief are that on 06.05.2015 complainant Rajaram Singh Yadav while travelling from Village Kudai to Ashoknagar by motorcycle was stopped by the applicants who demanded Rs.5000/- for damages alleged to have been caused by the", "-( 2 )-", "R.No.1112/2015 complainant and used filthy languages to the complainant.", "When the complainant refused to pay the requisite amount then the applicants caused injuries to the complainant by means of lathi and knife by which he sustained grievous injuries and while going the applicants gave threat to the complainant of dire consequences.", "The FIR was lodged at the instance of the complainant and after investigation, the charge- sheet was filed for the commission of offences punishable under Sections 294, 323, 325, 327, 341, 506 B and 34 of IPC.", "The trial Court on perusal of the charge sheet concluded that the material available on record is enough for framing the charges punishable under Sections 294, 341, 329 read with Section 34 and 506 of IPC.", "Feeling aggrieved by the order, the applicants have preferred this revision petition.", "Learned counsel for the applicants submitted that the applicants were not named in the FIR.", "No Test Identification Parade was conducted during the investigation.", "It was mentioned in the F.I.R. that the applicants caused injuries on the head by means of knife but as per medical report, no incised wound was found on the head of the complainant.", "The complainant alleged that the applicant No.3 Raja Singh Yadav blamed him", "-( 3 )-", "To the contrary, learned counsel for the respondent submits that statement recorded under Section 161 of Cr.P.C. clearly makes out the charges against the applicants.", "Accordingly, he submitted that the revision petition is merit- less and deserves to be dismissed.", "I have considered the rival contentions of the parties and perused the record.", "From perusal of the F.I.R., it appears that the applicants caused the injuries to complainant by means of lathi by which he received injuries on right hand, waist and the head.", "Although in the M.L.C. report, no injury was found on the waist, but the complainant sustained lacerated wound on his skull and contusion with swelling on right forearm." ]	[ "Section 34 in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
27430217	[ "5.The brief facts of the prosecution are as follows: 5.1.P.W.1 is a resident of Manavalankarai village.", "On the datehttp://www.judis.nic.inof occurrence, he was celebrating Mattu Pongal Festival in his 3 house.", "At that time, a mob consisting of 50 members came in front of his house.", "A2 one Ganesan beat P.W.1 with iron rod on his head.", "He immediately fell unconscious.", "P.W.2, was also attacked by unknown persons at the relevant point of time.", "Immediately, P.W.1 was taken to the hospital and thereafter he lodged Ex.", "************* The accused Nos.1 to 4 have come up with this Criminal Appeal challenging their conviction and sentence imposed by the learned Additional District cum Sessions Judge, Fast Track Court, Pudukkottai in S.C.No.7 of 2008 dated 18.02.2008", "2.The trial Court framed charges against the appellants / accused Nos.1 to 4 for the offences under Sections 148, 324, 506(ii) and 452 I.P.C., and Section 3(1) of P.P.D. Act.", "3.The trial Court acquitted the appellants / accused Nos.1 to 4 from the charges framed under Sections 148, 506(ii) and 452 of I.P.C. and Section 3(1) of P.P.D. Act.", "4.The Trial Court convicted the accused and sentenced them, as detailed below:-", "P.1, the report.", "P.W.7, the Sub-Inspector of Police, Thirumayam Police Station, received the report and registered a complaint in Crime No.13 of 2007 for the offences under Sections 147, 323, 427 and 506(i) I.P.C., and went to the place of occurrence, prepared observation mahazar [Ex.P.2] and drawn the rough sketch.", "He also seized material objects from the place of occurrence under Ex.", "P.3, Mahazar.", "In the meanwhile, P.W. 8, the Medical Officer attached to the Government Hospital, Thirumayam, treated P.W.2 and found a cut injury of 1/2 x 1/2 cm in the nose, laceration of 1 x 1/2 x 1/2 cm, below the right eye, contusion in the right eye and tenderness in the teeth and issued Ex.", "P.6, Accident Register of P.W.2, stating that the injuries sustained by P.W.2 are simple in nature.", "5.2.Similarly he has also treated P.W.1 and found 1 x 1/4 x 1/2 cm stab injury on the forehead and issued Ex.", "P.7, Accident Register of P.W.1, stating that the injuries sustained by him are simple in nature.", "P.W.8, also treated P.W.3 and found laceration of 3 x 1/2 x 1 cm in the right hand and issued Ex.", "P.8, Accident Register of P.W.3,http://www.judis.nic.in stating that the injuries are simple in nature.", "5.3.P.W.7, the Sub-Inspector of Police, in continuation of his investigation, on 17.01.2007, arrested accused 7, 8, 10 and 12 and sent them to judicial custody.", "P.W.9, the Inspector of Police, Thirumayam, took up the case for further investigation and finally altered the charges into one under Sections 147, 148, 452, 324 and 506(ii) r/w. 149 I.P.C., and laid a final report against the accused before the learned Additional District cum Sessions Judge, Fast Track Court, Pudukkottai.", "5.4.Based on the above materials, the trial Court framed charges as detailed in the second paragraph of this judgment.", "In order to prove the case, on the side of the prosecution, as many as 9 witnesses were examined as P.Ws.1 to P.W.9, Exs.", "P.1 to Exs.", "P.9 M.Os.1 to 10 were marked.", "5.5.When the accused were questioned under Section 313 of Cr.P.C. with reference to the incriminating materials adduced by the prosecution, they denied their complicity in the crime and pleaded innocence.", "5.6.Totally 12 accused faced various charges.", "The trial Court, after considering the oral and documentary evidence, has found the appellants guilty and accordingly, convicted and sentenced them, as stated supra.", "Aggrieved over the said conviction and sentence,http://www.judis.nic.in the appellants/Accused Nos.1 to 4 have come up with this appeal.", "6.Learned Counsel appearing for the appellants would contend that there is serious contradiction in FIR copy and evidence of P.Ws.1 to 3 and the counter case in Crime No.12 of 2007, registered against the witnesses has not seen the fate of the day.", "Injuries sustained by the accused also have not been explained.", "Evidence of P.W.1 to 3, do not show specific overt act against all the accused.", "Hence, the learned Counsel submitted that the prosecution have not proved the guilt of the accused beyond reasonable doubts.", "7.The learned Additional Public Prosecutor appearing for the respondent contended that the injured P.W.3 has clearly spoken about the role of the accused and the trial Court has rightly appreciated the evidence and convicted the accused.", "Hence, he prays for dismissal of this appeal.", "9.The law was set in motion on the basis of Ex.", "It is the evidence of P.W.1 that on 16.01.2007 at 21.30 hours, while he was celebrating Pongal festival in his village in front of his house, a mobhttp://www.judis.nic.in consisting of 50 persons came and A2 attacked him with iron rod 6 on his head and that he immediately became unconscious.", "P.W.2, has stated that at the time of occurrence, a dusk has been already set in and about eight accused came there, P.W.1 was beaten up by A1 to A3 and P.W.3 was attacked by one Prabakaran and he was cut by the said Prabakaran.", "P.W.1 never whispered about one Arun and Anandhan causing injury to him.", "Whereas P.W.3 in his evidence has stated as if three accused beat P.W.1 with deadly weapons.", "Evidence of P.Ws.1 to 3 also clearly indicate that the witnesses were also arrayed as accused in the counter case.", "But, the particulars of the counter case has not been filed before the trial Court.", "11.Though the medical officer's evidence show that P.Ws. 1 to 3 sustained injuries, the evidence of P.W.1 that he was attacked with iron rod and fell unconscious is doubtful since the medicalhttp://www.judis.nic.in officer has noted only a stab injury.", "The iron rod used normally 7 causes laceration or contusion.", "Further, the prosecution has not placed the genesis of entire evidence.", "The counter case registered against the witnesses has not been investigated by the same investigation officer.", "It is the duty of the investigation officer to investigate the case and counter case on the basis of the occurrence took place at the same time.", "At least, the investigation officer ought to have filed counter case particulars in this case enabling the trial Court to find out who are the aggressors.", "12.In the absence of all the above facts, mainly on the basis of one side version of the prosecution, the prosecution cannot succeed in proving the guilt of the accused.", "Admittedly, as per the evidence of P.W.1, there has been violence and two groups were involved and cases have also been registered against each group.", "Members of each group sustained injuries.", "Bail bond, if any, executed by the appellants / Accused Nos.1 to 4 and the sureties shall stand terminated.", "Fine amount, if any, paid by the appellants / Accused Nos.1 to 4, shall be refunded to him.", "1.The Additional District Judge cum Sessions Judge, Fast Track Court, Pudukkottai.", "2.The Inspector of Police, Thirumayam Police Station.", "3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.", "4.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.", "http://www.judis.nic.in 10 N.SATHISH KUMAR,J.", "MR JUDGMENT MADE IN CRL.A[MD]No.125 of 2008 27.09.2018http://www.judis.nic.in" ]	[ "Section 506 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 427 in The Indian Penal Code" ]
173707254	[ "1. Heard Sri Hanuman Upadhyay, learned counsel for the petitioner and Sri Govind Saran, learned counsel for the respondents.", "In Writ A No. 63734 of 2006 the petitioner No.1 has prayed for following prayers:", "(d) Award costs.\"", "In Writ A No.76120 of 2005 the petitioner no.2 has prayed for following reliefs:-", "(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to reinstate petitioner in the service with effect from the date of dismissal dated 16.2.1990 and pay arrears of salary.", "(iii) issue a writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.", "(iv) award the cost of petition to the petitioner.\"", "Since the facts and circumstances of both the writ petitions are common, the writ petitions are decided by a common judgment.", "The brief facts giving rise to these writ petitions are that Shri Phaya Nath Pandey (petitioner in Writ A No.63734 of 2006) and Shri Dharam Pal (petitioner in Writ A No. 76120 of 2005) were appointed in the years 1966 and 1977 in Railway Protection Force and were registered as Constable Nos. 1670 and No.2492 respectively.", "They were incriminated in Criminal Case No. 49/85 of 1985 under section 120-B read with section 302 of Indian Penal Code and section 27 of the Arms Act. The said case was tried by the Sessions Judge, Begusarai, Bihar vide Sessions Trial No. 476 of 1986, and finally the trial was concluded and petitioners were convicted and sentenced to life imprisonment.", "Thereafter, the petitioners were put under suspension vide order dated 23.12.1989 in terms of Rule 136 (1) (b) of the Railway Protection Force Rules 1987 (hereinafter referred as 'Rules').", "It is apparent from the record that, thereafter, the petitioners had preferred a Criminal Appeal No. 009 of 1990 against the said conviction before the Hon'ble High Court at Patna.", "The said criminal appeal was registered as 009 of 1990 (Phaya Nath Pandey and others Vs.", "State of Bihar).", "The respondent no.3, i.e. Commanding Officer, No.-II Battalion, Railway Protection Force, Gorakhpur, took cognizance of the trial court judgment dated 18.12.1989 and he came to the conclusion that petitioners were not fit to be kept in service, and their presence in service would destroy the discipline of the force and tarnish its image.", "In this view of the matter, the respondent no.3 dismissed the petitioners from service w.e.f. 18.12.1989, as per provisions of Rule 162 (1) and (2).", "The relevant rules is reproduced herein below:-", "\"162.1- The Divisional Security Commissioner or the Commanding Officer shall go through the record of every case brought against an enrolled member of the Force in the court, and shall take departmental cognizance of every Criminal case in which an enrolled member of the Force is convicted or acquitted or discharged (except when the case is false) and record on appropriate order.", "162.2 Effect of imprisonment.-Every enrolled member of the Force punished with imprisonment or released on probation after conviction for an offence implying moral turpitude, such as theft, perjury, rape, or with imprisonment exceeding one month for any other offence or for any matter specified in section 17 shall be proceeded against for dismissal, and shall ordinarily be dismissed from service.\"", "Aggrieved with the dismissal order dated 16.02.1990, the petitioner no.1 has preferred Civil Misc.", "Writ Petition No. 6064 of 1990, before this Hon'ble Court, but during the pendency of the above noted writ petition, the Criminal Appeal No. 099 of 1990, which was filed by the petitioners against the conviction and sentence order dated 18.12.1989, was allowed and the petitioners were acquitted vide order dated 01.10.1997, passed by the Hon'ble Patna High Court.", "For proper adjudication of the present matter it would be appropriate to reproduced the certain paragraphs of the acquittal order dated 01.10.1997:", "There is no eye witness of the alleged occurrence.", "The learned trial court held these appellants guilty on the circumstantial evidence that these appellants were on patrolling duty with the deceased and that being restricted zone, no outsider could go inside the yard and that the conduct of the appellants in saying this case to be a case of suicide when apparently Jagdish Chandra died a homicidal death go to indicate that these appellants were responsible for his death.", "Admittedly this appellants were on patrolling duty inside the yard.", "The yard comprises of a big area.", "Presence of PW.1, railway driver, PW.2 railway guard, PW.3 another railway driver, got to show that besides the members of patrolling party other railway employees could also go inside the yard.", "In the first information report ( Exhibit 6), the informant pointed out towards six circumstances to show that these appellants were responsible or the death of Jagdish Chandra.", "Regarding those six points there is nothing on the record to establish that appellants Mani Ram Yadav, Kabinder Sharma and Lallan Prasad Singh were at 5.30 AM near the place of occurrence or that they denied to have heard any sound of firing.", "Moreover, it is meaningless in view of the statement of PW.1 that shots were fired in between 3.30 AM and 3.45 AM.", "The exist injury was in the abdomen and a lay man may be mistaken to treat it as the wound of entry.", "There is no material on the record to support the sixth point that the appellants wanted to commit theft of articles of wagons and the deceased strongly resisted and for that the appellants killed him.", "Mr. Ashwani Kumar Siongh, learned advocate for the appellants, cited a decision of case of Gautam Maroti Umale Vs.", "State of Maharasthtra, reported at 1994 Suppl.", "(III) SCC 326, where it was held that prosecution must prove each of the circumstances in a case of circumstantial evidence and the circumstances so proved should form a complete chain, inconsistent with innocence of the accused and excluding every other hypothesis, however, remote.", "It was rightly argued by him that the circumstances against the appellants, much less making out a complete chain, have not been brought on record pointing towards the only inference indicating that these appellants alone could be responsible for the death of Jagdish Chandra.", "Apart from the objections raised on behalf of the appellants on the ground of fact that no reliable evidence is on record and that circumstances also do not unfailingly indicate towards the appellants for the commission of the murder of Jagdish Chandra, this case must fail only on legal point also as, admittedly, the first information report of this case was the second first information report about the incident.", "The information given in the earlier first information report was not cryptic and it can not be argued that investigation was not initiated on the basis of that first information report.", "It has been held in Nanavati's Case, reported at AIR 1962 SC 605 that the question whether investigation had commenced or not is a question of fact and it does not depend upon any irregularity committed by the police officer in the matter of recording the first information report.", "Now once it is established that the present first information report, giving rise to trial of this case was the second first information report of the incident, I must say that the very basis of this case was barred under section 162 of the Criminal Procedure Code.", "In the result, these appeals are allowed and the judgment of conviction and order of sentence passed against the appellants are set aside.", "The appellants, who are on bail, are also released from the liabilities of their bail bonds.\"", "Thereafter, the petitioner no.1 had filed supplementary affidavit in pending Writ Petition No. 6064 of 1990, alongwith acquittal order dated 01.10.1997, and finally this Court vide order dated 19.02.2005 had disposed of the said writ petition with following observation:-", "\"By means of the writ petition the petitioner approached this Court for issuing a writ of Certiorari quashing the order dated 16.02.1990 dismissing the petitioner from service.", "It has been stated by the petitioners that the petitioners were dismissed from service only on the ground of pendency of the criminal case.", "The copy of the same have been annexed as Annexure-3 to the writ petition.", "The Patna High Court vide its order dated 15.09.1997 has acquitted the petitioners and the appeal filed on behalf of the petitioners have been allowed / Further case of the petitioner is that on the basis of acquittal by criminal court, the petitioners have submitted an application that as the petitioners have already been acquitted, therefore, the order of dismissal be set aside and the petitioners be reinstated in service.", "The said application has been field by the petitioners on 27.05.2003, copy of which has been filed by petitioners with the supplementary affidavit.", "A counter affidavit has been field by the respondents stating the facts that the copy of the criminal appeal which was submitted by the petitioner was not eligible, therefore, the petitioners were directed to furnish an eligible copy and to appear before the Commanding Officer.", "It has been stated that up till date they have not appeared before the Competent Authority.", "I have heard the learned counsel for the petitioners and Sri Lal Ji Sinha appearing for the respondents.", "Taking into consideration the facts and circumstances of this case, I feel that it will be appropriate that a direction to this effect be issued to respondent to consider the case of the petitioners on the basis of the application which has been filed annexing copy of the High Court Judgment acquitting the petitioners from criminal charges.", "The respondent is directed to pass appropriate order for the purpose of grievance of the petitioner relating to reinstatement in service, preferably within a period of three months from the date of production of a certified copy of this order before him.", "With these observation the writ petition is disposed of.\"", "Again the petitioner no.1 had preferred Civil Misc.", "Writ Petition Nos. 76120 of 2005 (Phaya Ram Vs.", "Union of India and others), and 29472 of 2006 (Dharam Pal Singh vs. Union of India) challenging the order dated 15.07.2005 and 16.02.1990 passed by the respondent no.3 and this Court vide order dated 25.05.2006 had finally disposed of the said writ petitions.", "It would be useful to reproduced the order dated 25.05.2006:-", "\"Heard learned counsel for the petitioner and Sri S.S. Srivastava holding brief of Sri Govind Saran for the respondents.", "The petitioner was convicted by the trial court in a criminal case.", "Keeping in view the provisions indicated herein above, the Respondent No.2 is directed to decide the said petition of the petitioner dated 27.08.2005 which shall again be produced by the petitioner along with a certified copy of this order and the decision shall be rendered as expeditiously as possible preferably within a period of 3 moths from the date of presentation of a certified copy of this order before the said respondent.", "With the aforesaid direction the writ petition is disposed of.\"", "In compliance of the order dated 25.05.2006, passed by this Court, the same was rejected by the respondent no.2, the Inspector General, Railway Protection Special Force, Railway Borad, New Delhi, on 19.09.2006 (Annexure No.6 to the writ petition).", "Once the petitioners were acquitted by the Hon'ble Patna High Court and the respondents had also assailed the said dismissal of the criminal appeal, by means of Special Leave Petition, which was also rejected by the Hon'ble Apex Court, therefore, the petitioners could not be blamed for guilty.", "He further drew the attention of this Court that respondents with malafide intention had deliberately recorded the finding against the petitioners and made certain comments and observation over the judgment passed by Hon'ble Patna High Court.", "The same is impermissible in law, and the authority can not make any observation against the decision made by the High Court.", "He has also placed reliance on the observation, which was made by the respondent no.2, while rejecting the claim of the petitioners, that \"Government Advocate failed to argue the case before Hon'ble Patna High Court and could not place the correct facts and only on this account the petitioners were acquitted from Hon'ble Patna High Court\".", "If at all the order of dismissal dated 16.02.1990 is to be recalled for to meet certain procedural requirement.\"", "He may perhaps not be entitled to be heard on the question of penalty since clause (a) of the second proviso to Article 311(2) makes the provisions of that article inapplicable when a penalty is to be imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge.", "But the right to impose a penalty carries with it the duty to act justly.\"", "Learned counsel for the petitioners submit that since induction in Railway Protection Force, the petitioner's work and conduct was always commendable and at no point of time he had ever been punished by any officer, except the said incident, in which the petitioners have been falsely implicated.", "The integrity and credibility of the petitioners had never been at stack.", "He also placed his reliance that no where in the counter affidavit the department had ever been taken any plea regarding non suitability of a person to be retained in Railway Protection Force.", "On the other hand Sri Govind Saran, learned counsel for the respondents submits that in the present matter the petitioners have not preferred any statutory appeal or revision against the impugned order, therefore, the same may be dismissed on the ground of efficacious alternative remedy.", "Mr. Govind Saran, learned counsel for the respondents further submits that on the date of incidence i.e. 23rd/24th March, 1985 at 11.30 p.m. An Arms party of RPSF 'D' Coy.", "2nd BN consisting of HRK/Jagdish Chandra, RK/Dharam Pal Singh, Phaya Nath Pandey and Bhagwan Dubey reached Garhara yard at 02.10 a.m. and reported for their duty with RPF Mani Ram Yadav, Lallan Prasad Singh and Kavinder Sharma who were on duty at Garhara Yard.", "While all were on duty, at about 05.30 AM.", ", there was sound of firing and Dharam Pal rushed towards the sound but he could not find any thing.", "RPF/Lallan Singh informed him that a jawan of RPSF was lying and then both went to the eastern side and found that Jagdish Chandra was lying by his left hand side and his rifle was lying in his side on the ground and there was bleeding from his abdomen.", "By the time all other said members of RPSF and RPF reached there, a telephonic information was sent to the hospital for ambulance and the injured was brought to the hospital.", "A telephonic message was also sent to Mokama and GRP/Barauni.", "By the time RPSF Company Commander, Shri S.B. Goshwami and Outpost Incharge of Barauni, reached the hospital, Shri Jagdish Chandra had succumbed to the injuries.", "We have heard learned counsel for the appellant and have perused the record.", "Heard the rival submissions of learned counsel for the parties and perused the record.", "In the present matter the petitioners were appointed in the year 1966 and 1977 in Railway Protection Force and a criminal case No. 49 of 1985 was registered against the petitioners and the said case was tried by the Sessions Judge, Begusarai, Bihar vide Sessions Trial No. 76 of 1986, and finally convicted the petitioner.", "Against the said conviction the petitioners had preferred a criminal appeal before the Hon'ble High Court at Patna.", "The petitioners again filed Civil Misc." ]	[ "Section 302 in The Indian Penal Code" ]
173730842	[ "For the reasons stated in the criminal application No. 2903 of 2019 seeking leave to assist the learned A.P.P., the application is allowed in terms of prayer clause \"B\" and disposed of.", "The applicant is seeking Bail in connection with Crime No.162 of 2019 registered with Kinwat Police Station, Taluka Kinwat, District Nanded for the offences punishable under Sections 376(2)(n)(f), 506 r/w 34 of IPC.", "His application with similar prayer bearing Misc.", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "3. Learned counsel for the applicant submits that the present applicant is arrested on 08.07.2019 in connection with the present crime.", "Learned counsel submits that the investigation is over for all practical purposes and the formality of filing charge-sheet is only remained.", "Learned counsel has brought my attention towards Annexure 'C' (Page No.27) of this application.", "Learned counsel submits that the present applicant has filed a complaint in Kinwat Police Station on 28.06.2019, that is much earlier to the registration of present crime, against the father of the informant and her uncle alleging therein that the relations between the husband of the informant and the informant are not cordial and father and uncle of the informant had demanded an amount of Rs.5,00,000/- for giving divorce.", "It has also been specifically stated in the said complaint that in the event, if the said amount of Rs.5,00,000/- is not paid to them, false complaint about the commission of rape would be filed against the applicant.", "Learned counsel for the applicant submits that there are allegations in the complaint to the effect that on 08.07.2018, the present applicant had committed rape on the informant who is daughter-in-law and even thereafter, he has committed rape on her several times.", "It has been also alleged in the complaint that even though informant disclosed the said incident to her husband and mother-in-law, they kept mum by::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 ::: 13-BA-1028.2019.odt -3- telling her that the family would get defame in the society.", "Learned counsel submits that in the backdrop of filing the said complaint on the basis of which NCR No. 180 of 2019 registered with Kinwat Police Station, the applicant has been falsely implicated in connection with the present crime.", "There is an inordinate delay in lodging the complaint for which no explanation has been tendered.", "The applicant is 40 years old.", "The applicant is in jail for considerable period.", "He is easily available for trial.", "The informant at present is staying with her parents.", "There is no question of tampering with the prosecution evidence.", "The applicant may be released on bail.", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "Learned APP assisted by Mrs. Maya R. Jamdhade learned Advocate has strongly resisted the application on the ground that there are severe allegations against the applicant for having committed rape on the informant, who happened to be his daughter-in-law, on various occasions.", "Learned APP has, however, fairly admitted that on 28.06.2019 i.e. prior to the registration of the present crime, the applicant herein has lodged the complaint in Kinwat Police Station alleging therein that the father of the informant and her uncle are demanding Rs.5,00,000/- from him for giving divorce to his son and in the event, if the said demand is not fulfilled, rape case would be filed against the applicant.", "Even in the said complaint, there is a reference about 50% of the amount to be paid in presence of::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 ::: 13-BA-1028.2019.odt -4- the panchas.", "Learned APP submits that during the course of investigation, Investigating Officer has recorded the statement of Members of Jaat Panchayat of Dongergaon Tanda and they have also admitted that both the parties have agreed for settlement and after giving an amount of Rs.5,00,000/-, it is agreed that the divorce would be given to the son of the applicant.", "Learned APP submits that the applicant may not be released on bail.", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "On going through the allegations in the complaint and on perusal of the investigation papers and so also the Annexures of this application, though I find the severity of allegations, in the light of Annexure 'C' (Page No. 27), the Investigating Officer has recorded the statement of certain persons.", "On careful perusal of the said NCR No.180 of 2019, it appears that on 28.06.2019, the applicant has filed a complaint in Kinwat Police Station to the effect that the relations between the son of the applicant and the informant became strained and father and uncle of the informant are demanding Rs.5,00,000/- for giving divorce to his son.", "It has also been alleged in the complaint that the father of the informant and her uncle gave threats to the informant about implicating him falsely under the charge of commission of rape in case their demand is not fulfilled.", "There is also reference in the complaint that in view of the said talks of settlement, the::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 ::: 13-BA-1028.2019.odt -5- applicant has deposited certain amount with Panch Committee of Dongergaon Tanda, however, the father and uncle of the informant have not complied with their part of settlement.", "On perusal of the investigation papers, I find that the Investigating Officer has recorded statement of the Members of Panch Committee.", "Those members have given reference to a meeting arranged for the purpose of divorce between son of the applicant and the informant.", "There is also reference in their statement that the father of the informant has demanded Rs.5,00,000/- for giving divorce to the son of the applicant and even the present applicant has tendered Rs.2.5 lacs with one Chandrasing Badlu Sable (Naik).", "The father of the informant has not fulfilled his promise and therefore, the said amount was returned to the applicant herein.", "In backdrop of this specific investigation, I am inclined to release the applicant on bail with certain conditions.", "Learned counsel appearing for the informant has tried her best to explain about the said statement of the Members of Panch Committee and so also the NC.", "However, it appears that both the parties are residing in Dongergaon Tanda and it is very unlikely that the said Members of Panch Committee are giving false statement.", "Thus, considering the entire aspects of the case, I am inclined to release the applicant on bail with certain conditions.", "Hence, I proceed to pass the following order.", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "The applicant viz. CHANDERSINGH S/O. CHANDU BRADAWAL, in connection with Crime No.162 of 2019 registered with Kinwat Police Station, Taluka Kinwat, District Nanded for the offences punishable under Sections 376(2)(n)(f), 506 r/w 34 of IPC, be released on bail on furnishing P.B. of Rs.15,000/- with one surety of the like amount, on the following conditions;", "(b) The applicant shall attend the concerned Police Station once in a week i.e. on every Sunday between 08.00 am to 11.00 am till filing of the charge-sheet.", "(c) The applicant shall not enter within the limits of Village Dongergaon Tanda, Taluka Kinwat, District Nanded till filing of the charge- sheet.", "The application is accordingly disposed of.", "All these observations are prima facie in nature while disposing of this application and it is for the trial Court to consider the case on its own merits.", "(V. K. JADHAV, J.) Sam..", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::", "::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 02:30:10 :::" ]	[ "Section 376(2) in The Indian Penal Code", "Section 506 in The Indian Penal Code" ]
173734737	[ "The brief case of the prosecution is as follows:-", "The accused and the deceased are the resident of Keezhavalavu villageat Melur.", "PW1 is the wife of the deceased and PW4 is the son of PW1 and the deceased.", "Two days prior to 20.12.2011, the accused cattle grazed thedeceased paddy, which was objected by the deceased.", "Agitated over the same, on 20.12.2011, while the deceased was in his field, the accused hit thedeceased on his chest and face repeatedly with MO1/Axe.", "PW1/wife of the deceased, PW2 and PW3 were eye witnesses to the occurrence.", "The deceased succumbed to injuries.", "PW14, who was the Special Sub Inspector ofPolice at the relevant time, received Ex.", "iii) PW16/The Inspector of Police took up the case for investigationand went to the place of occurrence and prepared observation mahazar/Ex.", "P14 in the presence of PW7 and PW8 and also drawn rough sketch/Ex.", "P15 and conducted inquest over the dead body in the presence of Panchayatdars and prepared inquest report/Ex.", "P16 and gave a requisition to the medical officerto conduct autopsy.", "He also seized blood stained earth and ordinary earth MO6and MO7 respectively under Ex.", "Hyoid normal.", "Pelvis, pericardium normal, heart rightfluid left empty.", "Stomach ? 150ml of partially cooked food particles present.", "No specificsmell.(NC) 15 ml of bite stained fluid present.?", "and issued Ex.", "P9 postmortem certificate stating that the deceased died due tomultiple injuries 4 ? 6 hrs prior to autopsy.", "v) PW15/Scientific Officer in the Forensic Science department examinedthe material objects and issued Ex.", "P12/Chemical Report and Ex.13/Serologist Report.", "PW16 in continuation of the investigation recorded the statement ofwitnesses and on 21.12.2012 at about 9 a.m. arrested the accused in thepresence of witnesses and sent the accused to the judicial custody and alsorecorded the confession and the admissible portion of the confession of theaccused is Ex.", "P7 and seized MO1 under Ex.", "P8 mahazar and finally laid charge sheet as against the accused for offences as stated earlier.", "When the above incriminating materials were put to the accused underSection 313 Cr.P.C. on his side insanity was pleaded.", "(Judgment of the Court was delivered by N.SATHISH KUMAR,J.) Aggrieved over the judgment of the VI Additional District and SessionsJudge, Madurai, dated 11.01.2016, in S.C.No.282 of 2013, the present appealhas been filed.", "The Trial Court convicted the appellant/accused for theoffences punishable under Sections 302 and 341 IPC and sentenced to undergo life imprisonment and imposed fine of Rs.1,000/-, in default, 6 months simpleImprisonment for the offence under Section 302 IPC and imposed fine ofRs.300/-, in default, 2 months Simple Imprisonment for the offence underSection 341 IPC.", "P17 mahazar and examined the witnesses and recorded their statement.", "iv)PW12 the Medical Officer attached to the Melur Government Hospitalconducted autopsy over the dead body of the deceased and found the followinginjuries:", "?Moderately nourished body of a male with fingers and toe nails appearsto be pale in colour.(1) Lacerated over right side face (10x3 cm x deep)extending to right sided eye ball to right sided mandible. (2) Laceratedwound left sided neck extending upto left clavicle 10 x 2 x deep.", "Fractureleft clavicle 2 x 1 cm.", "(3) Lacerated wound over the abdomen 13 x 2 x deep.(4) Lacerated wound left thigh 3 x 3 x 1 cm.", "O/E:Skull fracture.", "Frontal bone present 3 x2x1 cm.", "Haematoma present frontal lobe 3 x 2 cm.", "During trial, on theside of prosecution as many as 16 witnesses were examined and 18 documents were exhibited besides 7 material objects.", "4.On the side of the defence, DW1 and DW2 were examined and two documents were marked.", "Ex.C1 and Ex.", "C2 were marked as Court documents.", "It is the evidence of DW1/Doctor attached to the Prison that when the accused was remanded on 21.12.2011, he was seen with abnormal behaviour and referred to Government Rajiji Hospital, Mdurai for psychiatric treatment.", "Since the feature of schizophreniahas found out by the medical officers, the accused was referred to the MentalHealth Hospital, Chennai.", "As per the orders of the Judicial Magistrate, dated18.01.2012, the accused was referred to Mental Health Hospital, Chennai fortreatment.", "Accordingly, he was treated there from 27.01.2012 to 17.05.2012.Thereafter, also he was given treatment regularly.", "DW2 is the father of the accused.", "The accused was treated formental illness at the Rajaji Government Hospital, Madurai and he wasregularly given treatment for mental problem.", "Even at the time of occurrence,he was not in normal condition and he was in some treatment and he was arrested only from the house.", "It is his further evidence that the accusedanother sister also sufferred serious mental illness at the age of 13 andsubsequently she died.", "Immediately the accused another sister also sufferedsimilar mental problem.", "According to DW2, the family has the history ofmental illness.", "Having considered the above materials, the trial Court held that theaccused failed to establish the fact that at the time of alleged occurrencehe suffered insanity and found the accused guilty as detailed in the firstparagraph of this judgment and accordingly, punished him and that is how theappellant is before this Court with the appeal.", "7. Heard the learned Counsel for the appellant and the learnedAdditional Public Prosecutor for the State and also carefully perused therecords.", "The learned counsel appearing for the appellant submitted that theaccused is suffering from schizophrenia from long back and there is evidenceand also records to show that even in the year 2005, he was treated for suchailment.", "The so called eyewitnesses relied upon by the prosecution alsoclearly established the fact that the accused was suffering from insanity andnot capable of understanding the nature of happenings.", "The Trial Court hasnot considered these aspects and simply placed the burden on the accused to show that he was suffering from insanity on the date of occurrence.", "It is thefurther contention of the appellant that when the accused was arrested andremanded to the judicial custody, in the jail it was found that he wassuffering from serious abnormality and therefore he was referred to RajajiGovernment Hospital, Madurai.", "Thereafter, as per the orders of the JudicialMagistrate, he was treated and doctors found that he was suffering fromfeature of schizophrenia.", "Thereafter he was referred to the Mental HealthHospital at Chennai and taking treatment there as inpatient.", "This aspect hasbeen clearly established not only by the oral evidence of DW1, but also bythe documentary evidence, Ex.C1 and Ex.", "However, the Trial Court has nottaken into consideration these facts.", "It is the further contention of thelearned counsel that the prosecution side evidence clearly shows that theaccused was infact taken from his house and at that time itself he did notshow a symptom of normal human being.", "That being the position, the TrialCourt has failed to appreciate the evidence on record properly.", "PW1 is the wife of the deceased.", "In her evidence he has stated thattwo days prior to the occurrence, the accused in view of some previousquarrel with her husband and himself over the grazing of cattle in the fieldof the deceased, the accused by using MO1/axe cut her husband indiscriminately over the neck and face and other parts of the body.", "It iswell settled that to get the protection of Section 84 of IPC, the burdenalways lies on the accused to establish insanity not only medically but alsolegally.", "Besides the accused family also had a similar historyof mental disorder and insanity issues.", "PW3 another eyewitness has not spoken about the mental condition of the accused.", "In her cross examination she clearly says that the accused wasinfact taken to custody from his house on the same day.", "The evidence of alleyewitnesses in fact clearly falsified the story of the prosecution that theaccused was arrested at later point of time and in pursuance to the same,confession was recorded and MO1 was seized.", "The investigation with regard tothe arrest and recovery is highly doubtful in view of the positive evidenceof all the eyewitnesses that the accused was infact taken from his houseimmediately after the occurrence.", "PW4 is the son of the deceased.", "Therefore, he was kept in the jail.", "Thereafter referred to theMental Health Hospital, Chennai.", "Therefore, it is to noted that PW16 duringinvestigation came to know about the fact that accused was not mentallyalright and was taking treatment.", "However, the parents did not give treatmentparticulars.", "From the evidence of PW16 one thing is very clear that on thedate of remand itself the accused was not alright and he was referred toRajaji Government Hospital and the doctor found he was suffering fromschizophrenia.", "The above document is conveniently burked by the prosecutionfor the reasons best known to them.", "The treatment given for the accused atthe time of remand is also not placed by the prosecution.", "Be that as it may, when the evidence of DW1 when carefully seen,who is none other than the doctor working in the prison.", "According to him,the accused was lodged in the prison as under trial prisoner on 21.12.2011and on the same day he was found with abnormal behaviour and he was referred to the Rajaji Government Hospital, Madurai and as per the orders of thelearned Judicial Magistrate, he was treated as inpatient in the RajajiGovernment Hospital, from 05.01.2012 to 13.01.2012 for observation purposeand the doctors found that the accused has features of schizophrenia.", "Thereafter the accused was referred to the Mental Health hospital, Chennaiand he was admitted and taking treatment from 27.01.2012 to 17.05.2012 asinpatient in the Mental Health Hospital, Chennai.", "Even now the accused hasbeen given treatment in Hospital.", "The father of the accused DW2 also in hisevidence stated that even from the year 2005, the accused was giventreatment.", "Ex.C1 and Ex.", "C2 marked as Court documents.", "Immediately after remand, the Department of Pshychartic, Government Rajaji Hospital, Maduraiafter observing him more than a week found that the accused had features ofschizophrenia, a major type of mental illness.", "At the time of observation itwas found by the doctors that he had an attention impairment, difficulty incomprehending complex comman, irrelevant talk, loosening of association,abnormal thinking, blunted inappropriate mood, impaired abstract thinking andimpairment in judgmental capacity.", "15.The above finding of the Psychiatric clearly shows that infact theaccused had unsound mind and was not capable of knowing neither of the act nor what was he doing either right or contrary to law.", "The doctors alsoopined that details of history of current and past of the accused could notbe obtained.", "There was no reliable information available with him.", "It is tobe noted that according to the prosecution he was arrested on the next dayi.e.", "21.11.2011 whereas the eyewitness version clearly show that on the dateof occurrence, the accused was taken into custody from his house and one ofthe eyewitnesses version also shows that infact the accused was in his housein a senseless manner and taken to the police station.", "He was remanded to thecustody on 21.12.2011 the next day of the alleged occurrence.", "At the time ofremand itself the Judicial Magistrate as per the evidence of PW16 directedthe accused to be examined medically and as per the evidence of DW1, he was also found abnormal behaviour.", "Therefore he was referred to the medicalofficer, Psychiatric, Rajaji Hospital Madurai.", "C1 clearly show thatinfact, the accused has a feature of schizophrenia a type of major mentalillness and there is also evidence to show that he was in continuoustreatment in the Mental Health Hospital Chennai.", "On the discharge certificateissued by the Institute of Mental Health Hospital at Chennai, also shows thatthe accused was admitted in the Mental Health Hospital as inpatient on27.01.2012 and taking treatment till 30.04.2012 and he has also been giventreatment in the Madurai Rajaji Government Hospital.", "These facts also clearly showsthat the accused was in fact, treated in the hospital for unsound mind andschizophrenia.", "Then the burden shift on the prosecution to showthat the accused did not have any such mental disorder on the date ofoccurrence.", "The prosecution for the reasons best known to them not adduced any evidence on their side by not even examining the medical officer whotreated the accused for mental disorder.", "At any event the evidence adduced onthe side of the accused and the particulars available on the prosecution sideclinchingly establish the fact that infact the accused was an insane personat the relevant time and he was not capable of understanding the nature ofthing.", "Fine amount if any paid by the appellant shall be refunded.", "Now it appears that the appellant after taking treatment in theMental Health Hospital, Chennai, again lodged into the prison.", "To satisfyourselves we also directed the Prison Medical Officer to examine theappellant to give a status report whether the appellant has completelyrecovered from the mental disorder and whether he can be set at liberty.", "TheMedical Officer opined that from 27.06.2012, the patient conscious, sleepadequate and no delusion and Hallucination.", "In view of the same, the jailauthorities are directed to set the appellant at liberty forthwith, if he isnot required in connection with any other case or proceedings and the parentsof the appellant shall monitor and take care of him and not to allow him tocause any injury to 3rd parties.", "To1 The VI Additional District and Sessions Judge, Madurai", "2.The Inspector of Police,Kezhavalavu Police Station,Keezhavalavu, Madurai District,", "3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai." ]	[ "Section 302 in The Indian Penal Code", "Section 341 in The Indian Penal Code" ]
1737363	[ "Lekhram (PW-2) and Gopal (hereinafter referred to as'the deceased') were sons of Ramlal (PW-1).", "Accused GapooYadav is the father of accused Janku, Kewal and MangalSingh.", "Accused Sunder is the nephew of accused Gapoo.", "J U D G M E N T(Arising out of SLP (CRL.) NO.4782/2002)ARIJIT PASAYAT J.", "Leave granted.", "Appellants (hereinafter referred to as 'the accused' bytheir respective names) question legality of the judgment ofthe Madhya Pradesh High Court dated 18.4.2001, upholdingtheir conviction for offences punishable under Sections 148and 302 read with Section 149 of the Indian Penal Code, 1860(in short 'the IPC') and the sentence of rigorousimprisonment for three years and fine of Rs.2,000/- withdefault stipulation, and imprisonment for life and fine ofRs.5,000/- with default stipulation respectively.", "Factual scenario as described by the prosecution isessentially as follows:", "Deceased, the witnesses and the accused belonged to the samevillage and there was land dispute between them.", "On therequest made by Ramlal (PW-1), measurement of the land wasdone by the revenue authority.", "On the basis of the saidmeasurement, it was found that land belonging to accusedMangal Singh was in the possession of Ramlal (PW-1) andover the said land a berry tree existed.", "Though, initiallythe tree was in possession of Ramlal, after measurement heparted with possession thereof.", "Said tree was cut by thefamily members of Ramlal (PW-1) a day prior to the incidentfor which deceased had altercation with the accused persons.", "On the date of incident i.e. 9.6.1986 there werealtercations between the accused persons and the deceased,his brother Lekhram and father Ramlal.", "Accused Jankuenquired from the deceased as to why they were cutting thetree.", "Lekhram responded that it was cut three days prior tothe incident as the tree belonged to them and was planted bytheir family members.", "Deceased claimed that he had not cutthe tree.", "This led to altercations and scuffles amongstthem and the accused persons assaulted deceased, whichresulted a fracture of his leg.", "When Ramlal and Lekhram wentto save him, the accused persons ran towards themthreateningly.", "Ramlal and Lekhram fled away from the placeof incident, and returned later on with the other villagers.", "They took the deceased who was then grasping for breath on acot to Maharajpur Police Station.", "Information was given bythe deceased to the police at 8.45 p.m. He was sent fortreatment and was examined by Dr. R.K. Chaturvedi (PW-3).", "Onexamination he found 7 injuries on his body.", "His dyingdeclaration was recorded.", "Later on, deceased took his lastbreath on 10.6.1986 at 2.00 a.m. Dr. Chaturvedi sent theintimation of death to the Police Station.", "Though initiallycase was registered under Section 307 IPC, same wasconverted to one under Section 302 IPC.", "Port mortem wasconducted by Dr. D.N. Adhikari (PW-6).", "Investigation wasundertaken and on completion thereof charge sheet was filedindicating alleged commission of offences punishable underSections 147, 148 and 302 read with Section 149 IPC.", "Thecase was committed to the Court of Sessions, and finallycharges were framed under Sections 148 and 302 read withSection 149 IPC.", "Accused persons pleaded innocence and claimed falseimplication.", "On consideration of the evidence on record, the TrialCourt found that the accused persons were guilty andaccordingly convicted and sentenced them as aforenoted.", "Itis to be noted that apart from the evidence of the two eye-witnesses, reliance was also placed on the dying declaration(Ex.P-1) recorded by Dr. Chaturvedi (PW-3).", "In appeal, theconviction and consequential sentences imposed were upheld.", "Though, in support of the appeal learned counsel forthe appellants attacked the findings recorded, ultimately heconfined his arguments to the question relating to nature ofthe offence.", "The assaults were made atrandom.", "Even the previous altercations were verbal and notphysicals." ]	[ "Section 302 in The Indian Penal Code", "Section 300 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 147 in The Indian Penal Code" ]
142653930	[ "FIR was registered on the complaint of PW1, who was working as Junior Engineer with Municipal Corporation of Delhi at the relevant time.", "He alleged in the FIR that on 23rd July, 2003 he went to the office of the CRLA 157/2011 Page 3 of 6 Municipal Councillor (respondent), situated at Gali No. 32, Tuglakabad Extension along with his Assistant Shri Ravi Dutt at 12:30 PM to discuss some complaint.", "After he reached in the office, he was welcomed and the respondent discussed the matter with him.", "6-7 persons were present in the office of the Councillor.", "In the FIR, complainant has stated that Ravi Dutt took him to the hospital.", "However, it has not been mentioned in the MLC that complainant was admitted by Ravi Dutt, inasmuch as DD No. 17-A (Ex. PW7/A) dated 23rd July, 2003 shows that complainant had himself gone to the hospital.", "In the MLC, history has been given as \"assault at about 2:50 PM following which he developed inability to hear in his left ear.", "Since 14th April, 2015 was declared holiday, matter is taken up today.", "Appellant has filed this appeal against the acquittal of respondent by the trial court for the offences under Sections 186/353/333 IPC.", "Thereafter, respondent took him to another room and demanded `1,00,000/- and when he refused, respondent slapped him resulting in grievous injuries in his ear.", "He was taken to All India Institute of Medical Sciences (AIIMS) by Ravi Dutt.", "CRLA 157/2011 Page 3 of 6", "He has not supported the version of PW1 at all.", "He has denied that respondent had slapped PW1 in his presence.", "PW2 has deposed that on 23rd July, 2003 he along with PW1 Shri K.L. Juneja went to the office of respondent at Tuglakabad Extension in respect of some complaint.", "He claims that nothing had happened in the office of respondent, in his presence.", "However, this version has remained uncorroborated.", "Thus, testimony of PW1 has to be scrutinized with care and caution.", "In the FIR, PW1 did not state that PW2 had accompanied him to the room where respondent had taken him and demanded `1 lac.", "However, CRLA 157/2011 Page 4 of 6 while deposing in Court he has stated that he went in that room along with Ravi Dutt.", "In the FIR, PW1 has stated that respondent demanded `1,00,000/-.", "However, while deposing in Court he has stated that respondent asked him to bear his expenses.", "According to the FIR, PW1 had reached the office of respondent at about 12:30 PM and thereafter discussions took place, wherein respondent slapped him and immediately thereafter Ravi Dutt removed him to AIIMS; meaning thereby the incident had taken place immediately after 12:30 PM.", "However, complainant reached AIIMS at 2:50 PM.", "himself, as has been recorded in the DD No.17A (Ex.PW7/A).", "In his deposition, PW1 has claimed that he remained hospitalized for five days.", "However, as per PW7 SI Brij Kishore, he prepared site plan Ex. PW7/C on 25th July, 2003 at the instance of complainant.", "CRLA 157/2011 Page 4 of 6", "The discrepancies noted above makes the statement of PW1 unreliable and has rightly not been accepted by the trial court to be trustworthy so as to prove the prosecution story beyond shadow of reasonable doubt.", "For the foregoing reasons, appeal is dismissed." ]	[ "Section 353 in The Indian Penal Code", "Section 186 in The Indian Penal Code" ]
1426762	[ "The prosecution case which has given rise to these appeals is as follows.", "In the village of Kakrala, police station Khatauli, District Muzaffarnagar, there were two incidents at about the same time, viz., 7 o'clock in the morning of the 16th May, 1949, one at a spot called Milakwala well and the other at a place called Dhakolas.", "At the Milakwala well incident one Jiraj was murdered and at the Dhakolas incident one Indraj was murdered.", "These two murdered persons were brothers and the sons of Chandan, who gave the First Information Report.", "It would appear that the two murdered persons as well as the three appellants are all related to each other as decendants from a common ancestor through different branches and that there were serious disputes between them relating to partition of certain properties.", "The specific case of the prosecution with reference to the incidents which brought about the death of the two persons, Jiraj and Indraj, was that on the morning of the 16th May, 1949, at about 7 A. M. the three appellants of whom Bhopal and Sheoraj were brothers and Kripal their cousin, were working in a field in which was situated a well called Milakwala well.", "The deceased Jiraj had a field somewhat lower down the Milakwala well where sugarcane was grown.", "For that morning's work of digging canes from the field, he had fixed up two labourers by name Man Singh and Sher Singh.", "All the three of them were proceeding towards Jiraj's field, the two labourers being somewhat ahead of Jiraj.", "On their way the two labourers had to pass by the side of the Milakwala well where the three appellants were working.", "They were accosted by the accused and on getting to know that they were going to work for Jiraj in his field lower down, they abused them and told them not to go there but to work for themselves.", "The two labourers proceeded forward without heeding them.", "When they had gone about 30 or 40 paces, the three appellants rushed at them and began to beat them with the handles of spears which were in the hands of Bhopal and Kripal and with a lathi which was in the hand of Sheoraj.", "Meanwhile Jiraj arrived at the spot and asked the appellants why they were beating his labourers and stopped them from beating them.", "Thereupon the three appellants attacked Jiraj, as a result of which he fell down and died on the spot.", "The labourers, Man Singh and Sher Singh ran to the help of Jiraj and they were further assaulted by the appellants who resisted the assault on themselves with lathis.", "Meanwhile one Ram Chandra, brother-in-law of the two labourers, who was also coming somewhat behind to join in the labour, came near the Milakwala well and saw the occurrence and becoming afraid ran back to the village.", "He was chased by two of the appellants, viz. Bhopal and Sheoraj.", "JUDGMENT Jagannadhadas J.", "These two appeals are against a judgment of the High Court of Allahabad dated the 8th May, 1953, and arise out of a trial before the Sessions Judge of Muzaffarnagar of the three appellants herein along with ten others in respect of charges under Section 148, and Sections 302 as well as 323 read with 149 of the Indian Penal Code.", "The Sessions Judge acquitted these ten persons of all the charges.", "But so far as the three appellants are concerned, though acquitted in respect of the charge under Section 302, I.P.C., they were convicted under Section 304(1) as well as under Section 323, I. P. C. read with Section 34, I.P.C.", "The three appellants filed appeals to the High Court in respect of their convictions and sentences, while the State filed an appeal as against these three appellants alone in respect of their acquittal under Section 302, I.P.C. In the High Court, the appeal filed by the three appellants was dismissed but on the appeal filed by the State, the acquittal of these three appellants under Section 302, I.P.C. was set aside and they were convicted of the said offence.", "The two appellants in Cr. A. 37 of 1953 were sentenced to death while the appellant in Cr. A. 77 of 1953 was sentenced to transportation for life.", "So far as the appellants in Cr. A. 37 of 1953 are concerned, the appeal to this Court is under Article 134(1)(a) of the Constitution which provides for a right of appeal from a judgment of a High Court in criminal proceedings where, on appeal, the High Court reverses an order of acquittal and sentences an accused to death.", "So far as the appellant in Cr. A. 77 of 1953 is concerned, his appeal which arises out of the same judgment is before us on special leave granted under Article 136 of the Constitution.", "Another, Bhanwar Singh, who was also going to the field of Jiraj, saw Jiraj being attacked by the three appellants and ran back to the village and informed certain persons in the village about the occurrence.", "Meanwhile, the two accused Bhopal and Sheoraj in the course of their chase of Ram Chandra, encountered Indraj in the place known as Dhakolas on the way from the Milakwala well to the village, about a furlong and a half away from the Milakwala well.", "At that place all the three appellants as also ten other persons who were there, armed with lathies and spears attacked Indraj and some other persons on his side, who by that time had come running up to the place from the village on receiving information.", "At that encounter Indraj and four others received injuries.", "Injuries on Indraj were serious and within the course of a short time he died.", "Thus according to the prosecution case there were two incidents, one at Milakwala well and another at Dhakolas.", "In the first incident, only the three appellants participated, while in the second these three along with ten others participated.", "At the first occurrence Jiraj died, while the two labourers Man Singh and Sher Singh received some injuries.", "At the second Indraj received mortal injuries and four others viz. Tulshi, Munshi, Bhanwar Singh and Lal Singh, received minor injuries.", "The prosecution treated both these incidents as forming one transaction and placed all the 13 accused, together, on joint trial in respect of the two charges, the first being a charge under Section 148, I.P.C. and the second a charge under Sections 302 and 323 taken with 149, I.P.C. both the charges being against all the 13 persons.", "As regards the incident at the Dhakolas, the learned Sessions Judge considered that the evidence bearing on the same was not satisfactory.", "He accordingly acquitted the ten persons who concerned solely with that incident.", "He accepted the prosecution evidence in so far as it relates to the incident at Milakwala well and convicted all the three present appellants as being concerned therein.", "As already stated he considered all of them guilty only under Section 304, I.P.C. read with Section 34, I.P.C. and not under Section 302, I.P.C. and sentenced them as already above stated.", "The prosecution case in so far as Milakwala well is concerned is supported not only by the evidence of the two witnesses Man Singh and Sher Singh who were going to the field of Jiraj for working therein and were beaten, but also by the evidence of five other persons who were in the fields nearby and happened to see the occurrence.", "The defence of the appellant Kripal was that he was not at the scene of occurrence but at a different village to which he had gone.", "He examined two witnesses in support of that defence.", "Appellants Bhopal and Sheoraj admitted their presence at the occurrence but their case was that there were no two different incidents at two places as put forward by the prosecution, but there was only one incident.", "According to them they were both working at the Milakwala well in the company of a Tilak Brahmin, when, the two deceased persons along with 8 others, (i. e. ten out of the 13 original accused in this case) came to the spot armed with lathis and spears and challenged them for a fight.", "They were themselves merely acting in self-defence as against the aggressive attack of the prosecution party and in course of this scuffle both Jiraj and Indraj received fatal injuries from the members of their own party.", "Both the Courts below accepted the prosecution evidence so far as this incident is concerned and rejected the defence as not having been made out and indeed as being false.", "Learned counsel for the appellants argued before us that the evidence of the prosecution witnesses is unreliable and not safe enough to support the convictions of these appellants.", "For this purpose he took us through the evidence of all the relevant eye-witnesses and pointed out, what according to him, were serious contradictions and omissions in the statements made by them under Section 162, Cr. P. C. This portion of the prosecution evidence, however, has been concurrently accepted by both the Courts below and we have been shown no sufficient reason to differ from them in their estimate thereof.", "The main stress of the learned counsel's argument was that the prosecution case ascribing the murder of Indraj to a different incident at a place called Dhakolas one and a half furlongs away from Milakwala well was a false and deliberate shifting, in order to handicap the appellants with reference to their case of private defence.", "It is urged that, if as was claimed, ten out of the 13 persons who were originally put up for trial were in fact participants in the incident at the Milakwala well, then the defence of two of the present appellants that they were acting only in the right of private defence and that the two brothers, Jiraj and Indraj, died only as a result of the accidental hits received from the members of their own group would become probable and that, therefore, the prosecution evidence relating to the Milakwala well incident which suppresses such a vital part thereof is open to grave suspicion and must be rejected.", "In support of this suggestion reliance has been placed on the First Information Report given in the case by Chandan, the father of the two deceased persons and also on the dying declaration given by the deceased Indraj.", "But neither are their contents inconsistent with the occurrence of two separate incidents.", "However that may be, and whether or not the incidents took place only at Milakwala well or at any other place also, the entire probabilities of the situation and a comparison of the injuries received on both sides render the defence improbable.", "On the theory put forward in the defence, the three appellants had to face a group of at least eight persons i. e. two deceased brothers, as well as six others who have received injuries.", "But it is the group with the larger number of persons which was worsted with two deaths out of them, while on the side of the accused only two had received very minor injuries as the medical certificates disclose.", "Not only is this unlikely but there is no foundation at all in the evidence by way of any recent provocative cause for the likelihood of so many as eight persons on the prosecution side gathering that morning near about Milakwala well for the purpose of attacking these three appellants.", "We have, therefore, no hesitation in coming to the conclusion that the concurrent findings of both the Courts below as to what happened at the Milakwala well must be accepted and that the defence must be rejected as false.", "The question, however, remains as to which of these three appellants are guilty and what offence has been committed by each.", "The learned Sessions Judge while holding all the three appellants responsible for causing the death of Jiraj was of the opinion that they could be found guilty only under Section 304, I.P.C. taken with Section 34, I.P.C. on the ground that there is no evidence of any preconcerted or predetermined plan to kill the deceased Jiraj and that the blows were inflicted by the appellants in the course of a sudden fight in the heat of passion without having taken undue advantage or acted in a cruel or unusual manner.", "The learned Judges of the High Court quite rightly pointed out that a preconcert in the sense of a distinct previous plan is not necessary to be proved.", "The common intention to bring about a particular result may well develop on the spot as between a number of persons, with reference to the facts of the case and circumstances of the situation.", "Whether in a proved situation all the individuals concerned therein have developed only simultaneous and independent intentions or whether a simultaneous concensus of their minds to bring about a particular result can be said to have been developed and thereby intended by all of them, is a question that has to be determined on the facts.", "The evidence of all the eyewitnesses relating to this incident has been summarised by the High Court in its judgment as follows:", "\"The three appellants were working the well (Milakwala well) that morning.", "When they saw Man Singh and Sher Singh going past the well they asked them where they were going.", "On being told that they were going to harvest Jiraj's sugarcane field they abused them and told them not to go there but to work for them.", "Man Singh and Sher Singh did not listen to them and walked on.", "When they had gone 30-40 paces, the three appellants rushed at them and began to beat them with the handles of spears which were in the hands of Bhopal and Kripal and with a lathi which was in Sheoraj's hand.", "Jiraj arrived at the spot and asked the appellants why they were beating his labourers and stopped them from beating them.", "Sheoraj hit him on the legs with his lathi and he fell down.", "Kripal stabbed him with his spear near the ear.", "Bhopal then stabbed him with his spear on the left jaw, put his legs on his chest and extracted the spear blade from his jaw.", "Just as the blade came off, Jiraj died\".", "Then, as regards the deceased Jiraj, the first assault was by Sheoraj with his lathi on the legs as a result of which he fell down.", "The second was by Kripal on his ear with the spear in his hands and the third was by Bhopal on his left jaw with the spear in his hands.", "But it is in evidence that Bhopal placed his legs on the chest of the deceased and extracted the spear blade from his jaw and that just as the blade came out, Jiraj died.", "The post-mortem certificate relating to the dead body of Jiraj shows that there were only two injuries on his body.", "One is a penetrating wound 2 3/4\" broad and 1 1/2\" long penetrating the mouth cutting through the left jaw and the second is a punctured wound 1/2\" in diameter 1/2\" above the left ear.", "It is in the evidence of the Doctor that wound No. 1 extended through the skull cavity and mouth and that it had wounded the membrane of the brain also and that the cause of the death was the non-functioning of the brain due to injury to the brain.", "Having regard to the nature of that injury, there can be no doubt that this injury must have been caused by the stab with the spear on the left jaw of the lying man, inflicted by the appellant Bhopal.", "The second injury which appears only to be a punctured wound (without any penetration) appears to be fairly a simple one and is obviously the injury which must have resulted from the assault by the appellant Kripal with the spear in his hand near the ear of the deceased.", "The lathi blow said to have been given by Sheoraj has apparently produced no visible injury.", "Now having regard to the sequence of the assaults, the parts of the body on which the assaults by Kripal and Sheoraj were aimed and the actual result of these assaults as above indicated, it is difficult to attribute to either of them any intention to kill the deceased.", "Nor is it reasonable to suppose that on the spur of the moment the common intention of the three appellants which was at first merely to beat the two labourers developed suddenly into a common intention 'to kill' Jiraj when he intervened in the altercation.", "We are, therefore, unable to uphold the view taken by the High Court that any common intention to kill the deceased can be attributed to the three appellants.", "The appellant's act may probably be said not to be premeditated in the sense that he preplanned or lay in wait to get an opportunity to kill the deceased Jiraj.", "But it is obvious that when he found him in a fallen and helpless position lying on the ground, he must have been actuated by the pre-existing enmity to finish the man." ]	[ "Section 302 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 326 in The Indian Penal Code" ]
83822616	[ "1 0 1 C.R.M. 5586 of 2020 with CRAN 3944 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bolpur P.S Case No. 50 of 2020 dated 14.02.2020 under Sections 376AB/506(2)/109 of the Indian Penal Code read with Sections 4/6/8/12 of the Protection of Children from Sexual Offences Act.", "And In the matter of: Sk.", "Subject to such undertaking, the application is taken up.", "The application being CRAN 3944 of 2020 is accordingly allowed.", "Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local to the satisfaction of the learned C.J.M, Birbhum and on condition that he shall be present in all dates of trial of the case, failing which the order of bail will automatically be cancelled without any further reference to this Court.", "CRM 5586 of 2020 is thus disposed of.", "(Samapti Chatterjee, J.) (Bibek Chaudhuri, J.)" ]	[ "Section 109 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 164 in The Indian Penal Code" ]
838245	[ "Brief facts giving rise to these appeals are as under;", "On 21.6.2002 complainant, Smt. Banas, wife of late Kamal Singh resident of village Khwajpur, police station Aurangabad, District Bulandshahr was sleeping in her house along with other family members.", "Her son Gopal and his wife Vimla were sleeping on the roof, while the younger son Krishnapal Singh and son-in-law, Harikishan Singh were sleeping on separate cots in the courtyard of the house.", "The complainant herself, her daughter Chandra and daughter-in-law Malvati were also sleeping in the courtyard along with children.", "A lantern was burning in the thatch.", "At about 2.00 A.M. on 22.6.02, accused Devendra, Sundar, Rajendra Singh, Chandrapal, Naresh son of Veer Singh, Kurri son of Karan, Chandrapal and Veer Singh entered into the 'Gher' of the house.", "Due to noise, the complainant and her daughter, Chandra and daughter-in-law Malvati got up.", "They raised alarm at which Chandrapal and Veer Singh exhorted the other accused to kill the inmates of the house.", "Accused Sundar and Kurri climbed upon the roof and committed murder of Gopal with Dab ( a sharp edged weapon) by cutting his neck.", "Accused Naresh and Devendra committed murder of Krishnapal by causing injuries on the neck and hand with dabs.", "After commuting murder of Gopal, Sundar and Kurri came on the ground floor.", "Accused Narendra and Rajendra assaulted Harkishan with dabs in their hands and caused injuries on his neck.", "When Chandra came for the rescue of her husband, she was also assaulted by Sundar with Dab.", "The complainant and others raised hue and cry and tried to apprehend the accused at which accused Sundar took out a Tamancha from his pocket and fired upon the complainant in order to kill her but any how, the complainant had a narrow escape and the pellets hit her daughter Chandra.", "After committing occurrence, the accused persons ran away in the jungle towards the west of the house by giving threats to kill the whole family.", "The complainant sent her injured son-in-law, Harikrishna to the hospital, Bulandshahr by the jeep of Mukesh Singh, Pradhan of her village and got the report of the incident written by Dr. Ram Singh.", "On the basis of this report chick FIR was lodged at police station Aurangabad on 22.6.02 at about 2.50 AM at crime No. 205/02 under Sections 147, 148, 149, 302, 307, 504, 506 and 457, IPC.", "The then S.O. Aurangabad, S.I., B.P. Singh was present at the time when the case was registered at the police station at G.D. No. 5 on 22.6.2002 at 2.50 AM and he himself took the charge of investigation in his hand.", "He came on the spot and prepared site plan of the place of occurrence.", "He also got prepared the panchayatnamas and other relevant papers of the deceased Gopal and Krishnapal under his supervision.", "He collected blood stained and plain earth and also collected the blood stained dari and banyan of deceased Krishnapal.", "He also took the possession of blood stained mattress and pieces of floor from the place where Gopal was murdered.", "The blood stained earth and bed sheet was also taken in his possession by the I.O. from the place where Harikrishna was sleeping on the cot.", "Harikishan also died later on, whose inquest report and other connected papers were prepared in district hospital, Bulandshahr on the instruction of S.O., B.P. Singh.", "Accused Rajendra and Kurri were arrested by the I.O. on 22.6.2006 and on their pointing out two dabs were recovered on the same day at 7.15 PM.", "The I.O. recorded the statements of eye witnesses of occurrence and also of other witnesses.", "Later on, the charge of investigation was taken up by S.O. Jogendra Singh of police station Aurangabad on the transfer of S.O. B.P. Singh.", "In the internal examination the neck bone was found cut.", "Great vessels of the neck, trachea and vertebrae were also found cut.", "The heart and stomach were empty.", "In the opinion of the doctor, cause of death was shock and haemorrhage due to ante mortem injuries.", "The autopsy on the dead body of Gopal was conducted by Dr. Rajiv Kumar Gupta on 22.6.2002 at 2.30 PM at mortuary Bulandshahr.", "In the internal examination neck bone, Right Pleura and right lung were found cut.", "The heart was empty.", "In the doctor's opinion the cause of death was shock and haemorrhage due to the ante mortem injuries.", "Autopsy on the dead body of Krishna Pal Singh was also done by the same doctor on 22.6.2006 at 3.00 PM.", "The deceased was about 25 years of age.", "He was an average built man.", "About half day had passed since the time of his death.", "Rigor mortis was present all over the body.", "JUDGMENT A.K. Roopanwal, J.", "Both these criminal appeals have been filed against the judgment and order of conviction recorded by the learned IInd Additional District and Sessions Judge, Court No. 2, Bulandshahr in Sessions Trial No. 1140 /02, State v. Devendra and Ors.", "under Sections 148, 302/149, 324/149 and 457 IPC, Police Station Aurangabad, District Bulandshahar and Sessions trial No. 1424/02, State v. Sundar under Section 25-A of the Arms Act, police station Sikandarabad, District Bulandshahar by which the accused appellants Devendra, Sundar, Naresh alias Lavesh, Kurri alias Kiran, Veer Singh and Chandrapal were found guilty of the offences punishable under Sections 148, 302/149, 324/149, IPC and Section 457, IPC.", "Accused Sundar was further found guilty for the offence punishable under Section 25 of the Arms Act and accused Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran were sentenced to death for offences punishable under Section 302, IPC read with Section 149, IPC and accused Veer Singh and Chandrapal were sentenced to life imprisonment and a fine of Rs. 5,000/ and in default of payment of fine, further imprisonment for one year for the offence punishable under Section 302, IPC read with Section 149, IPC.", "All the accused appellants were also sentenced to one year R.I. under Section 148 IPC, one year R.I. under Section 324, IPC read with Section 149 IPC and two year R.I. and a fine of Rs. 1,000/- under Section 457, IPC and in default of payment of fine further imprisonment for six months.", "The accused Sunder was also sentenced to one year R.I. for the offence punishable under Section 25 of the Arms Act.", "Criminal reference is for the confirmation of death sentence of the appellants Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran.", "This I.O. recovered the weapons of assault on the pointing out of accused Devendra, Sundar and Naresh.", "After concluding the investigation the charge sheet under Sections 147, 148, 149, 302, 307, 504, 506 and 457 IPC was submitted against the accused appellants along with one Rajendra by the S.O. Jogendra Singh.", "The charge sheet under Section 25 of the Arms Act against Sundar was submitted by head constable, R.P. Sharma.", "The case of Rajendra was separated as he was a juvenile.", "The autopsy on the dead body of Han Kishan Singh was conducted by Dr. Rajiv Kumar Gupta on 22.6.2002 at 4.30 PM at - mortuary, Bulandshahr.", "The deceased was about 35 years of age and was of average built.", "About half day had passed since the time of death.", "The following ante mortem injuries were found on the person of the deceased.", "Incised wound 6 cm x 4 cm x Vertebrae deep on front and left side neck middle.", "Trachea and great vessels of neck cut.", "Incised wound 3 cm x 1 cm x muscle deep on left side neck lower part.", "Incised wound 10 cm x 2 cm x muscle deep left side upper chest.", "Incised wound 10 cm x 4 cm x muscle deep on back of left shoulder", "Incised wound 5 cm x 2 cm x muscle deep on outer aspect of left upper arm", "Incised wound 4 cm x 2 cm x muscle deep dorsal aspect of left forearm middle.", "Incised wound 3 cm x 1 cm x bone deep on left hand, 2 cm below left wrist.", "The deceased was about 30 years of age.", "Half day had passed since the time of death.", "Rigor mortis was present all over the body.", "The following ante mortem injuries were found on the person of the deceased.", "Total amputation of the neck from middle, only skin tag ( behind the neck) intact.", "Vertebra, Trachea and great vessels cut under injury.", "Incised wound 4 cm x 1 cm x bone deep left chin.", "Left mandible cut present.", "Incised wound 4 cm x 2 cm x right plural cavity deep on right lateral part of the chest 5 inch from right Axilla.", "The following ante mortem injuries were found on the person of the deceased.", "Near total amputation of left hand 1 1/2 cm above left wrist joint only skin tag present on left redial side of left hand.", "All bones of left hand cut.", "Incised wound 5 cm x 3 cm x vertebrae deep on front of neck middle, trachea and great vessels found cut under injury.", "In the internal examination trachea and vessels of the neck were found cut.", "Heart was empty.", "In the opinion of the doctor, death had occurred due to shock and haemorrhage as a result of ante mortem injuries.", "The injuries of Smt. Chandra were examined by doctor M.B. Gupta on 22.6.02 at 7.30 PM.", "The following injuries were found on her body.", "Deep abrasion with contusion size 3 cm x 2 1/2 cm at Left side of face 1/2 cm below Left, Lower lid, painful swelling present", "Deep abrasion with contusion sized 2 cm x 2 cm at upper left side nasal 3 cm below the nasal tip painful swelling present.", "Clean lacerated wound size 1 1/2 cm x 1/2 cm muscle deep at base of left thumb, painful swelling.", "Contusion size 5 cm x 3 cm at Lat.", "Dorsal side of left wrist joint, painful swelling present.", "Deep abrasion size 4 1/2 cm x 2 1/2 cm at medial side lower end of left hand painful swelling present.", "Deep abrasion size 1 cm x 1 cm with contusion 5 cm x 4 cm at Ant.", "Part of upper part of right arm 6 cm lat to clavicular joint, painful swelling.", "All the injuries were inflicted by hard blunt object and friction against rough surface and were fresh at the time of examination.", "The doctor has stated that these could be inflicted if the blunt part of the dab comes in contact with the body of the injured.", "The accused appellants were charged under Sections 148 IPC, 302 read with Section 149 IPC, 307 read with Section 149 IPC and Section 457 IPC and Sundar was further charged under Section 25 of the Arms Act by the then Additional and Sessions Judge, Court No. 9, Bulandshahr.", "They denied the charges levelled against them and claimed to be tried.", "Prosecution in order to prove the charges, examined PW-1 Banas, PW-2 Chandra, PW-3 Vimala, PW-4 Dr. Rajiv Kumar Gupta, PW-5 head constable Indrapal Singh, P.W. 6 S.I. B.P. Singh, PW-7 constable, Kripal Singh, PW-8, S.I. Faggan Singh, PW-9 S.I. Rajendra Prasad Sharma and PW-10 Dr. S.B. Gupta.", "The statements of the accused were recorded under Section 313 Cr.P.C. in which they denied from the prosecution case and also stated that they had no enmity with the complainant.", "It was also stated by them that they have been implicated by the complainant with the consultation of Bal Mukund and Gangadas with whom the appellants had an old litigation.", "The accused persons examined PW 11 Dr. Ram Singh in their defence.", "Out of witnesses examined by the prosecution, PW-1 Banas, PW-2 Chanda and PW-3 Vimla are the so called eye witnesses of the alleged occurrence.", "PW-4 Dr. Gupta is the person who had conducted the autopsy on the dead bodies of the deceased.", "PW-5 is the scribe of the chick FIR and GD of the registration of the case.", "of the case under Section 25 of the Arms Act against appellant Sundar and PW-10 Dr. Gupta is the doctor who examined the injuries of Smt. Chandra, the injured.", "DW-1 Ram Singh was produced by the accused to show that the report exhibit ka-1 was written by him at the police station on 22.6.2002 on the dictation of Police Inspector.", "The learned Sessions Judge after going through the evidence available on the record found the case of the prosecution proved beyond all the reasonable doubts against the appellants and recorded the conviction and sentence in the aforementioned manner.", "We have heard Shri Raghuraj Kishore and Shri Anoop Trivedi learned Counsel for the appellants and Shri R.K. Singh, learned A.G.A. for the State.", "The first submission of the counsel for the appellants is that the first information report is ante timed.", "Intact, the first information report was prepared about 10-11 a.m. at the instance of the investigating officer.", "The counsel for the appellant has drawn our attention towards the testimony of D.W. 1 Dr. Ram Singh, scribe of the F.I.R., who had stated that he prepared the first information report on 22.6.2002 around 10 11 a.m. He further deposed that he had prepared the first information report on the dictation of the investigating officer.", "We have considered this submission of the counsel for the appellants and the evidence on record.", "The issue of credibility and the trustworthiness ought also to be attributed to the defence witnesses on a par with that of the prosecution.\"", "We have carefully considered the testimony of D.W.1 Ram Singh in the light of the decisions of the Apex Court.", "The evidence on the record clearly indicates that report was lodged by Smt. Banas, P.W. 1, who had stated that the report was prepared by Dr. Ram Singh on her dictation and she had lodged the same at the police station.", "P.W. 5 H.C. Chandra Pal Singh had proved the lodging of the F.I.R. by Smt. Banas.", "The testimony of P.W. 5 is also not challenged about lodging of first information report.", "After lodging of the F.I.R. P.W. 6 B.P. Singh had reached at the place of occurrence at 3.30 a.m. and started preparing the inquest reports of the deceased.", "He had also stated that Smt. Banas had came to the police station for lodging the F.I.R. In view of the overwhelming evidence about the alleged time of lodging of the report the evidence of D.W. 1 Dr. Ram Singh does not inspire confidence.", "He is falsely deposing about the time of lodging of the report and no reliance can be placed on his evidence and the prosecution has successfully proved the time of lodging of the report.", "The next submission of the counsel for the appellant is that the appellant had no such motive to commit ghastly murders.", "According to the prosecution case the enmity between the parties was with regard to possession of a well which was situated in the courtyard (Angan) of the informant.", "The accused wanted to grab the possession of the well.", "The testimony of the prosecution witnesses clearly shows that there was some dispute regarding the possession of a well.", "It is stated by the witnesses that there was an electric connection which was in the name of Veer Singh and he was not allowing complainant to take water from the well and on that account there was enmity between the parties.", "It cannot be said with certainty as to what amount of enmity will led to this ghastly murders.", "The witnesses were also suggested by the appellants that for grabbing the well they were falsely roped in this case.", "In a case which turns on direct evidence, the motive element does not play such an important role so as to cast any doubt on the credibility of the prosecution witnesses.", "Moreover, the assailants are close relatives of the witnesses and they had caused numerous injuries to the deceased and the witnesses had abundant opportunity to identify them.", "P.W. 2 Chanda is an injured witness also and she must have been in close contact with the accused.", "All the accused were very well known and they could be identified in faint light also.", "The counsel for the appellant has also challenged the presence of the eye witnesses on the ground that they did not make any effort to save the deceased and it was further submitted that manner of assault as mentioned by these witnesses is highly improbable.", "It is also submitted that the dead bodies of the deceased were found on the cot.", "The witnesses have deposed that assailants firstly killed Gopal on the roof arid thereafter Krishnapal and Hari Krishna were murdered.", "If Gopal was firstly murdered on the roof then it is highly improbable that the other deceased will remain lying on the cot.", "The accused are close relatives of the deceased.", "It was very difficult for them to accept whether they came to kill them and if they remain lying on their cots for some time it cannot be said that the prosecution version is wrong.", "Every person reacts in his own way.", "Some are stunned, become speechless and stand rooted to the spot.", "Some become hysteric and start wailing.", "Some start shouting for help.", "Human behaviour varies from person to person.", "Different people behave and react differently in different situations.", "Human behaviour depends upon the facts and circumstances of each given case.", "How a person would react and behave in a particular situation can never be predicted.", "Since the appellants were heavily armed with deadly weapons and in such a situation it was absurd to expect any intervention from a lady.", "P.W.2 Chanda did try to intervene and she was also assaulted.", "Learned Counsel for the appellant further submitted that the injuries of P.W. 2 Chanda are manufactured and doubtful in nature.", "According to the prosecution case Sunder had caused injuries to Chanda by Daon and she had also received fire arm injuries but this part of the prosecution case is not corroborated by the medical examination report.", "We do not find any substance in this submission because she was also assaulted while she was trying to save her husband and the medical examination report of P.W. 2 Chanda shows that she had received six injuries.", "If she had not received any incised wound it cannot be said that she was not assaulted in the occurrence.", "The assault was made while she was trying to save her husband and she must have tried to avoid the blow also and in that process it is not necessary to receive the incised wound from Daon.", "We have carefully examined the testimonies of the witnesses.", "The occurrence took place inside the house and the presence of witnesses at the time of occurrence was natural.", "The occurrence took place at about 2 a.m. on 22.6.2002 and the F.I.R. has been lodged at 2.50 a.m. and the distance of the police station was only 3 km. from the place of occurrence.", "The F.I.R. contains all necessary details, the name of the accused, weapon in their hands and specific role has been mentioned.", "Prompt lodging of F.I.R. eliminates the chance of embellishment.", "The testimony of P.W. 1 Banas inspires full confidence.", "She was subjected to lengthy cross examination but nothing could be elicited to discredit her testimony.", "P.W. 2 Chanda is an injured witness.", "She had also supported the prosecution case.", "Her presence at the time of occurrence is also corroborated by the medical evidence.", "P.W. 3 Vimla had also supported the prosecution and she is also a truthful witness and her testimony also inspires full confidence.", "The Sessions Judge had rightly relied upon their testimonies and recorded the findings of conviction and we also concur with the same.", "Appeal No. 5263 of 2006, namely, Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran holding that three persons were done to death while they were sleeping and all were the bread earners of their families.", "It allows the scars to heal." ]	[ "Section 149 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 457 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 504 in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
163150513	[ "Hon'ble Pramod Kumar Srivastava, J.", "(Delivered by Hon'ble P.K. Srivastava, J.)", "1.This appeal has been preferred against the judgment of conviction and punishment dated 28.02.2015 passed by Additional Sessions Judge/ Special Judge (E.C. Act), Budaun in S.T. No. 871 of 2011 (State v. Ghasi Ram & Others) under Section 302/34 IPC in case crime no. 360/ 2011, p.s.", "Kadar Chauk, Budaun.", "By this judgment each of the three accused-appellant had been convicted for charge under section 304/34 IPC and sentenced to imprisonment for life and fine of Rs. 25000/- (in default of payment additional imprisonment for six months).", "2.The prosecution case in brief is that on 21.05.2011 at about 3.30 p.m., Ghasi Ram, Nannaku, Maharaj Singh and Ashok had assaulted Virendra Pal Singh (father of informant Ajit Kumar) with fists and kicks.", "This incident was seen by Ram Das and Keshav, who intervened and took the injured Virendra Pal Singh to hospital, where he was declared dead.", "3.Victim's son Ajit Kumar (PW-1) lodged the FIR on the basis whereof case crime number 360/ 2011 was registered.", "After completion of investigation charge-sheet was submitted against the said four accused, but during trial Maharaj Singh died.", "Sessions Trial No. 488/ 2005 was held against the remaining three accused (appellants), and upon conclusion the accused were convicted as above for the offence u/s 304 (First part) read with 34 IPC.", "In the present case the circumstances presented before the Sessions Judge, at the time of hearing under section 235(2) CrPC on point of quantum of sentence, as discussed above, were available for awarding a lesser sentence." ]	[ "Section 304 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 304B in The Indian Penal Code", "Section 302 in The Indian Penal Code" ]
163153229	[ "Azamuddin, who was also tried along with Gufran and Kamaruddin is acquitted of all the offences.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "2] The gist of the prosecution case as is unfolded during the trial is thus:-", "The informant Mohd. Sharif was residing with his parents and brother at Rayyatwari Colony Miners quarters, Chandrapur.", "Shamsherali, the deceased, was the father of the informant and was employed with Western Coalfields as Driver.", "16.07.2004 passed by the 4th Adhoc Additional Sessions Judge, Chandrapur in Sessions Case 155/2000, by and under which, the appellant (hereinafter referred to as \"the accused\"), is convicted,::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 2 along with one Gufran, of offences punishable under sections 448, 304 Part-II and section 323 of the Indian Penal Code (\"IPC\" for short), and while accused Gufran is released on probation, accused Sheikh Kamaruddin is sentenced to suffer rigorous imprisonment for four years and to payment of fine of Rs.1000/- for offence punishable under section 304 Part-II of the IPC, is sentenced to suffer simple imprisonment for two months and to payment of fine of Rs.200/- for offence punishable under section 323 of the IPC and is sentenced to suffer simple imprisonment for two months and to payment of fine of Rs.200/- for offence punishable under section 448 of the IPC.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 3 The accused were also residents of the said colony.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "The genesis of the incident was an altercation which took place at 07:30 p.m. on 28.11.1999 at the pan shop of one Gupta (P.W.3).", "The informant Mohd. Sharif (P.W.1) was standing at the pan shop, the accused Gufran came to the pan shop, abused and threatened the informant Mohd. Sharif, P.W.3 intervened and pacified the informant and Gufran.", "The informant along with P.W.3 went to S.T.D. booth to make telephone call and then the informant P.W.1 went to his house.", "Accused Gufran and Kamaruddin came to the house of P.W.1, abused P.W.1 and dragged him out of the house by catching hold of the collar.", "Accused Kamaruddin kicked P.W.1, the mother of P.W.1 intervened and at the same time the younger brother of P.W.4 Wahid also arrived at the scene.", "The deceased Shamsherali who was sleeping woke up and came out of the house and attempted to pacify the accused.", "The accused Gufran and Kamaruddin fetched a wooden stick and iron rod respectively.", "Gufran assaulted P.W.1 with a wooden stick on the shoulder, accused Kamaruddin rushed towards the deceased Shamesherali with the rod, Shamesherali caught hold of Kamaruddin, accused Gufran dealt a::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 4 stick blow on the hip of Shamesherali and when he turned towards Gufran, Kamaruddin inflicted a blow on Shamesherali with the iron rod on his head.", "Shamesherali was taken to the hospital in an auto-rickshaw and was declared dead on admission.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "P.W.1 lodged the oral report at Ramnagar Police Station, Chandrapur which was reduced to writing and the oral report and the printed F.I.R. are Exhibits 21 and 22 respectively on the record of the trial Court.", "On the basis of the said report, which was lodged at 22:20 hours on 28.11.1999, offence punishable under section 302 read with section 34 of the IPC was registered.", "Investigation ensued, inquest panchnama of the dead body of Shamesherali was recorded, the body was sent for postmortem examination and the report obtained, spot panchnama was drawn and the accused were arrested.", "A query was made from the Doctor as to whether the injury could be caused by the iron rod to which the Doctor answered that the injury was possible by the rod.", "The opinion of the Doctor on the reverse of Exh.42 is admitted by the defence.", "The Doctor however, stated that it could not be definitely opined that the injury can cause death of a person.", "Upon completion of the investigation charge-sheet under section 448, 323 and 302 read withs section 34 of IPC was submitted in the Court of Chief Judicial Magistrate, Chandrapur, who committed the proceedings to the Sessions Court.", "The learned Sessions Judge framed charge under section 448, 323, 302 read with section 34 of IPC, the accused abjured guilt and claimed to be tried.", "The defence of the accused is of false implication.", "In response to question 51 put in the examination under section 313 of the Criminal Procedure Code, the accused stated that he was not present at the time of the incident.", "3] The case of the prosecution is substantially based on the account of the eye witnesses to the incident.", "The prosecution examined eight witnesses, including sons P.W.1 Mohd. Sharif and::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 6 P.W.4 Wahid Ali and wife of the deceased Isabano as eye witness to the fatal assault.", "The owner of the pan shop Ashok Gupta was examined as P.W.3 to throw light on the genesis of the incident.", "P.W.5 Jalil Ahmed and P.W.6 Yashwant Kove are panch witnesses to the spot panchnama and the seizure memo as regards the weapons, respectively.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "4] Shri Hazare, the learned counsel for the accused submits that the evidence on record is grossly inadequate to bring home the guilt of the accused.", "No independent witnesses are examined although it has come on record that there are several houses near the scene of incident, is the submission.", "Shri Hazare, the learned counsel for the accused contends that the judgment impugned is against the weight of evidence on record.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 7", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "Per contra, Shri Joshi, the learned A.P.P. submits that the evidence of the three eye witnesses is cogent and consistent and the fact that they are related to the deceased is of no significance.", "No suggestion is given to the I.O. or to any other witness that the incident was witnessed by independent witnesses.", "The defence did not suggest that the statement of any eye witness was recorded and the witness is not examined.", "A related witness is not necessarily an interested witness and the presence of the relatives was but natural since the incident occurred in and in front of the house of the deceased.", "The learned A.P.P. further contends that the fact that the Doctor agreed that collection of blood in cranial cavity is possible due to fall on the ground does not dilute the probative value of the consistent ocular evidence.", "5] P.W.3 Ashok Gupta, who is the owner of the pan shop has deposed that between 06:00 to 06:30 p.m. in the evening there was an alteration between accused Gufran and P.W.1 Mohd. Sharif.", "Sharif accused Gufran of being under the influence of liquor and Gufran retorted that the brother of P.W.1 also consumes liquor.", "This evidence has gone unchallenged in the::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 8 cross-examination.", "It is however, extracted that while going home P.W.1 uttered that Gufran may come to his house and then he will be dealt with.", "Shri Hazare, the learned counsel for the accused contends that the evidence of P.W.3 is inconsistent with the evidence of P.W.1 Mohd. Sharif who has given a different version of the genesis of the alteration.", "P.W.1 Mohd. Sharif has deposed that accused Gufran stepped on his foot and he asked accused Gufran to walk properly and whether accused Gufran had consumed liquor and then an altercation ensued.", "I do not find the two versions mutually exclusive.", "Both P.W.1 and P.W.3 testified that there was an altercation the cause of which was P.W.1 asking Gufran as to whether he was under the influence of liquor.", "However, P.W.2 has stated in her 161 statement that Kamruddin gave a blow with the rod on the left eye of the deceased Shamesherali.", "The fact that the witness has referred to forehead is of little significance.", "Similarly, the omission to the effect that Gufran and Kamruddin caught collar of P.W.1 and took P.W.1 out of the house holding his collar, although the omission is duly proved, is not significant enough to be treated as a contradiction.", "The ocular account of the wife of the deceased Isabano P.W.2 has stood the test of cross-examination and is confidence inspiring.", "In the factual matrix, I do not find that the delay in recording the statement can be held against the prosecution or that the Investigating Officer deliberately delayed recording of the statement since he was marking his time or waiting to give a particular shape or colour to the investigation.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "7] The evidence of the eye witnesses as regards the incident is cogent and consistent.", "The eye witnesses are in unison in deposing that it was Kamruddin who dealt blow with iron rod on the head of the deceased Shameherali.", "No authoritative text is brought to my notice in support of the submission.", "Au contraire, medical jurisprudence recognizes that laceration commonly occurs over bony prominences and tends to be irregular shape with abraded or contused margins and are typically caused by hard and blunt object.", "Modi on medical jurisprudence and toxicology states thus:-", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "When produced by a blunt weapon, such as a club (lathi), crowbar, stone, or brick, a lacerated wound is usually accompanied by a considerable amount of bruising of the surrounding and underlying tissues, and has inverted and irregular edges.", "The evidence P.W.7 Dr. Sunil Warghade that the::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 12 injury mentioned in column 17 of the P.M. report could be caused by hard and blunt object like iron rod, has gone unchallenged.", "The suggestion given to P.W.7 that the said injury is not sufficient to cause the death is denied.", "P.W.7 states that he does not remember if the iron rod was sent to him for examination, however, he asserts that the iron rod produced in the court article 'A' may cause such injury.", "The submission that since no blood stains were detected on the iron rod, the seizure pursuant to discovery at the instance of the accused is of no relevance overlooks the fact that it is not even the case of the prosecution that when the iron rod was seized the same had blood stains.", "The corroborative evidence apart, the ocular evidence on record is implicitly reliable and even if the discovery of seizure of the rod is kept out of consideration, I see no reason to differ from the view taken by the learned Sessions Judge that the offence against the accused is proved beyond reasonable doubt.", "The appeal is sans merit and deserves rejection.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "8] The accused is in Central Prison, Nagpur since he was arrested pursuant to non-bailable warrant issued in view of the::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 ::: apeal443.04.J.odt 13 breach of the conditions of suspension of sentence.", "The accused be detained in Central Prison, Nagpur or at any other prison to serve the sentence awarded by the learned Sessions Judge.", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::", "::: Uploaded on - 10/01/2018 ::: Downloaded on - 11/01/2018 02:24:14 :::" ]	[ "Section 34 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 448 in The Indian Penal Code" ]
163163002	[ "On due consideration of facts and circumstances of the case, this court deems it proper to grant bail to the applicant Atul Kumar Singh.", "He be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with a solvent surety in the like amount to the satisfaction of JMFC concerned or CJM for his appearance in the trial Court on the dates so fixed by that Court during the trial.", "Certified copy as per rules.", "(J.K. MAHESHWARI) JUDGE" ]	[ "Section 436 in The Indian Penal Code", "Section 427 in The Indian Penal Code", "Section 294 in The Indian Penal Code" ]
163166888	[ "The case of the prosecution is that on 22.11.2013, the prosecutrix went to graze her cow in her land and at about 5.00 pm.", "when the prosecutrix was cutting grass, the first accused went behind her and gagged her mouth and the 2nd accused the appellant herein caught hold of her and suddenly, she bite the hand of the first accused and both the accused fisted on her face.", "When the prosecutrix struggled, the appellant/A2 again caught hold of her and the first accused strangulated her with her saree and she fell down unconscious.", "Thereafter, the first accused and the appellant/A2 dragged the prosecutrix to the nearby sugar cane field and pulled her thali.", "While the prosecutrix struggled, the first accused lied down on her and removed her nose pin and torn her blouse.", "This appeal arises against the judgment dated 01.02.2018 passed in S.C.No.132 of 2014 on the file of the learned Sessions Judge, Mahila Court [FTC], 1/8http://www.judis.nic.in Crl.", "Trial Court directed the sentences to run concurrently.", "The first accused tried to commit rape on the prosecutrix.", "The first accused is charged under Section 394, 307, 376 r/w 511 IPC and the appellant/A2 is charged under Section 394, 307 IPC.", "The respondent police registered a case against the present appellant/A2 and first accused.", "After investigation, the respondent police 2/8http://www.judis.nic.in Crl.", "As the offence under Section 376 IPC is triable by the Court of Sessions, the learned Judicial Magistrate No.1, Villupuram committed the case to the Principal Sessions Court, Villupuram and the case was taken on file in S.C.No.132 of 2014 and subsequently, made over to the Sessions Judge, Fast Track Mahila Court, Villupruam for disposal.", "Before trial Court, prosecution examined PWs.1 to 15 and marked Exs.", "P1 to P36 and 7 Material Objects.", "None were examined on behalf of the defence nor were any exhibits marked.", "On questioning u/s.313 Cr.P.C., the accused denied the same as false.", "Trial Judge, on appreciation of the oral and documentary evidence, under judgement dated 01.02.2018, convicted the appellant/ A2 for offence under Sections 394 and 307 IPC and sentenced him as stated above.", "There against, the present appeal has been preferred before this Court.", "The learned counsel appearing for the appellant would submit that there is no direct eye-witnesses in this case.", "The prosecutrix was not concious at the time of admitting in the hospital and the copy of the Accident Register also proved the same.", "Though the occurrence had taken place on 22.11.2013, the FIR was 3/8http://www.judis.nic.in Crl.", "The appellant was arrested on the next day itself and the confession statement recorded by the police officer is not admissible in evidence.", "If any person took the gold, he tried to sell the same and not keep in safe custody, whereas, it has been alleged that the recovery has been made from the first accused.", "The prosecutrix never seen the accused prior to the occurrence.", "Therefore, he has stated that the prosecutrix has given the statement as stated by the police.", "Before conducting the identification parade, the photos were shown to the prosecutrix and she has admitted that the police officials shown the photograph of the appellant, but, in the Identification Parade, she has not identified the first accused.", "She has identified only based on the photos shown by the police officials, which creates suspicion.", "During the cross examination, Pws-6 and 7 have stated that they signed the paper in the police station, which also creates suspicion.", "The prosecution has not proved its case beyond reasonable doubts.", "The accused were arrested on the next day itself, whereas the victim/PW-1 had regained conscious only after 4-5 days in the hospital, which also creates doubts.", "The appellant/A2 was arrested by the investigating officer.", "Except PW-1/prosecutrix, no one has identified the appellant.", "The prosecution has foisted a false case against the appellant.", "The learned Sessions Judge failed to consider the above facts, which warrants interference.", "4/8http://www.judis.nic.in Crl.", "A.No.216 of 2018", "Heard both sides and perused the entire materials available on record.", "The prosecutrix has been examined as PW-1 and she has clearly stated that she went for grazing cows.", "At that time, both the accused came there and the first accused gagged the mouth of the prosecutrix and the appellant caught hold of her hands.", "Further, she has stated that both of them fisted on her face and thereafter, dragged her to the nearby sugar cane field and pulled her thali.", "While the prosecutrix struggled, the first accused lied down on her and removed her nose pin and torn her blouse.", "The first accused tried to commit rape on the prosecutrix.", "PW-2-brother-in-law of PW-1 has stated that when PW-1 was there, the accused were found nearby the occurrence place.", "He has also stated that she alone left the house.", "PW-6 stated that he knows both the accused and the investigating officer examined both the accused and recovered the belongings viz., material objects from the first accused and he also witnessed the same and signed in the recovery mahazar and both the accused given the confession statements.", "The prosecution has established its case beyond reasonable doubts.", "From the reading of the evidence of prosecutrix and PWs-5, 6 and 7, it is seen that the prosecutrix identified the appellant in the identification parade.", "The prosecutrix was unconscious and she was rescued by PWs-3 and 4 and admitted in the hospital, which is evident from 5/8http://www.judis.nic.in Crl.", "A.No.216 of 2018 the Accident Register.", "The wound certificate and the doctor's evidence show that the prosecutrix sustained injury.", "There is no reason to discard the evidence of PW-1 the prosecutrix.", "The Sessions Court while dealing with the case, came to the conclusion that the appellant/accused has committed the offence under Section 307 and 394 IPC.", "From the reading of the evidence, it reveals that the prosecution has proved its case with cogent and reliable evidence that the appellant has committed offences under Sections 394 and 307 IPC.", "On reading of the judgment of the learned Sessions Judge, it is seen that the learned Sessions Judge also given the cogent reason for the conviction and imposing the sentence.", "Accordingly, this Criminal Appeal shall stand dismissed." ]	[ "Section 394 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 376 in The Indian Penal Code" ]
163168131	[ "Pawan P.W.3 is the son of Padam Singh(deceased).", "Prempal and Pista Devi have four daughters and a son.", "At the time of the present incident two of the daughters were already married and widow Pista Devi was living with her two damsels and her son in a separate abode from her in-laws house.", "Manvir (father of informant P.W.1, Prem Shankar P.W.2 and Padam Singh, deceased) though owned 45 bighas of farm land, but he (Manvir), had renounced the world and had embraced seer hood.", "He had not visited the village since last four years.", "His 45 bighas of land was partitioned amongst his four sons.", "Whereas informant Sher Singh P.W.1, Prem Shankar P.W.2 and Pawan P.W.3 (son of the deceased) were cultivating their agricultural plots, agricultural land belonging to widow Pista Devi was initially lying vacant, but since last one/two years deceased and Pawan P.W.3 had trespassed and grabbed it and were farming over it.", "Pista Devi, the widow, thus, was deprived of her rightful inheritance and usufruct of her agricultural land although she and her son had an indubitable right of inheritance.", "It further emerges that Pista Devi was originally a resident of village Damora and all the appellants herein, are her parental and marital relatives.", "Sher SinghP.W.1,during his cross-examination at page 11 has disclosed their relationships as (A-1) and (A-2) being her (Pista Devi's) sons-in-law (damad) and (A-3) being son-in-law of her brother.", "(A-4) is her brother-in-law (jija) and (A-5) Pappu is the son of (A-4) and nephew of the widow.", "Thus it becomes evident that both the warring factions were close relatives and were very well known to each other.", "Next it is evident that after demise of Prempal, not only the widow was not allowed to cultivate the agricultural land falling in her share but, with a clandestine motive to grab her agricultural properties, even her chastity was slandered by levelling a faux pas that she was a trollop having an illicit extra marital relationship with one Baljeet, a co-villager.", "The deceased, for the aforementioned reasons was not agreeable to allow Pista Devi to reside in the village as that was an impediment in his way to execute his nefarious design.", "To throw Pista Devi out of the village deceased had even lodged a FIR against her on 23.2.1996 levelling temerity of her being a trollop.", "She was even assaulted and inflicted with grievous injuries for which she had lodged a FIR on 25.2.1996 at P.S. Khair arraigning deceased, P.W.1, P.W.2, Vijay Pal and Rampal as culprits.", "She had also moved an application in the year 1991, soon after demise of her husband in 1990, to S.S.P. Aligarh regarding her life threats hurled by the prosecution side.", "Because of such hostile atmosphere widow Pista Devi was residing separately from her in-laws house in another residential abode.", "With above facts being the precursor, that on the incident date 19.6.1996, a Maruti Van came to village Baknare at 9-10 A.M. and went straight to the house of widow Pista Devi.", "At 12 in the afternoon, (A-1) all alone stepped up to the building material shop of the deceased, which was situated at a distance of 1 k.m.", "from the village population at a lonely place surrounded only by agricultural fields, where the deceased also resided and informed him (the deceased) that relatives had come and a Panchayat (conclave) has been convened to resolve the disputes between him and Pista Devi and thereafter (A-1) had returned back from the shop.", "Same day at 2.15P.M. a Maruti Van stopped 15/ 16 paces away from the deceased building material shop and all the appellants herein (A-1) to (A-5), each one of them armed with a DBBL gun, alighted from it and came to the deceased shop.", "At that time, deceased and Vijaypal were sitting on a wooden plank cot (takht), and informant and P.W.2 were sitting on a cot (Charpai) in front of the shop.", "No sooner their arrival at the shop, all of a sudden, all the accused appellants opened fire at the deceased and the witnesses at the instigation of (A-1), (A-4) and (A-5).", "While (A-2) and (A-3) fired at the deceased Padam Singh from a close quarter of 2 or 3 paces and murdered him, rest of the miscreants fired at the informant and other witnesses but in that shooting spree except the deceased nobody else sustained any injury.", "Committing Padam Singh's murder, all the accused appellants tried to run away in the their Maruti Van and in that endeavour, three of the assailants (A-1), (A-4) and (A-5) threw their DBBL guns inside the Van and tried to get into it but because of its speed failed in that attempt and, therefore, they sprinted towards village Baknare.", "Informant, other present witnesses and gathered crowd chased and apprehended all the three of them at a distance of ½ kilometres from the murder spot.", "Meanwhile, two police constables Bacchu Singh and Rajesh, both armed with rifles, arrived at the spot and the three apprehended assailants were handed over to them.", "On the strength of the aforesaid written report, Exhibit Ka-1, HC/54 CP Anil Kumar Tiwari P.W.5 registered the crime by preparing Chik FIR, Exhibit Ka-5 of crime no.217 of 1996, under Sections 147, 148, 149, 307, 302, 120B IPC at 3.45P.M. same day (19.6.1996) mentioning the distance between the place of the incident and the police station as 9 kms.", "From the spot, I.O. returned to the police station and interrogated apprehended three accused.", "On 20.6.96 statements of P.W.2 and Vijay Pal Singh (who had also caught the three accused) were recorded.", "\"mera meri bhabhi se koi jhagada nahin tha.", "Maine meri bhabhi ke charitrahinata ki bat swayam meri jankari me.", "His evidence is also wholly unconvincing and full of contradictions.", "In his examination-in-chief he has stated that-", "\" At that time 2 ½ P.M. Maruti van came at the shop.", "Hon'ble Het Singh Yadav, J.", "(Delivered By Hon'ble Vinod Prasad J) Challenge in these two connected appeals, u/s 374 (2) Cr.P.C., by the five appellants Mahendra Singh (A-1), Yogendra Singh (A-2), Pappu son of Kunwarpal (A-3), Chandra Pal (A-4) and Pappu son of Chandra Pal (A-5) are to the impugned judgement of their conviction and order of sentence dated 11.1.2002 recorded by Additional Sessions Judge, court no.5, Aligarh in S.T. No.1455 of 1996, state vs. Mahendra Singh and others, P.S. Khair, district Aligarh by which, learned trial Judge has convicted all the appellants herein for offences u/s 148, 302/149 I.P.C. and has sentenced to them to 2 years R.I. with Rs. 2000/- fine, the default sentence being 4 months additional R.I. and life imprisonment with Rs. 10,000/- fine, the default sentence in the event of non-payment of fine being 2 years further R.I. Respectively for both the offences while further directing that both the sentences shall run concurrently and benefit of set off shall also be applied to them.", "As is evident from the trial court record prelude to the present incident was gestated in a family feud, which is mentioned in the written F.I.R., Exhibit Ka-1, by the informant Sher Singh P.W.1 and later on testified by him and other fact witnesses Prem Shankar P.W.2 and Pawan Kumar P.W.3 during the Sessions trial.", "According to these evidences informant's grand- father Nem Singh r/o village Baknare, P.S. Khair, district Aligarh had five sons namely, Manvir, Vijay Pal, Ramvir Singh, Raghuvir Singh and Sultan Singh.", "Manvir had four sons Padam Singh (deceased), Prempal, Prem Shankar (P.W.2) and Sher Singh (informant/P.W.1).", "On 22.6.96, I.O. arrested co-accused widow Pista Devi (since acquitted) and penned down her statement.", "I.O. recorded the statements of both the police constables Bachhu Singh and Rajesh Kumar on 1.8.1996 and same day penned down 161 Cr.P.C. statements of Manvir Singh, Rameshwar Dayal, Sonpal Singh, Himmat Singh and S.I. C.P. Varma.", "Autopsy on the cadaver of the deceased was performed by Dr. R.P. Sharma P.W.4 on 20.6.1996 at 4P.M. According to this witness, deceased was aged about 45 years and one day had lapsed since he had expired.", "He had an average built body.", "His mouth and both eyes were opened and rigor mortis was present on both of his upper and lower limbs.", "Following ante-mortem gunshot injury was detected by the doctor on the corpse of the deceased:-", "(1) Gunshot wound of entry 3.5 cm x 3 cm x chest cavity deep on the front of chest upper part at.......... Blackening, tattooing, charring absent.", "Clotted blood present.", "(2) Gunshot wound of Exit 4.5 cm x 3 cm x chest cavity deep.", "Lt. interior angle of scapula.", "Lt. lung lower lobe and Lt. atrium is lacerated and ruptured clotted blood present.", "(4) Pallets recovered from Lt lung.", "In the estimation of the doctor, death was the outcome of shock and haemorrhage as a result of aforementioned ante mortem gun-shot injury.", "On the basis of charge-sheet Exhibit Ka-12, submitted in the Court of C.J.M., Aligarh, Criminal Case No.3105 of 1996, State Vs.", "Mahendra Singh and others, was registered.", "Findings the disclosed offences triable exclusively by Court of Sessions, learned C.J.M. vide committal order dated 1.11.1996, committed the case to the Sessions Court, where on 8.11.1996 it was registered as S.T. No.1455 of 1996, State Vs.", "Mahendra and others.", "Learned Sessions Judge on 25.11.1997 charged co-accused Pista Devi U/S 120-B IPC, appellants Mahendra, Chandra Pal and Pappu (A-1 to A-3) U/Ss 147, 302/149 IPC and appellants Chandra Pal and Pappu (A-4 and A-5) U/Ss 148, 302/149 IPC.", "All the charges were read out and explained to the accused, who all after understanding the same, denied them, pleaded not guilty and claimed to be tried and, therefore, for establishing their guilt, their trial commenced by observing Sessions trial procedure.", "In the trial prosecution, examined, in all, seven witnesses.", "In their examinations U/S 313 Cr.P.C. accused appellants abjured the incriminating circumstances put to them occurring in the prosecution evidences and pleaded that since they were relatives of widow Pista Devi therefore they have been falsely implicated and deceased was done to death at an unknown time by an unknown assailant.", "Pista Devi, has stated that there was a dispute of agricultural land and since informant and the deceased wanted to grab her share therefore they had assaulted her on the earlier occasion and had caused her grievous injury and because of that ulterior motive they have arraigned her as accused in the present murder incident.", "Yogendra Singh (A-2) further stated that since he is the son-in-law of Pista Devi, therefore, because of animus with her, that he has been falsely implicated.", "to testified that (A-4) and (A-5) were arrested at 5.30 P.M. by the I.O. and two constables from their tube-well and (A-1) was arrested from the house of Pista Devi by the I.O along with three/four constables and Pista Devi is mother-in-law of (A-1).", "Recapitulating final outcome learned trial Judge/Additional Sessions Judge court no.5 concluded that prosecution had successfully established appellants guilt as perpetrators of the crime and, therefore, convicted all appellants herein of the framed charges and sentenced them as above, vide impugned judgment and order dated 11.1.2002, which decision is under challenge in the instant appeals by the convicted accused.", "Learned trial Judge, however, acquitted widow Pista Devi for the reason that prosecution had failed to prove it's charge against her.", "In absence of any challenge to her acquittal the same has now attained finality.", "In the backdrop of proceeding facts, we have heard Sri G.S. Hajela, Sri Deepak Srivastava and Sri Akhilesh Srivastava, learned counsel for the appellants and Sri Sangam Lal Kesherwani, learned AGA for the State and have ourselves scanned the entire trial court record.", "Assailing the impugned judgment and castigating the findings recorded by the learned trial Judge, appellants counsel vehemently urged that the entire prosecution story was cooked up and fabricated at the police station in connivance with the Investigating Officer to frame-in widow Pista Devi and her marital maternal relatives with scurrilous motive to grab her share of entire property left by her father-in-law to which her deceased husband Prempal and her son were entitled.", "Padam Singh (deceased) even went ahead and, according to prosecution allegations, slandered her honour by lodging an FIR levelling allegation of un-chastity and her being a licentious lady.", "The widow and her children, two small daughters and a son, were turned out of her husband's house and they had to shelter themselves in a separate residential accommodation.", "Deceased and his son Pawan P.W.3, with ulterior design to grab her agricultural land, which remained uncultivated for many years, had illegally trespassed over it and had started farming on it, which fact has been admitted by P.W. 1 & 3 in their depositions.", "Appellant who were at the receiving end at all times had no motive to indulge into a day light murder in the witnessing of sibling relatives without any rhyme or reason or immediate causa causans.", "Articulating the argument, it was submitted that it is a case of total absence of motive for the appellants to involve themselves as they had nothing to gain from the murder of the deceased.", "Pista Devi had an heir to inherit the property of Manvir and Prempal.", "For the aforesaid reasons allegation that the appellants arrived in the informant's/deceased village lodged in a Maruti Van at early hours of the morning on the incident date is all false and a fib allegations.", "No number of the Maruti Van could be mentioned by any of the fact witnesses nor could the I.O. pin point it during investigation, which unerringly indicates that in fact no Maruti Van was used in the crime.", "F.I.R. is the outcome of consultations and deliberations with the I.O. and was scribed and fabricated at the Police Station as has been admitted by the informant P.W.1 at internal pages 12/13 of his depositions, which narration has further been corroborated and concurred by P.W.2 vide page 6 of his depositions.", "FIR could have been penned down when the incident was being narrated orally to the I.O. as it related with a cognizable offence but that course was deliberately eschewed only to cook up a fabricated version.", "For this submission some relevant depositions of witnesses, to which we shall refer herein after, were referred to and relied upon.", "Ocular testimony is irreconcilably contradicted by medical evidence and hence is incredible.", "Albeit deceased was shot at from a distance of less than two or three paces by the two assailants aiming their DBBL guns at him but very significantly, he had sustained only a single gunshot injury and hence the allegations that two assailants shot at him from their DBBLs guns having four barrels, is an embellished and a concocted version to rope in as many persons as was possible harangued appellants' counsel.", "It was further submitted that distance from which firing is alleged to have been made is belied by absence of blackening, tattooing and charring being present in the solitary wound and hence disclosed distance by the witnesses is also false.", "All these factors coupled with the fact that none else was injured in the incident indicate that none of three fact witnesses were present at the spot and had actually seen the incident.", "Number of injuries vis-a-vis number of shots fired at a deceased is not commensurate indicating false implication of persons and since the real culprit and time of murder both were unknown, therefore, for greed of property mentioned above, appellants have been falsely implicated and consequently they all deserve to be acquitted.", "Sniping the conviction and explaining and elaborating the submissions, it is urged that allegation of indiscriminate firing from their DBBL guns by five shooters is belied by the fact that only the deceased sustained a single firearm injury and nobody else was injured.", "No pellet makes etc. were found or noted by the I.O. at the spot which all creates a serious doubt in the veracity and credibility of the prosecution version and ocular testimonies of fact witnesses and conversely diminishes evidentiary value of their depositions.", "It further leaves an impression that a vain attempt was made to swell the number of accused in a mendacious story to implicate relatives of the widow who could have been of some help to her by perjurer witnesses.", "Omissions to mention most significant vital facts about the incident at the earliest occasion to the I.O. during the investigation and narrating them for the first time during the trial reconfirms fabrication of prosecution version and false implication of the appellants.", "Those omissions, which are in the nature of major contradictions, cannot be considered to lend credence to the prosecution story submitted appellant counsel.", "Presence of Pawan PW3, son of the deceased was disbelieved by the learned trial Judge himself in the impugned judgment and this irreparably damages genuineness of the prosecution case.", "Trial Judge has discarded his evidences, as is evident from internal page 14 of the trial court's judgment vide point no.3 for good and sustainable reasons, and this indicates that prosecution had attempted even to introduce eye witness account intentionally and deliberately to build up a case against the widow Pista Devi and her relatives with deft chicanery and therefore no reliance should be placed on the eye witness account.", "Ostensibly no independent witness appeared in the witness box to support the prosecution case, which was testified only by relatives, inimical, partisan and interested witnesses, who at all times were ready and eager to harm the widow and her supportive relatives.", "Neither the informant nor P.W.2 are reliable witnesses nor any credence can be attached to their depositions, urged learned counsel.", "Next, it was submitted that there was no panchayat, which was to be convened and such feigned allegation was levelled only to probablise presence of witnesses to cook up a case against the appellants.", "Deceased was shot dead when he was all alone and nobody had witnessed his murder and subsequently after discovery of his dead body that a hay was made at the sunshine to cook up a ludicrous story at the police station in connivance with the I.O. This contention was further expatiated by contending that the place of the incident was a lonely place, a kilometre away from the village abadi, which fact has been admitted to all the fact witnesses and, therefore, possibility of murder being a hit and run incident cannot be ruled out.", "It has been evidenced by the informant himself that the deceased used to live alone and cook his meal at his aforesaid building material shop, which he had opened since eight or nine months prior to his murder, which indicate that neither the informant nor P.W.2 had anything to do with the deceased.", "P.W.2 divulged a different story altogether harangued learned counsel who for this argument drew our attention at pages 4/5 of P.W.2's depositions.", "Referring to pages 8/ 9 of the testimonies of P.W.1, it was further argued that the incident certainly did not occur as alleged by him.", "Learned counsel further submitted that the allegation that Pista Devi had extra marital affair with Baljeet and P.W.1 had caught them in her house is all a hypothetical imagination with absolutely no basis because Baljeet and his family members were co-villagers and had that fact been correct the entire village with archaic ethos and psychic would have coalesced against the appellants and very strangely no action was taken against Baljeet by the informant and the deceased.", "In this context relevant depositions of P.W.1 at internal page 5 of his testimony were cited.", "Next, it was submitted that the theory of spot arrest is wholly incredible not having an iota of truth in it and that is why prosecution consciously and deliberately kept away the two police constables from testifying in trial who are alleged to have brought the arrested accused to the police station.", "Neither constables Bachhu Singh nor Rajesh Kumar were examined to authenticate allegation of spot arrest.", "Attour, the story that soon after the incident when the three appellants were apprehended at the spot after chase, no beating was given to them is so weird, improbable, unnatural and in- comprehensible version that it ought to be discarded outright.", "In the heat of the moment and in such a surcharged atmosphere lynching of those apprehended accused or their intense beating would have been the natural conduct and hence, calm and serene conduct of the witnesses are wholly incongruent and unacceptable and creates doubts regarding genuineness about the spot arrest story which seems to be a figment of imagination and not a statement of fact urged appellant counsel.", "Further, clarifying the submission, it is contended that according to P.W.1 at pages 12/ 13 of his depositions and P.W.2 at pages 2/6 of his depositions, it is the categorical case of the prosecution that after the arrest, three apprehended accused were handed over to the above two constables Rajesh and Bachhu Singh, who had taken them to the police station but very surreally and unconvincingly, neither of these two constables got an entry of arrested accused made at the police station prior to registration of the F.I.R. although they had reached there much earlier nor any GD entry regarding movement of both the constables was produced in the court.", "Had the prosecution case been correct, the first thing which both the constables would have done is to get an entry of the three arrested accused made at the police station when they had arrived there much earlier to the informant.", "Participation of all the assailants in the incident does not seems to be probable as it is difficult to believe that appellant Chandrapal (A-4) aged about 55 years will permit his son (A-5) to be his compatriot in a day light murder incident.", "Otherwise also presence of (A-1), (A-4) and (A-5) at the spot is doubtful as they have been assigned an ornamental role of firing from their DBBL guns without causing any injury to anybody.", "The allegations against them seem to be spurious to falsely implicate them.", "Closing submissions on behalf of the appellants are that both the appeals be allowed and appellants be acquitted of the charges levelled against them and be set at liberty.", "Since Manvir had renounced the world and had embraced seer hood and had not visited the village since last four years, therefore his agricultural land was divided into four equal shares amongst his four sons viz: Padam Singh(deceased), Prem Pal(H/o Pista Devi), Prem Shankar (PW2) and Sher Singh (informant).", "Although three of the brothers were cultivating their fields, the portion belonging to Prempal (deceased husband of Pista Devi) was lying vacant since last two years, it seems, for the ostensible reason that widow had two small daughters and a small son to foster and they could not cultivate it and nobody else was ready to help her in farming.", "Further it has also been proved by the fact witnesses themselves that Padam Singh(deceased) and his son Pawan PW3, without any permission and to chagrin and displeasure of the widow Pista Devi had trespassed and grabbed her vacant land and had started cultivation on it perceptibly for the reason to divest her of that estate.", "In the sequence of admitted facts it also discernible that informant PW1 and PW2 resided jointly whereas deceased and Prempal, had different residential abodes.", "It is also admitted that the murder spot was the building material shop of the deceased, situated at a lonely place at a distance of 1 Km from village population (Abadi) surrounded only by agricultural fields where the deceased alone used to reside and cook his meal.", "His wife had expired in the year 1991 under mysterious circumstances and a year later his daughter too had died an un-natural death.", "We now register some significant core issues having bearing on the outcome of this appeals, firstly, the incident is alleged to have occurred when the appellants are alleged to have arrived at deceased village, each one of them armed with DBBL gun, to participate in a conclave (panchayat) which was alleged to have been convened to make a request to the informant, deceased and others to allow Pista Devi to reside in the village as her chastity was doubted by the informant, deceased and other fact witnesses, but all this is a disproved facts as there was no occasion to call for such a conclave.", "This conclave had a prelude and a background in the unchaste conduct of Pista Devi but regarding both those facts the evidence is wholly unconvincing and unworthy of credence.", "Both of them are the real sibling brothers of the deceased, having commonality of motive to grab widow's estate and having no sympathy with her.", "They had an evil design on her estate and hankered to throw her out of the village.", "Although informant Sher Singh, PW1 claims himself to be an eye witness of such an extra marital cupid relationship between Pista Devi and Baljeet, a co villager, and had evidenced that he had caught them read handed when both of them had buffeted with him and in that the paramour had escaped from his clutches, but then his narration has an air of unreality.", "Persons of vicinity and locality or of village had not come forward to support his allegation.", "Albeit he stated that on his disclosure FIR was also lodged by the deceased against Pista Devi for her vagrant conduct but no such FIR was brought on the record nor PW1 had seen its transcript.", "He has no idea about the said FIR or it's outcome.", "Ipse dixit of PW1 during his examination-in-chief and cross examinations extracted herein below are wholly undamnable and unconvincing and do not bring home that allegation at all.", "PW1 had stated at page 1 that-", "(Transliteration of it means that there was disputed amongst by my bhabhi Pista Devi and brother Padam Singh because my bhabhi was unchaste.", "In the month of February 1996 the dispute had arisen regarding which FIR was also lodged at the police station against bhabhi.", "Because of this episode.....) PW1, when cross examined has further deposed that -", "Us report par prastvit kes chala ya nahin, nahin pata.", "Vo report maine nahi dekhi.\"", "(Transliteration of it means that whatever report was registered in February 1996 that was lodged by Padam Singh.", "This report was for un-chastity.", "I don't know whether any case had started on that report or not.", "I have not seen that report.) Further this witness, at the same page 4, has stated that-", "Bhabhi ke ghar pakada tha.", "23 February 1996 ko.", "Maine iski koi report nahin ki.", "Padam Singh ne ki thi jiske bavat main upar kah chukka hu.", "Baljeet ko maine pakada tha yah bat report main nahi likhai thi.", "Daroga Ji ko pakadane wali bata di thi .", "Agar yah bat pakadane ki nahi likhi hai to main iski wajah nahi bata sakta.", "Baljeet ke khilaf Padam singh ne report kit hi uspar kes chalatha ya nahin pata nahin\".", "(transliteration means I had no enmity with bhabhi.", "Regarding her un-chastity the fact was in my personal knowledge.", "I had not lodged any report regarding that.", "Padam Singh had lodged as I had deposed above.", "I had not mentioned in the FIR regarding catching hold of Baljeet.", "I had informed about it to the I.O. but I can't state the reason why it was not slated.", "I don't know whether on Padam Singh's report any trial against Baljeet had commenced or not?\") Such statements do not at all inspire any confidence and shows that PW 1 was dangling on his imagination and not on the truth.", "His disclosures are only moldy and naff.", "He was rightly suggested that his entire deposition regarding un-chastity of Pista Devi is a myth and cooked up.", "It is noteworthy that neither PW2 nor PW3 have supported PW1 regarding Baljeet's episode.", "PW3 has stated only this much that there were differences between the deceased and Pista Devi concerning her chastity.", "They both had stated regarding panchayat for the first time in court which does not inspire any confidence.", "Besides above statements they have not uttered any other attending circumstance in their entire depositions.", "We caste serious doubt on such an allegation against a widow because at the time of death of her husband Pista Devi was the mother of five children- four daughters and a son.", "Two of her daughters were already married by that time.", "Although there is no hard and fast rule of universal application that a mother of five children cannot be licentious but it is difficult to believe such an allegation in village surroundings like ours without convincing material and surrounding circumstances, which is totally missing in this appeal.", "No person of locality or village appeared to corroborate PW1 and we are of the opinion that had the aforesaid fact been true entire village would have coalescence and risen against her and Baljeet.", "Acquittal of Pista Devi by the learned trial court further erodes such a blasphemous allegation against a widow and a mother of five children including two married daughters.", "Thus on a single vacillating and unconvincing testimony of PW1, allegation against Pista Devi being a trollop cannot be judged to be true.", "Thus the very basis of convening a panchayat was absent and hence prosecution allegation regarding that is a disproved fact.", "It was because no such conclave was convened that the deceased also had no idea about it as during his cross examination informant PW1 had deposed that \"My brother did not know that relatives will arrive and today itself and conversation will ensue\".", "What transpires to us that the incident had not occurred because of spurious allegation of un-chastity levelled against the widow, but the temerity was levelled as a pretext to grab the property of the widow which was forcibly being cultivated by the deceased and his son since last a year as has been admitted by PW3 at page 8 of his deposition wherein he has stated \"On the land of Pista Devi I was in possession since last a year\".", "It was because of this reason that neither informant nor son PW3 had informed the I.O. that incident had occurred because of dispute about chastity of Pista Devi.", "Otherwise also we find that convening of a conclave because of licentiousness of Pista Devi is a very weird aspect since she was living separately along with her children from the deceased, the informant and PW2 and prosecution side had nothing to do with her.", "No action was taken against alleged Baljeet nor there is any evidence to that effect and hence also we find allegation of Pista Devi being a lady of easy virtue and calling a panchayat for that reason to be a mendacious and cooked up version.", "We are oblivious of trite law that motive for a crime in case of an eye witness account relegates into the background but at the same time we are also conscious of the fact that when it is found to be fabricated, false, feigned, and it improbablises an asserted fact, it erodes the credibility of prosecution allegations and testimonies of those witnesses who had adhere to it, as is the case in this appeal.", "Further it is to be noted that by murdering the deceased appellants would not have gained any mileage as son of Prempal was alive to inherit his entire share in agricultural land.", "Thus appellants had no motive at all to murder the deceased and prosecution allegation that appellants had arrived in deceased village to settle the score of living of Pista Devi armed with DBBL guns in a Maruti van is all a cooked up story.", "Since learned AGA argued that much does not turns out on motive and since present is a case of eye witness account, therefore, we now take up for analysis other facts regarding FIR and description about the actual incident deposed by the fact witnesses to examine it's authenticity and veracity and credibility of the witnesses.", "On this score also we again find some very disturbing unexplained and surreal features in the prosecution case which we register herein below.", "Looking to the evidence concerning FIR we find that categorical case of the prosecution is that after the murder was executed and three arrested accused were handed over to the two constables who had arrived at the spot that the informant and other witnesses returned to the murder spot and from there they returned to their village.", "From the village they came to the police station in a tractor where they narrated the entire episode to the I.O. orally.", "I.O. then asked them to give everything in writing and then informant prepared the FIR and handed it over for registration.", "This statement of fact does not rule out possibility of concoction and deliberation in connivance with the police.", "Why the I.O. had not directed the informant to narrate the incident to Head Moharrir with direction to him to register the incident FIR on oral dictation.", "After all it was an incident of murder.", "Why time was wasted in getting the FIR slated and then registered remains unexplained.", "The only reason for such an exercise seems to be that the FIR was to be fabricated and cooked up to implicate innocent persons and for that time was sought by making such a deposition.", "Though such a happening can't be said to be unusual but then it is not normal as well.", "It also emerges from the depositions of P.W.1 and P.W.2 that after the incident, these witnesses had returned to the village.", "No explanation has been offered by the prosecution as to why the FIR was not dictated in the village by the informant or any other person including the son of the deceased.", "On the contrary, they preferred to go to the police station have conversation with the Investigating Officer and then prepare the FIR.", "Therefore, in such fact scenario, it will be very hazardous to opine that the FIR contains a truthful narration about the incident.", "It further transpires that since FIR was prepared at the police station, therefore, endeavours were made to arraign as many relatives of the widow as was possible.", "It was for above reasons that the FIR was also registered under Section 147 IPC, although, no allegation was made that any of the assailant was armed with blunt object.", "Informant P.W.1 in his deposition has stated that he had carried the paper and the pencil along with him from his village then it remains unexplained why he had not penned it in village itself and why he waited to consult the police.", "His wife and daughter had died under mysterious circumstances.", "Thus the presence of the witnesses during the incident seems to be improbable and because of this reason it seems, that none of them sustained any injury during the incident although no time was allowed to them to take shelter and shooting had commenced immediately after getting down from Maruti Van when witnesses and deceased are alleged to have been sitting very close by on two cots chatting with each other.", "Learned trial Judge himself has disbelieved presence of son of the deceased who is the most important witness and closest relative of the deceased for sustainable reasons and has dubbed him as a got up witness.", "Thus learned trial court himself doubted the presence of all the witnesses.", "We also don't find any impetus to differ from learned trial Judge for PW3 and therefore concur with it's view and hold PW3 to be a got up and planted witness.", "Likewise we find informant and PW2 also to be got up and planted witnesses and on this aspect we differ from the reasonings adopted by the learned trial Judge.", "According to the informant, which has not been contradicted by other two fact witnesses, scene of the incident, which was the building material shop of the deceased, was situated at a lonely place, surrounded only by fields, at a distance of 1 km south of village population.", "There were no houses or shops around it, as has been admitted to the informant which is clear from pages 6/ 7 of his depositions and thus murder could have been executed at a lonely time without any body witnessing it.", "Further it has been evidenced by the informant PW1 at page 8 of his testimony, that at the time when incident had occurred informant Sher Singh PW1 and Prem Shankar PW2 were sitting on a cot whereas deceased and Bijai Pal were sitting on a wooden plank cot (Takht).", "All of them were sitting in the front veranda of the shop and were chatting with each other.", "At that moment, it is alleged, that all the accused arrived at the shop in a Maruti Van and parked it at 14-15 paces away from the shop.", "All the accused alighted from the Van and came to the shop and no sooner reaching at the shop they opened fire from outside veranda from their DBBL guns from a distance of 5/6 paces.", "Padam Singh deceased came out of veranda and proceeded 2/3 steps north when accused started firing.", "Yogendra (A-2) and Pappu (A-3) aimed and shot at the deceased when he was 2/3 paces away from them.", "After sustaining bullet injury from fires made by (A-2) & (A-3) Padam Singh fell down on the ground.", "All the accused had fired simultaneously.", "However such a description by all the fact witnesses is apparently false and is contradicted by autopsy report of the deceased, doctor's evidence and site plan prepared by the I.O. at the pointing out of the informant.", "Firstly, no wooden plank cot (Takht) or cot has been shown in the site plan on which witnesses and the deceased were sitting by the I.O. so as to confirm the allegation that the witnesses were present at the scene of the incident.", "Secondly, but for the deceased nobody else sustained any injury.", "Thirdly, deceased himself had sustained only a single gun fire injury which belies his being shot at from a distance of just 2/3 paces by two persons from their DBBL guns having four muzzles and capable of firing four shots.", "Fourthly, no blackening or tattooing was present in that single wound and hence it is wrong to allege that he (deceased) was shot down from a distance of 2/3 paces as in that eventuality blackening and tattooing will not elude the injury.", "Fifthly, allegation that informant, deceased and witnesses were sitting side by side and were chatting when incident occurred is belied by site plan in as much as place ''B' where deceased was shot at is towards north of the shop and places ''A', ''B', and ''C', where witnesses and informant were present and where fired upon is towards east and hence site plan prepared by the I.O. is not in conformity with the ocular version and in fact contradicts it making presence of eye witnesses doubtful.", "Sixthly, from the site plan it will be very doubtful for the witnesses to visualise murder of the deceased as projected wall will interrupt their vision.", "Seventhly, no witness had stated that informant and other witnesses had come towards east side of the shop while deceased remained towards north when the shooting took place and hence site plan does not fit in well with the ocular version.", "Eighthly, every witness had testified that no sooner accused alighted from Van they resorted to firing and hence in such a fact scenario informant and witnesses could not have arrived at places ''A', ''B', and ''C' if they were sitting beside the deceased.", "Very significantly on this aspect narration in the FIR is contrary to the witnesses depositions.", "Although in the FIR it was mentioned-", "\"Sitting there I, my brother and uncle were talking on said aspect.", "At 2.15 P.M. a white Maruti Van came.", "From it Mahendra, Chandra Pal, Son of Chandra Pal Pappu, and Yogendra all carrying DBBL guns and Pappu son of Kuwarpal armed with DBBL gun got down.", "I and my brother stood up.", "Bijai Shankar and Prem Shankar were standing near sand dunes.", "As soon as car stopped Mahendra, Chandra Pal and Chandra Pal's son exhorted to kill and not to allow to escape on which Yogendra and Pappu from their guns shot at my brother Padam Singh who fell down sustaining gunshot injuries.", "Meanwhile we challenged and hence I was also fired upon to be killed.\"", "But during statement in court it was deposed as follows-", "\" They came at 2.15 P.M. from Maruti.", "Firstly they came to their house and then came to the shop.", "We all stood up spotting them.", "They exhorted to kill so that we may not escape.", "All these five accused were armed with DBBL guns.", "All of them fired and out of them Yogendra and Pappu son of Kuwarpal fired at my brother Padam Singh, who sustaining bullet injuries died at the spot.", "Shots made by others did not cause any injury to us.", "It embedded in doors and windows.\"", "With above statements presence of witnesses at places ''A' ''B' and ''C' shown in the site plan, becomes impossible.", "Deposition in Sessions trial by PW1 makes the matter even worse and indicate that actually non was present and had seen the incident.", "Ninthly it is very absurd to accept ipse dixit of witnesses that those two accused who were far off from Maruti Van got inside it and escaped and those who were much nearer to it could not board inside it.", "This aspect becomes clear again from site plan.", "Places ''C' and ''D' are shown as places from where deceased was shot at by two assailants Yogendra and Pappu s/o Kuwarpal, whereas place ''E' is depicted to show presence of three other assailants.", "Place 'E' shown in the site plan is much closure to the Van than place ''C' and hence prosecution allegation that three of the assailants could not board Van does not appeal to common sense.", "We recollect here that according to all the fact witnesses all the assailants had fired simultaneously so much so that when specifically asked from the informant PW1 he categorically denied his FIR assertions that deceased was shot dead first and then, when he and witnesses challenged, they were fired upon.", "Tenthly, we find the allegation of throwing of guns inside Van very weird and unconvincing.", "At least two of them Mahendra and Pappu s/o Chandra Pal were only 29/33 years of age and therefore for them to duck themselves in the Van could not have been difficult at all.", "Otherwise also chassis of the van is so low that it could not have posed any difficulty for the accused to board inside it.", "Then again we find that PW1 testified that when deceased was shot down they (informant and the witnesses) were only 5/6 paces away from him.", "How come then that none of them sustained any injury and their presence is shown at a different place altogether in the site plan.", "What is culled out from evidences is that escaping unhurt by the informant and the witnesses was not providential and it was because of some other reason most likely because they were absent during the incident.", "In fact what we sense is that since it was a blind murder and nobody had seen the incident and since no witness had sustained any injury and hence to explain their presence without any injury that in the site plan their presence were shown at places ''A' ''B' and ''C' to make prosecution case compatible with the cooked up FIR.", "Another significant embellishment, which erodes credibility of the prosecution witnesses of fact is that in the FIR no allegation of firing being made by rest of three apprehended accused on any one, deceased or witnesses, was slated by the informant albeit he claimed himself to be an eye witness.", "When cross examined on the said aspect at page 10 of his deposition, informant miserably failed to furnish any reason for it.", "He also failed to explain how such an important aspect was not stated by him to the I.O. in his earliest statement u/s 161 Cr.P.C. Improving upon his inked version and assigning specific role to three of the accused for the first time during trial, on the one hand makes the informant an unreliable witness and on the other hand improbablises his presence at the incident scene.", "It diminishes veracity of his statements and therefore he can be dubbed only as an unreliable witness.", "Thus what is evident is that prior to deposition in court informant PW1 had not divulged two most significant aspects to the I.O. creating deep doubt regarding his presence at the incident scene.", "If a witness had not penned down gun fire shots made at him with an intention to murder him and does not divulge it to the I.O. how presence of such a witness can be held to be established and how such a witness can be treated to be a truthful witness? Our answer to the cropped up question is in negative and consequently we find it extremely difficult to rely upon testimony of the informant PW1, who, according to us, was not present at the incident scene and is a got up witness.", "He being inimical, partisan, related and motivated had all the earthly reasons to tell tale a story to grab the property of a widow of his deceased brother after spitting a scurrilous charge on her of being a trollop.", "He too is related, interested and a partisan witness having the same clandestine motive to usurp the estate of the widow.", "Mahendra Yogendra,Pappu,Chandrapal, Pappu came and started firing at Padam Singh from DBBL guns.", "Pappu and Yogendra had fired at Padam Singh.", "Rest had fired 8-10 at us from bullets.", "We have alredy sheltered ourselves behind slippers, Badarpur sand.", "Padam Singh died at the spot from sustained gunshot injury.\"", "It also contradicts prosecution case that all the witnesses were chatting in front of the shop when the incident occurred all of a sudden.", "This witness also deposed at page 4 of his cross examination-", "\"Maruti stopped at 15/16 paces.", "As soon as Maruti stopped assailants alighted from it armed with weapons.", "They it flashed in mind that they had come to commit incident.", "Maruti had stopped in north where we were sitting.", "We did not escape because they were also our relatives.", "Firing had started no sooner they alighted from Maruti.", "Firing was made at us from 2/3 paces distance.", "When accused ran towards us we did not run and stayed there.", "We were sitting in varanda.", "Uncle Vijaipal Singh Ji was fired at.", "Pappu son of Kuwarpal and Yogendra had loaded cartridges in my witnessing.", "Only once cartridges were loaded.", "Both of them had DBBL guns.", "Cartridges were loaded in both the barrels.", "Both these accused had already made two fires before loading the cartridges.\"", "Such a description about the actual incident does not fit in at all with the facts found at the spot.", "All the above statements are only embellishments and figment of imagination without having any iota of truth in it.", "Informant PW1 had not stated any such story.", "Further this witnesses had informed the I.O. during his interrogation u/s 161 that he and other witnesses had sheltered themselves behind slippers, sand etc. as he had admitted at page 5 of his deposition that \"This taking shelter act was also informed to the I.O. If he has not penned it down I cannot state the reason for the same.", "All the accused had fired.", "I had also informed the I.O. that Mahendra, Chandrapal and Pappu had also fired but I cannot state the reason why he has not penned down firing made by these persons.", "All the five had fired towards me also.", "Mahendra Chandrapal and Pappu @ Chandrapal had also fired at me.", "If this fact is not recorded in my statement I cannot state the reason for the same.\"", "All the above depositions are not only contradicted with medical evidence but are so un-natural that it does not inspire any confidence at all.", "This witness also seems to be not present at the spot and his evidence indicates that he too is a planted witness.", "Now we advert to the most contentious issue of spot arrest of the three appellants.", "On this aspect also, the prosecution evidences by the fact witnesses are very unnatural, un-convincing and unappealing.", "There are significant convincing reasons to discard spot arrest allegation and prosecution evidences.", "It is alleged that the three apprehended appellants came to the village in a Maruti Van and after the shooting spree they tried to escape in the van and in that attempt threw their DBBL guns inside the van but failed to board inside it and hence they sprinted towards the village.", "Such allegations do not still any confidence for the reason that there was no occasion for the three appellants to throw their weapons inside the Van which was the only guarantee of their safe exit.", "Neither the van nor the weapon could be recovered by the I.O. Moreover these appellants were nearer the van than the other two assailants and hence it is difficult to perceive that two other assailants at a longer distance boarded the van but those who were closer to it could not do so.", "Moreover, the assailants were armed with DBBL guns whereas prosecution side were all unarmed and hence van could have waited for some time to pick them up, which could not have taken much time as all of them were by it's side and nobody could have mustered any courage to come closure to them.", "Chase of these assailants started only when they are alleged to have failed to get into the van.", "This narration of incident does not appeal at all and it seems to be a total fabrication.", "Another aspect creating doubt in the prosecution allegation is that no beating etc. was given to the three arrested accused.", "It is categorical case of the prosecution that three accused were arrested after hot chase but they were treated in a most dignified manner and were handed over to the police Constables without even been slapped or pummelled.", "Another incredible aspect is that none of two police constables who were handed over the three assailants were examined during the trial to corroborate prosecution allegations and lend credence to it.", "No reason worth in name has been offered by the prosecution for it's such a lapse.", "Thus most significant aspect of spot arrest of three assailants and their bringing to the police station by the two police constables remains totally disproved.", "Added to it is the fact that no documentary evidence or any case diary or general diary etc. regarding movement of those constables was produced or proved to show their presence at the incident spot at the time and date of the occurrence.", "How can we be very sure then that the constables arrived immediately after the incident and were handed over the apprehended accused and they have brought them to the police station? Intentional suppression of this vital evidence goes a long way to discard prosecution allegations.", "Next, unconvincing feature of the entire episode is that although the two Constables had brought the three apprehended accused to the concerned police station much earlier than the informant and other witnesses but no entry of those accused was got made prior to the registration of the FIR of the present incident.", "Why the two police constables did not get the entry made at the police station also remains in a realm of pure conjecture and only belies the spot arrest theory.", "No explanation has been offered either by the I.O. or any other witness regarding the said weird conduct by the constables.", "Had the prosecution allegation been true, constables wound have necessarily handed over the arrested accused at the police station and would have informed the station in- charge regarding the murder incident.", "Total silent inaction on the part of both the constables coupled with the fact of their non-examination impels us to discard the spot arrest allegation, which to us seems to be a mendacious version introduced with motives to rope in as many parental relatives of the widow as was possible.", "It seems that because of spot arrest theory being a fib that at pages 12 and 13 of his deposition informant P.W.1 has stated that they had effected the arrest at a distance of half kilometre and nobody had assaulted the arrested accused with kicks and fists not even he.", "The police Constables had arrived there and accused were handed over to them.", "He has further deposed that prior to his reaching at the police station the Constables had already arrived there.", "P.W.2 in his statement has stated at page 2 that the apprehended accused were handed over to the police constables, who had brought them to the police station.", "At page 6 of his cross-examination, he has contradicted his earlier statement as well as the statement of the informant when he deposed that the apprehended accused were handed over to those constables near the corpse of the deceased.", "In such a view, so far as spot arrest is concerned, there is no congruent evidence to establish it.", "The two police constables were not examined in the trial and there is no corroboration of the said fact by any independent source.", "Nobody from the village or from the informant house had accompanied the apprehended accused to the police station, which also is a very disturbing feature of the case.", "It is very difficult to perceive that the relatives of the deceased will leave the arrested three appellants only at the mercy of the two police constables.", "It also remains unexplained why informant had not accompanied the two constables to the police station in the tractor to lodge a report and why he followed them very belatedly.", "Another very strange feature of the case, which compels us to discard the prosecution story is that why the assailants will run towards the village only to get apprehended against all canons of human natural psychology of escaping the arrest.", "It is incomprehensible that the murderers will run towards the trap to get arrested.", "The prosecution allegation that the three assailants ran towards the village to escape arrest, therefore, does not appeal to reason.", "In fact, the assailants should have taken a route where nobody could have chased them.", "The incident place being a lonely place, running towards open field hither and thither to escape apprehension would have been the normal course, which has not been followed in the present incident and, therefore, we are of the opinion that the presence of three apprehended accused at the spot is extremely doubtful as their conduct is most weird.", "For the aforesaid reason also we discard spot arrest theory.", "The appellants have pleaded that they were arrested from their houses and were falsely implicated in the crime because of their relationships with the widow and their defence cannot be brushed aside for lack of substance.", "Nobody noticed whether those constables brought the arrested accused in handcuffs or in tied ropes to the police station and therefore, the spot arrest allegation seems to be a far- fetched one.", "Next, we doubt the spot arrest theory also because the presence of three appellants during the incident seems to be extremely doubt.", "Firstly, only appellant Mahendra, empty handed, is alleged to have come to the building material shop of the deceased and not the other two.", "Further only an ornamental role of firing at the witnesses from a distance of 5/6 paces or even less than that without causing even a scratch to the witnesses, has been assigned to all of them.", "They are not alleged to have even attempted to cause injury to the deceased.", "It is too much to believe that 6 barrels fired by three appellants all of a sudden without allowing any chance to escape will not cause even one injury to any of three witnesses sitting very close by the deceased.", "What transpires is that the prosecution allegation with such an assertion was levelled only to rope in entire relatives of the widow who could be of same help to her.", "Next the presence of these accused were surfaced for the first time through the incident FIR, which was lodged after due consultation with the police.", "After reaching at the police station why the informant had also not handed over these arrested accused to the officer-in-charge of the police station is also an important circumstance casting doubt on the prosecution version.", "The delay was made in conveying to the police regarding the spot arrest of the three assailants and the same has not been explained at all by the prosecution and therefore, we seriously doubt the aforesaid allegation.", "The defence version seems to be quite probable because the un-naturalities and improbabilities cropped up in the prosecution case.", "We have already pointed out that all the fact witnesses had good reason to implicate the appellants being the helper of the widow and therefore, it can be said that false implication of the three appellants with spot arrest theory for ulterior motives is a mendacious version having not an iota of truth in it.", "Besides the aforesaid facts there has been no recovery from three appellants nor the Maruti van could be traced out.", "No record of the two police Constables regarding their picket duty has been filed.", "I.O. had not made any effort to investigate the crime justly and fairly and he had only recorded the parrot like statements of witnesses and had laid the charge sheet.", "No attempt was made to investigate the case at all from the angle of the accused defence so as to judge the reliability of prosecution case and rule out possibility of false implication.", "Turning to the impugned judgement we find that the learned trial court has fell in error in analysing the evidences pedantically and not dispassionately and seems to have been overawed by the allegation of spot arrest and day light incident.", "He has disbelieved presence of PW3 but for the same criticism has not disbelieved informant and PW2, whose presence at the spot are also extremely doubtful and suspect.", "Contradictions and improbabilities cropped up in the prosecution version have escaped it's attention and therefore we find ourselves in disagreement with his opinion.", "On an overall analysis, we find it very difficult to uphold the conviction of the appellants and in our view prosecution has miserably failed to bring home the charges against the appellants who all deserve to be acquitted.", "In the net result, both the appeals succeeds and are allowed.", "Impugned judgement of conviction and sentences of all the appellants, Mahendra Singh (A-1), Yogendra Singh (A-2), Pappu son of Kunwarpal (A-3), Chandra Pal (A-4) and Pappu son of Chandra Pal (A-5), dated 11.1.2002, recorded by Additional Sessions Judge, court no.5, Aligarh in S.T. No.1455 of 1996, state vs. Mahendra Singh and others, P.S. Khair, district Aligarh are set aside and all the appellants are acquitted of all the charges.", "Let a this judgement be certified to the trial court for its' intimation and follow up action at its end.", "Dt.18.12.2013 Rk/Arvind/Tamang-130 of 2002 and 135 of 2002" ]	[ "Section 147 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
1811092	[ "It is the contention of petitioner that he is resident of Kopargaon, Tq.", "Kopargaon, Dist.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "2. Rule.", "Rule made returnable forthwith.", "By consent of learned counsel for respective parties, the matter is taken up for final hearing, at the stage of admission.", "By the present Petition filed under Article 227 of the Constitution of India the petitioner prayed that the impugned order dated 23 April, 2010 passed by the respondent No.1 i.e. Principal rd Secretary (Appeals & Hearing), Home Department, State of Maharashtra, Mantralaya, Mumbai in Appeal No.EXT-2010/39/VS-5, thereby confirming the order dated 24th December, 2009 passed by the Respondent No.2 i.e. Sub-Divisional Magistrate, Sangamner Division, Sangamner, Dist.", "Ahmednagar vide externment order No. EX/SR/2/2009 be quashed and set aside.", "FACTUAL MATRIX :-", "Ahmednagar and was issued notice dated 15th April, 2009 by the Sub-Divisional Police Officer, Kopargaon, Camp Shirdi, to remove himself from the boundaries of Aurangabad, Nashik and Ahmednagar for the period of one year and directed him to show cause in that respect.", "It also ::: Downloaded on - 09/06/2013 16:16:10 ::: 3 appears that after hearing petitioner's advocate, the respondent No.2 passed an order on 24.12.2009 under Section 56(1) (a)(b) of Bombay Police Act, 1951 (hereinafter referred to as \"the said Act\") and directed the petitioner not to enter in the boundaries of three Districts namely Ahmednagar, Nashik and Aurangabad for the period of one year and copy of the said order is annexed herewith at Exh.", "A (page 8).", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Being aggrieved and dissatisfied with the said order dated 24.12.2009, the petitioner herein preferred Appeal No.", "However, the said appeal was heard and decided by respondent no.1 by passing order on 23 April, 2010 and thereby rd dismissed the petitioner's appeal and confirmed the order passed by respondent no.2 on 24.12.2009, copy of the said order passed by the Appellate Authority is produced at Exh.", "B (page 14).", "Accordingly, being aggrieved and dissatisfied by both said impugned orders dated 24.12.2009 passed by respondent no.2 and 23 April, 2010 passed by respondent no.1 Appellate Authority, rd the petitioner has preferred present Petition for quashment thereof.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "SUBMISSIONS :-", "Learned counsel for petitioner canvassed that the order dated 24.12.2009 passed by respondent no.2 discloses that two offences were registered against petitioner, i.e. C.R.No.", "I-237/2006 and another C.R.No.", "128/2007 under Section 379 of the Indian Penal Code and Sections 3 and 15 of the Environment (Protection) Act, 1986, pertaining to Kopargaon Police Station, District Ahmednagar and although he was acquitted from both said crimes on 31.12.2009 and 26.02.2010 respectively and although he had produced certified copies of both said judgments of acquittal before the appellate authority, the appellate authority-respondent No.1 did not consider the same in proper perspective and confirmed the order dated 24.12.2009 passed by respondent No.2 arbitrarily and without application of mind thereto.", "Learned counsel for the petitioner also submitted that no offences have been registered against the petitioner in respect of bodily injuries and danger to the society and there is nothing on record to show that the behaviour of petitioner is dangerous to the society.", "It is also canvassed that although it is observed in impugned order dated 23 April, 2010 passed by the Appellate Authority that behaviour and rd conduct of petitioner is criminal in nature, which comes under Chapter ::: Downloaded on - 09/06/2013 16:16:10 ::: 5 16 and 17 of Indian Penal Code, no offence has been registered against the petitioner under Chapter 16 of the Indian Penal Code.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Learned counsel for petitioner also invited my attention to the the aspect that, although above referred offences were registered against the petitioner at Kopargaon Police Station, Tq.", "Kopargaon, District Ahmednagar, he has been externed not only from Ahmednagar District but also from Nashik and Aurangabad by way of impugned order dated 24.12.2009 by respondent No.2 which was confirmed by Appellate Authority by order dated 23.4.2010 and accordingly, petitioner has been externed from the District of Nasik and Aurangabad without any reason therefor and without showing any data of criminal activities of petitioner in the said districts.", "Hence, it is submitted that the said orders have been passed excessively, without any jurisdiction and hence, same deserve to be quashed and set aside in toto.", "To substantiate the said contention, learned counsel for petitioner relied upon the observations made by the Division Bench of this Court in the case of \"Umar Mohamed Malbari V/s K.P. Gaikwad Dy.", "Commissioner of Police and another (1988 Mh.L.J. 1034)\", which are as ::: Downloaded on - 09/06/2013 16:16:10 ::: 6 follows :-", "::: Downloaded on - 09/06/2013 16:16:10 :::", "There the power of the High Court stops.", "It has no power to go further and to correct an excessive order passed by the Authority concerned.\"", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Learned counsel for petitioner also relied upon the observations made by this Court in the case of \"Punjaji Dagdu Gaikwad V/s State of Maharashtra and others\" {2001(3) Mh.L.J. 926}, wherein it is observed that \"an excessive order can undoubtedly be struck down because no greater restraint on personal liberty can be permitted than is reasonable in the circumstances of the case.", "Nevertheless, it was pointed out that the larger area may conceivably have to be comprised within the externment order so as to isolate the externee from his moorings.", "In the case under consideration, there does not appear to be any such data with relation to the five districts from where also the petitioner has been externed along with the area of the activities i.e. district Buldana.", "Therefore, the impugned order suffers from the vice of excessive externment from the five districts in respect of which no data was placed and the entire externment order is liable to be quashed.\"", "Accordingly, learned counsel for petitioner submits that the impugned orders dated 24.12.2009 and 23.04.2010 are bad in law and not tenable in law, since they have been passed excessively, without application of mind and therefore, same deserve to be quashed and set aside.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Learned A.P.P. for respondent nos.1 and 2 opposed present petition vehemently and submitted that impugned order dated 24.12.2009 was passed by respondent No.2, after following due procedure prescribed under the Police Act and after issuance of show cause notice to the petitioner.", "It is also submitted that order dated 24.12.2009 passed by respondent No.2, as well as impugned order dated 23.4.2010 passed by respondent No.1, appellate authority are reasoned and proper orders and same are based upon sound footing of law and therefore, no interference therein is warranted.", "Learned APP further canvassed that two cognizable offences were registered against petitioner of similar nature i.e. theft of sand which affects the environment of the area and the sand which is lifted amounting to theft by the petitioner from Godavari river bed, and ::: Downloaded on - 09/06/2013 16:16:10 ::: 9 the said river flows from three districts i.e. Ahmednagar, Nashik and Aurangabad.", "Godavari river is border of the said three districts and therefore, it is submitted that the externment order passed by the Sub-", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Divisional Magistrate, Sangamner i.e respondent No.2 to extern petitioner from these three districts is just, legal and proper and no interference therein is warranted in the writ jurisdiction.", "It is further submitted by respondents that petitioner is engaged in commission of offences involving force and violence under Chapter 16 and 17 of the Indian Penal Code and petitioner's behaviour is dangerous and causing harm to the persons and property of State, and therefore, nobody will come forward to give complaint against petitioner.", "Hence, considering all these aspects, it is submitted that the respondent No.2 i.e. Sub-Divisional Magistrate has rightly passed externment order which is legal, proper and reasoned one and same was rightly confirmed by the respondent No.1 State Government in appeal and said orders cannot be faulted with.", "Hence, it is submitted that present Petition bears no substance, same is devoid of any merits and therefore same be dismissed.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "CONSIDERATION :-", "I have perused impugned orders dated 24.12.2009 passed by respondent No.2 as well as dt. 23.4.2010 passed by respondent No.1 and heard learned respective counsel for the parties as well as gave thoughtful consideration to the observations made in the Rulings cited by learned counsel for petitioner.", "At the outset, there is no dispute that petitioner was acquitted from C.R. No.", "I-237/2006 and C.R. No.", "I-128/2007 by judgment and order dated 31.12.2009 and 26.02.2010, respectively and certified copy thereof were produced before the appellate authority before passing the impugned order dated 23.4.2010 by respondent No.1, but no cognizance of said acquittal was taken by the appellate authority, contending that said acquittals were after passing the impugned order dated 24.12.2009 by respondent No.2, and it was incumbent upon the appellate authority i.e. respondent No.1 to take due and proper cognizance of the said acquittals of the petitioner while passing impugned order dated 23.4.2010 but so was not done and therefore, impugned order dated 23.4.2010 appears to have been passed arbitrarily and erroneously and therefore, same is liable to be quashed and set aside on the said count, itself.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Moreover, impugned order dated 24.12.2009 discloses that C.R. No.", "I-237/2006 and I-128/2007 were registered against petitioner under Sections 3/15 of the Environment (Protection) Act and under sections 379 of Indian Penal Code respectively and it is apparent that both the said offences were registered against the petitioner, with Kopargaon Police Station, Dist.", "However, by impugned order dated 24.12.2009, petitioner herein was not only externed from District Ahmednagar but was also externed from two other districts i.e. Nashik and Aurangabad and apparently, there is no justification for externing petitioner from other two districts i.e. Nashik and Aurangabad since more particularly, when no data has been placed by the respondents in respect of the alleged criminal activities of the petitioner in the said two districts i.e. Nashik and Aurangabad.", "In the said context, it is submitted the allegations made against petitioner therein are in respect of theft of sand which is being lifted by him from Godavari river bed and Godavari river flows from three districts, and therefore, petitioner was externed from the said three districts i.e. Ahmednagar, Nashik and Aurangabad.", "However, as mentioned herein above, no data of the alleged criminal activities of petitioner of theft of sand from bed of Godavari river in other two districts i.e. Nashik and Aurangabad, ::: Downloaded on - 09/06/2013 16:16:10 ::: 12 has been produced by the respondents and and therefore, externment order passed by respondent no.2 externing petitioner beyond Ahmednagar district i.e. from District of Nashik and Aurangabad is excessive in jurisdiction, and therefore, in the circumstances, the entire externment order itself passed by respondent no.2 on 24.12.2009 and confirmation thereof by Appellate Authority i.e. respondent no.1 by order dated 23 April, 2010 deserves to be quashed and set aside rd relying upon the observations made in the aforesaid Rulings (cited supra).", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Besides that, although the apprehension is posed that petitioner is involved under Chapters 16 and 17 of the Indian Penal Code, learned counsel for petitioner pointed out that no offence has been registered against petitioner under Chapter 16 of the Indian Penal Code, and therefore, the apprehension posed by learned A.P.P. for respondents bears no substance.", "In the light of the aforesaid factual and legal position, I am of the view that the impugned orders are erroneous and unsustainable and therefore, I am inclined to accept the submissions advanced by learned counsel for petitioner and hence, present Petition succeeds and the above referred impugned orders dated 24th December, 2009 ::: Downloaded on - 09/06/2013 16:16:10 ::: 13 passed by respondent no.2 and dated 23 April, 2010 passed by rd respondent no.1 deserve to be quashed and set aside since this is fit case to exercise extra ordinary jurisdiction under Article 227 of the Constitution of India.", "::: Downloaded on - 09/06/2013 16:16:10 :::", "Rule is made absolute in the aforesaid terms.", "( SHRIHARI P. DAVARE ) JUDGE .....", "aaa/568.10 ::: Downloaded on - 09/06/2013 16:16:10 :::", "::: Downloaded on - 09/06/2013 16:16:10 :::" ]	[ "Section 379 in The Indian Penal Code" ]
181109775	[ "The petitioner was functioning as the Managing Director of Puducherry Road Transport Corporation Limited., Puducherry.", "The Government of Puducherry based on the office order issued by the Ministry of Environment and Forest, New Delhi, dated 21.02.2012, had issued an appointment order to the petitioner whereby appointed him as the Managing Director in Puducherry Road Transport Corporation Limited (PRTC), Puducherry, in G.O.Ms.", "The first respondent was running a parallel Government like Administration in disguise and has been dictating terms to the Puducherry Road Transport Corporation Limited (PRTC), Puducherry, in the matter of appointment of personnel, transfer of personnel and in the disciplinary proceedings.", "The conduct of the first respondent is not found to be acceptable and tenable to the petitioner and in view of that, the first respondent has dubiously adopted the otherwise course of method to force the petitioner to fall in line with terms of his wishes.", "The petitioner had not made any separate application whereby prescribing the salary slab should contain various heads.", "The Section Office in the Puducherry Road Transport Corporation Limited (PRTC) Puducherry, which has been dealing with the assignment of preparing pay bills had issued salary slabs.", "In that process, house rent allowance was also added.", "The petitioner has not paid the amount of Rs.3,91,458/- which have been given to the petitioner towards House Rent Allowance (HRA) along with the other heads in the salary.", "The first respondent has levelled incorrect and false allegations against the petitioner in the complaint preferred before the Chief Judicial Magistrate, Puducherry.", "The first respondent has given complaint against that petitioner with an ulterior motive to take vengeance against him for which action was taken against him.", "The petitioner had already repaid the money and there was no loss to the Puducherry Road Transport Corporation Limited (PRTC) Puducherry.", "The first respondent has given complaint with an ulterior motive and therefore, the petitioner has filed this petition to quash the proceedings in C.C.No.10 of 2017 on the file of the Chief Judicial Magistrate, Puducherry.", "Learned counsel for the petitioner would submit that when the petitioner was working as the Managing Director in Puducherry Road Transport Corporation Limited (PRTC) Puducherry, he had streamlined and modernized the entire Puducherry Road Transport Corporation Limited (PRTC) Puducherry in all angles for better utility and travelling public.", "The first respondent was running a parallel government like administration in disguise and was dictating terms to the Puducherry Road Transport Corporation Limited (PRTC) Puducherry, in the matter of appointment of personnel, transfer of personnel and in the disciplinary proceedings.", "Since the conduct of the first respondent was not found to be acceptable and tenable to the petitioner, he questioned the same.", "Hence, the first respondent with an ulterior motive made the complaint.", "The petitioner has not made any separate application and claimed house rent allowance inspite of allotment of official quarters.", "Therefore, the criminal case lodged against the petitioner in C.C.No.10 of 2017 is liable to be quashed.", "9. Learned counsel for the first respondent would submit that the petitioner was appointed as Managing Director in Puducherry Road Transport Corporation Limited (PRTC), Puducherry.", "While the petitioner was working in the Department of Forest, Puducherry, he was allotted a Housing Quarters, vide allotment order of Chief Secretary (Housing) No.2-16/2003hg, dated 26.06.2003 and the same allotment was continuing even after his deputation of his service to PRTC as its Managing Director.", "The petitioner while working as a Managing Director of PRTC was drawing the house rent allowance starting from Rs.12,564/- and Rs.12,942/- from the said corporation.", "The petitioner has drawn his housing allowance knowing fully well that he is not suppose to draw the housing allowance in his present position which is highly illegal.", "But the said act of the petitioner is highly illegal, unlawful and dishonest.", "The Chief Judicial Magistrate, Puducherry, after taking the same on his file, has called for the report from the second respondent and the second respondent filed the report before the Chief Judicial Magistrate, Puducherry.", "Now, case is pending before the Chief Judicial Magistrate, Puducherry and hence, this petitioner is before this court by filing this petition.", "The petitioner himself admitted that he claimed and drew the house rent allowance from the Puducherry Road Transport Corporation Limited (PRTC).", "This Criminal Original Petition has been filed to call for the entire records in C.C.No.10 of 2017 on the file of the learned Chief Judicial Magistrate, Puducherry for the charge of an offence under Section 420 of IPC against the petitioner and quash the same.", "The case of the petitioner is that the petitioner has been arrayed as A1 in the private complaint preferred by the first respondent in C.C.No.10 of 2017 for the offence punishable under Section 420 on the file of the learned Chief Judicial Magistrate, Puducherry, who has taken cognizance of the said private complaint and issued process to the petitioner for the charges of an offence punishable u/s.420 of IPC.", "The Sectionn Office of the concerned department which dealing with the assignment of preparing pay bills had issued salary slabs.", "However, the same was repaid by the petitioner and there was no loss to the Puducherry Road Transport Corporation Limited (PRTC) Puducherry.", "Therefore, he filed a private complaint before the Chief Judicial Magistrate, Puducherry.", "Mere repayment will not take away the offence committed by the petitioner.", "Heard both the learned counsel appearing for the petitioner and the respondents 1 and 2 and perused the available records.", "On perusal of the records, the first respondent, had filed a private complaint as against the petitioner and three others on the file of the learned Chief Judicial Magistrate, Puducherry.", "The said complaint was forwarded to the second respondent the Station House Officer, Vigilance and Anti-Corruption, Police Unit, Puducherry to enquire and submit a report on the same.", "Based on the report submitted by the second respondent, the learned Chief Judicial Magistrate, Puducherry, has taken cognizance for the offence under Section 420 r/w.", "Section 34 of IPC against the petitioner and others.", "Perusal of records reveal that the allegation made against the petitioner is that while he was working as Managing Director of PRTC, he was not supposed to draw housing allowance.", "But he had drawn the housing allowance inspite of allotment of official quarters and on that score, he had illegally gained Rs.1,54,170/- by unlawful and dishonest means.", "Further the perusal of the report submitted by the second respondent reveal that the petitioner has repaid the entire amount which he had received in excess and despite these facts, it was recommended to initiate departmental proceedings against the petitioner.", "On perusal of the records and also as admitted by the petitioner himself that the petitioner claimed a sum of Rs.1,54,170/- as housing allowance and since he has repaid the amount after the complaint, it seems to be admitted that he has claimed the amount for which he was not actually entitled to.", "Further, the records reveals that the first respondent complained before the second respondent.", "Since the second respondent did not take any steps, the first respondent filed a private complaint before the Chief Judicial Magistrate, Puducherry, who has called for the report from the second respondent and after enquiy, the second respondent had filed the report before the Chief Judicial Magistrate, Puducherry.", "Further, the report of the second respondent reveals that the petitioner claimed a sum of Rs.3,91,458/- towards house rent allowance.", "On the question raised by the public through RTI, the petitioner came forward to repay the amount of Rs.3,91,458/- and instructed the Accounts Section to receive and deposit the same in Government house rent allowance account and subsequently he has repaid the same.", "Further, once he admitted the drawal of house rent allowance, it is up to the petitioner to establish as to whether he received the amount without any malafide intention.", "Further, it is to be seen as to whether the house rent allowance was drawn knowing fully well that he is not entitled to and cheated the Government has to be decided only after the trial.", "However, he has been arrayed as an accused in C.C.No.10/2017 and whatever the defence available to him, he can putforth the same before the trial court during the trial since there is a specific allegation against the petitioner and the petitioner also admitted the drawal of the amount and also repaid the same.", "In the light of the above, this court finds no valid grounds to quash the case in C.C.No.10 of 2017 and this Criminal Original Petition is liable to be dismissed.", "In the result, this Criminal Original Petition is dismissed.", "Consequently, connected miscellaneous petitions are closed.", "The Chief Judicial Magistrate, Puducherry.", "2. .The Station House Officer, Vigilance and Anti-Corruption, Police Unit, Puducherry.", "The Public Prosecutor, High Court, Madras, Chennai.", "gvPre-delivery Order made in CRL.OP.No.5056 OF 2017andCRL.MP.Nos.3761 & 3762 of 201727.07.2017" ]	[ "Section 420 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
18111391	[ "Swatanter Kumar, J.", "Facts in Brief", "One Shri Baldevraj Seth was working as Chief Track Engineer, SouthCentral Railway.", "He was living in Bungalow No.100, Railways Officer’sColony, South Lalaguda of Secunderabad, the official residence allotted tohim along with his family members, i.e., his wife, Prabha Seth, son, MasterRishab Seth and daughter Kanika Seth.", "Accused Chandra Bhushan Upadhyay(Accused No.1) was working as office peon in South Central Railways,Secunderabad and was attached to the bungalow of Shri Baldevraj Seth forthe last 7 years.", "Accused No.1 was married in the year 1997 and wasresiding in the servant quarters of the said bungalow.", "In fact, he hadbeen given two servant quarters.", "The wife of accusedNo.1, on the occasion of dussehra festival, went to her native place inBihar, to which all the accused belong.", "After her departure, accused No.1became more arrogant.", "Nearly a week before the occurrence, Smt. PrabhaSeth had scolded accused No.1 for his shabby looks and had asked him tohave a haircut.", "This aggravated the grudge of accused No.1 towards her.", "On the very next day, accused No.1 met his elder brother’s son, Munna KumarUpadhyay (Accused No.2), his brother-in-law, Maheshwar Upadhyay (AccusedNo.4) and their friend, Monu Singh (Accused No.3).", "As already noticed, allof them belong to the same village in the State of Bihar.", "Accused No.3 wasworking in Bharat Steels.", "Because of the serious grudge of accused No.1towards Smt. Prabha Seth, they all planned to kill the entire family ofShri Baldevraj Seth and to decamp with the gold ornaments, etc.", "In furtherance to their plan, accused No.1 is stated to havepurchased two knives from a road side hawker in the market.", "He also toldAccused Nos.2 to 4 to come to the bungalow in the morning of the nextMonday to execute their plan.", "On 17th March, 2003, at about 9.30 a.m.", ",Baldevraj Seth left for his office.", "At about 10 a.m., accused No.2 to 4came to the entrance of the bungalow, not permitting their entry from themain gate, accused No.1 took them to the bathroom in the back varandah andclosed the door.", "Accused No.1 closed all the doors from inside.", "He didnot permit the washerwoman to come inside the house and gave her clothesfrom outside.", "When the maid servants who used to come to the houseeveryday to clean the house, came at their respective times, they were sentback by accused No.1 on the pretext that Smt. Prabha Seth wanted the houseto be cleaned with acid and phenyl and therefore, they should come onanother day.", "A carpenter, Janagama Maheshwar, PW23 had also come to thepremises for fixing some poster beds.", "However, accused No.1 did not permithim to come into the house and when the carpenter insisted on completingthe work, accused No.1 told him that Smt. Prabha Seth was not well and doesnot want to be disturbed.", "At about 10.30 a.m., Smt. Prabha Seth went intothe bathroom.", "ACCUSED NO.1 went to the room of Master Rishab, who waswatching the television, and on the pretext of showing him something,called him to another bathroom.", "When Rishab reached the bathroom, accusedNos.2 to 4 held the boy while accused No.1 cut his throat, as a result ofwhich he died instantaneously.", "His body was kept in the bathroom itself.", "Thereafter when Smt. Prabha Seth came out of the bathroom, accused No.1immediately attacked her and accused No.3, Monu Singh, opened fire on herwith a countrymade pistol.", "When she was trying to get free from the gripof accused No.1, there was a scuffle and because of the resultant misfire,accused No.3 himself received injury on his leg.", "Then, accused No.1, withthe knife, succeeded in cutting the throat of Smt. Prabha Seth.", "Thereafter, the accused shifted her body also to the bathroom.", "AccusedNo.1 cleaned the blood stains from the room and watched for Kanika Seth,daughter of Baldevraj Seth, to arrive.", "She arrived at 11.45 a.m. from theschool.", "When she pressed the call button, accused No.1 directed her toenter from the back door.", "The moment she stepped in, accused Nos.2 and 4held her and accused No.1 cut her throat with a knife, as a result of whichshe collapsed.", "Her body was then shifted to the bathroom.", "After killingthese three members of the family, they ran towards the bedroom, opened thealmirah, took gold ornaments like necklace, chains, rings, wrist watch andnet cash of Rs.44,560/-, which they distributed among themselves.", "Accused No.3, Monu Singh was bleeding as a result of the bulletinjury that he suffered.", "The other accused took him to the premises ofBharat Steel, where he was working as a security guard.", "There, oneShashidhar Pandey advised them to take accused No.3 to a doctor.", "Thedoctor, after observing the injury of accused No.3, asked them to shift thepatient to Gandhi Hospital, Secunderabad.", "In fact, the doctor helped themto get admitted and receive the treatment.", "accused No.1 gave Rs.2,000/-to the said doctor for medical expenses and after giving that money,accused Nos.1, 2 and 4 left the place.", "Accuse No.1 sent away Pandu, thewatchman, who had come to the residence of Baldevraj Seth, on the pretextof securing sweets.", "At about 6.50 p.m., Baldevraj Seth, returned from hisoffice to his bungalow.", "He noticed that the lights of the bungalow wereoff.", "As a routine, the driver used to bring the briefcase of BaldevrajSeth inside the bungalow, but on that day, he was prevented from doing soby Accused No.1, who brought the briefcase inside himself.", "BaldevrajSeth, entered the house and immediately thereafter, accused fired at himand killed him.", "After killing him, he shifted his body also into thebathroom and cleaned the floor of the hall with phenyl and acid.", "Hecalled Smt. Anju, accused No.5, who is his sister and was residing withhim, to clean the floor, whereafter accused No.1 went away to MahindraHills to meet his brother in law.", "Thereafter, accused Nos.1, 2 and 4returned to the bungalow and found that Pandu, the watchman was sleeping inthe guardroom at the main gate.", "The accused waited there and at about 11p.m. and then they took the car from the garage, shifted the dead bodies tothe car putting the body of Baldevraj Seth in the dickey of the car.", "Accuse Nos.1 and 2 took the car near the railway garage.", "They also dumpedtheir blood stained clothes, as well as those of the deceased, in the car.", "After taking the car near the railway tracks at SP Nagar, Malkajgiri, andparking there, accused Nos.1 and 2 came back to Tarnaka to buy petrol.", "Accused No.2 purchased ten litres of petrol at Osmania University fillingstation, Tarnaka.", "They brought the petrol to the place where the accusedhad parked the car, put the petrol on the car and burnt the dead bodieswith the car.", "Thereafter, accused No.1 returned to the bungalow.", "Upon returning,in the next morning at 6 a.m., the accused informed the neighbour, oneSanjay Kumar Mishra (PW3) and others that Baldevraj Seth had gone with hisfamily for dinner outside, on 17th March, 2003 at about 7.30 p.m. and didnot return again.", "On 18th March, 2003 at about 6.45 a.m., MunicipalCounsellor, PW-1 made a report in Malkajgiri Police Station stating that hehad come to know that a car was in flames at SP Nagar Road, Malkajgiri,near Railway water tank.", "The Maruti car was completely burnt and somedead bodies were found in the car, so PW-1 requested the police to takenecessary action.", "Upon this, Sub-Inspector of Police, Malkajgiri, PW-47registered a case under Sections 302, 201 IPC noted the engine No. andchassis No. of the vehicle and thereby traced the owner.", "The dog squadwas also put into service.", "In the meanwhile, the Chief Engineer alongwith other senior officers visited the spot and informed the police thatone Meenal Seth, PW-12, the other daughter of Baldevraj Seth, was on theway from Delhi to Hyderabad in Rajdhani Express and had telephoned themstating that she was calling the phone numbers of the family members, butno one was responding.", "Thus, he had sent his peon to the house ofBaldevraj Seth.", "However, accused No.1 had given him the same excuse thathe had given to the neighbours that the family had gone out.", "In themorning, he had been told that the family had not returned.", "The deadbodies, on the basis of the articles recovered from the car itself, wereidentified.", "After establishing the identity of the deceased, theinvestigating officer prepared the inquest report and started theinvestigation.", "During the course of investigation, the investigating officerrecorded the statements of different witnesses.", "From the very initialstages, accused No.1 appears to have been the prime suspect.", "It was forthis reason that Pandu, PW8 had informed the investigating officer that hewas not permitted to enter the bungalow and the accused had insisted thathe remain at the front gate and he was then sent to buy sweets, which hegave to Accused No.5 on his return.", "When the bungalow of the deceased wasexamined, at number of places, blood marks were found sprinkled on the walland the floor had become sticky as it had been washed with phenyl and acid.", "He also admitted that the offence wascommitted with the assistance of Accused Nos.2 to 4 and Accused No.5.The cell phone and the knife which were used in the commission of the crimewere thrown by the accused in the dustbin near the church at Mettuguda.", "In furtherance to the confessional statement of the accused and at hisinstance, the cell phone, a portion of the gold ornaments, cash and knifewere recovered.", "According to this witness, he had received therequisition from the Commissioner of Police, Cyberabad for performing DNAtest.", "He stated that he conducted the DNA test on the items which werereceived by him.", "The analysis was taken up by organic extraction processand thereby he could establish the identity of deceased, Kanika Seth andPrabha Seth as also the involvement of Monu Singh, accused No. 3 afterexamination of the submitted blood samples.", "Similarly, Janagana Maheshwar, carpenter, PW-23, who hadcome to repair the wooden bedsteads was again not allowed admission intothe house and was sent away to work outside, on the pretext that PrabhaSeth was not feeling well and did not want to be disturbed.", "PW-3identified accused No.1, accused No.2 and accused No.5 as he had seen themin the bungalow on various occasions.", "PW-4, Sabita also stated that shewas working as a maid servant for sweeping and mopping the floor of thebungalow and on the fateful day, was not permitted by accused No.1 to doher routine job.", "She found that the rear door from where she used to enterthe house normally had been closed from inside and after she called for theaccused, he asked her to go away because Prabha Seth was not feeling well.", "The followingportion of the statement of PW-6, in fact, completely brings out theinvolvement of accused No. 1 in the commission of the crime.", "“Then A1 asserted that madam had gone to a movie, got wild and in an angry mood asked me to go away.", "I noticed the floor of the hall sticky and wet.", "Then I asked A1 why the floor in the hall is sticky and wet.", "A1 replied me that madam asked him to clean the floor of the hall with an acid and accordingly he washed the floor of the hall with an acid and asked me to go away, in an angry mood.", "Then I returned home.", "As soon as I came out of the house, A1 closed the rear door from inside.", "I returned to my house.", "On the next day i.e. on 18-03-2003 at about 7.30 a.m., I was returning home by purchasing milk from a nearby milk booth.", "I found A1 and the wife of PW3 talking with each other.", "She was asking A1 whether B.R. Seth and his family members had come back or they gave any information through telephone, for which A1 replied her that Seth and his family members have not come back.", "I returned to my house.", "At about 11.00 a.m. on 18-03-2003, police officials and railway official came to the official bungalow of B.R. Seth.", "Then I came to know about the death of B.R. Seth and his family.”", "She was travelling from Delhito Secunderabad by train.", "A number of times, she claims to have called upthe numbers of her father and other family members, but none responded.", "Upon this, she had rang up PW-3 to find out what had happened.", "It wasonly on her arrival at Secunderabad that she came to know about theunfortunate event where her entire family had been murdered by the accused.", "Accused had disappeared from the premises in question.", "Prior thereto,he had even told the neighbour, who made enquiry in furtherance to thephone calls by PW-12, that Baldevraj Seth and the family had gone out inthe car on the evening of 17th March, 2003, but had never returned back.", "This witness duly identified MO 74, theplastic cane in which he had given petrol to the accused.", "On the basis of the information supplied by accusedNo.1, accused No.5 was also arrested and gold ornaments were seized fromher.", "At the instance of Accused No.2, one country made revolver and one7.62 M rib and OFV 9208 live cartridge, which were hidden near the railwaytrack, were recovered and seized along with the portion of the goldornaments recovered from him.", "The detailed confessional statement andseizure reports were prepared in the presence of witnesses.", "Finger printsof accused Nos.1 to 5 were collected and sent for comparison with that ofchance prints obtained from the house of Baldevraj Seth.", "Uponrecognition, forensic science experts, headed by Dr. Rajagopal Reddy,Professor of Forensic Medicine, Gandhi Medical College, Hyderabad visitedthe spot and held autopsy.", "The incriminating articles and othercollected materials were also sent for DNA Analysis to the laboratory.", "The investigating officer recorded the statement of a number of witnesses,obtained the report from the laboratory and finally filed the charge-sheetbefore the court of competent jurisdiction.", "All the accused werecommitted to the Court of Sessions, which charged the accused as follows:-", "“Against A1 – Under Sections 302, 201, 435, 380 or alternatively U/s 411 IPC and U/s 25(1)(a) and 27 of Arms Act.", "Against A2 – Under section 302, 302 R/w 34, 201, 435, 380 or alternatively 411 IPC.", "Against A3 – Under section 302, 380 or alternatively 411 IPC and 25(1)(a) and 27 of Arms Act.", "Against A4 – Under Section 302, 302 R/w 34, 201, 380 or alternatively U/s 411 IPC.", "Against A5 – Under Section 201, 380 or alternatively U/s 411 IPC.”", "They were tried in accordance with law and by a very detailedjudgment dated 24th January, 2007, the trial court found all the accusedguilty of different offences as charged and punished them as follows:-", "“a) A1 (Chandra Bushan Upadhyay) is sentenced to death for the offence U/s 302 IPC.", "A1 is also sentenced to suffer R.I. for 3 years each for the other offences U/ss. 201, 435, 411 IPC and section 25(1) (a) and 27(1) of Arms Act. All these sentences shall run concurrently.", "b) A2 (Munna Kumar Upadhyay @ Munna Upadhyaya) is sentenced to suffer imprisonment for life for the offence U/s.", "302 R/w 34 IPC.", "He is also sentenced to suffer RI for 3 years each for the offences U/ss. 201, 435 and 411 IPC.", "All the sentences shall run concurrently.", "c) A3 (Monu Singh) is sentenced to suffer imprisonment for life for the offence U/s.", "302 R/w 34 IPC.", "He is also sentenced to suffer R.I. for 3 years each for the offences U/ss.", "411 IPC and 25(1)(a), 27 of the Arms Act. All the sentences shall run concurrently.", "d) A4 (Maheshwar Upadhyay) is sentenced to suffer imprisonment for life for the offence U/s.", "302 R/w 34 IPC.", "He is also sentenced to suffer R.I. for 3 years each for the offences U/ss. 201, and 411 IPC.", "All the sentences shall run concurrently.", "e) A5 (Smt. Anju Choubey) is sentenced to suffer R.I. for 3 years each for the offence U/s 201 and 411 IPC respectively.", "The period of detention already undergone by A5 shall be given set off against the sentence imposed as per Sec. 428 Cr.PC.", "Both the sentences shall run concurrently.”", "Being aggrieved from the judgment of the trial court, all the accusedpreferred an appeal before the High Court.", "The High Court, vide itsjudgment dated 28th March, 2007, acquitted the Accused Nos 3 and 4, namely,Monu Singh and Maheshwar Upadhyay, of all offences with which they werecharged.", "However, it affirmed the conviction of accused No.1, ChandraBhushan Upadhyay, accused No.2, Munna Kumar Upadhyay and accused No.5, AnjuChoubey.", "While dealing with the order of sentence, the High Court partiallyaccepted the plea of accused No. 1 and commuted the death sentence awardedto him by the trial court, to life imprisonment.", "Accused No. 5 had onlybeen convicted for the offence under Sections 201 and 411 IPC and she hasnot preferred any appeal before this Court.", "The State has also notpreferred any appeal before this Court against the acquittal of accusedNos.", "Thus, the courts could not have relied upon the identification parade in returning a finding of guilt against the accused.", "D. Lastly, the contention is that the acquittal of accused Nos. 3 and 4 by the High Court on merits is clear indication that the prosecution has failed to prove its case beyond reasonable doubt.", "Thus, the High Court ought to have acquitted the present appellant as well.", "Thus, thereis a definite requirement of law that a heavy onus upon the prosecution bedischarged to prove the complete chain of events and circumstances whichwill establish the offence and would undoubtedly only point towards theguilt of the accused.", "To prove this chain of events, prosecution hadexamined as many as 49 witnesses.", "This ocular evidence is obviously in additionto the documentary and expert evidence brought by the prosecution onrecord.", "According to thiswitness, he was working as a helper in the University Filling Stationpetrol pump.", "On the evening of 17/18th March,2003, at about 12.30 – 1.00 a.m. accused No. 2 had come to the petrol pumpand asked for 10 litres of petrol.", "Accused No. 2 was carrying a plasticcontainer for that purpose.", "Upon enquiry from this witness, he told thiswitness that he needed the petrol because his family was travelling in acar and the petrol in the car had finished.", "On this pretext, he purchased10 litres of petrol.", "Accused No. 2 paid this witness Rs.350/- and had tocollect Rs.3 as change.", "When PW-25 was looking for the change, the accuseddid not wait and went away.", "This petrol,according to the prosecution, had been used in burning the car as well asthe dead bodies of the deceased persons.", "PW36, M. Sanjiv Kumar, is theforensic expert who had been sent various items collected from the scene ofthe car.", "According to him, he was asked to analyze for detection offlammable material on these items.", "Upon analysis, he gave a report thatthe items 1 to 8, 24 and 31 were detected for flammable material.", "From theburnt clothes, he reported that they bore traces of flammable material.", "Smell of petrol was also present at the scene and this fact stood confirmedby the statement of PW48, the Investigating Officer.", "Thus, it is clearthat accused No. 2 had taken the petrol from the petrol pump and used it,along with other accused, for the purpose of putting the car and the deadbodies of the deceased persons on fire.", "PW45, another forensic expert, had found human blood in the roomswhere the crime was committed and also on the items which were sent to himfor his opinion.", "The presence of human blood (B+) on these items,including the clothes which were sent for serological examination, clearlyindicates that in that house, murder of some human being had beencommitted.", "Identities of those human beings stands completely establishednot only by expert evidence but by the evidence of the neighbours also.", "Heexpressed his opinion that item No. 2 was a live cartridge and he opinedthat it was a country made pistol with 7.62 MM calibre and that thecartridges recovered had been fired from the recovered pistol.", "The learned counsel appearing for the appellant had argued with somevehemence that the reliance placed by the High Court on the evidencerelating to finger prints is misplaced, as it has not even been proved inaccordance with law.", "PW-38, the finger print expert had visited the site and lifted somechance finger prints on the steel almirahs from near the inner lock doorand another set of finger prints from the rear side of the bathroom.", "These finger prints were sentto the forensic laboratory to be compared with the chance finger printsthat had been lifted by the expert.", "The Investigating Officer had sentthem vide Ext. P52 to the finger print expert.", "This expert wasexamined as PW38 in the Court.", "In his statement, he clearly stated thathe had not found any chance print, either on the plastic tin or on theburnt car, but with regard to the chance finger prints collected from thebungalow, i.e. inner lock door of steel almirah and the back door of thehouse, he clearly stated that those matched the finger print slipcontaining the finger prints of Munna Kumar Upadhyay (accused No. 2), whichare marked as “P”.", "This witness was cross-examined at length, without anymaterial to favour the accused.", "Even in his cross-examination, he clearlystated that when they went to the bungalow, the steel almirah of thebedroom was open.", "No suggestion was put to this witness in his cross-examination thathe never went to the site, never collected the finger prints or that thefinger prints of the accused were never sent by the police to him.", "We mayalso notice that, even to the investigating officer, this suggestion wasnever put.", "The attempt on behalf of the accused to object to the evidenceof the finger prints on the ground that the investigating officer has nottold in his examination-in-chief that he had taken the finger prints of theaccused and sent them to the expert does not carry much weight in view ofthe above documentary, ocular and expert evidence.", "It was expected of theInvestigating Officer to make a statement in that behalf, but absence ofsuch statement would not weight so much against the prosecution that thecourt should be persuaded to reject the evidence of PW38 along with theclinching evidence of Ext. P-52, P-72 and P-73 respectively.", "There iscorroborating evidence of the prosecution witnesses on the one hand, and onthe other, evidence of PW-12, the daughter of the deceased, who identifiedthe gold ornaments, which were stolen by the accused from the almirah, asbelonging to her deceased mother and which were recovered from thepossession of accused persons.", "The explanation attempted to be given for the presence of the fingerprints on the handle of the almirah situated inside the room of the deceased does not inspire any confidence whatsoever.", "In a way, it is the said evidence which scientifically establishes beyond doubt that the appellant was present in the room in which the [pic]deceased was found after her death and had been identified as such not only by PW 2, who actually saw him in the house immediately after Jayashri was murdered, but also by PWs 10 and 11, who saw him coming out of the house at the relevant point of time with the bag in his hand.", "The accused persons,particularly, accused Nos. 1, 2 and 3 have suffered physical injury.", "Accused No. 3 had even suffered bullet injury which has been proved onrecord by the statement of PW-46, the doctor, as also PW-33 and PW-43, alldoctors.", "PW-18, who was running a clinic in the name of “Baba Clinic”NFC Main Road, stated that he knew the accused and on 17th March, 2003, theaccused persons had come to his residence and informed him that accusedNo.3 had suffered injury on account of a fall due to drunken stage.", "Afterexamining accused No.3, he found two bullet gun shots on the left leg ofaccused No.3, who was also in intoxicated condition.", "They were sent tohospital for treatment and they paid money for treatment.", "Thereafter,leaving Accused No. 3 in the hospital, the rest of the accused wentmissing.", "These are the circumstances which connect the accused personswith the crime.", "The High Court has declined to rely upon any of the extra judicialconfessions made by the accused persons to various other persons.", "It isstated by the prosecution that the Panch witnesses P. Chiranjeevi, PW-41and Sudarshan Rao, PW-34 were called to the bungalow by the investigatingofficer PW-49, and it was this mediator Shri P. Chiranjeevi, PW-41 who madeinquiries.", "When the inquiry was made from Accused No. 1, Accused No. 1 isvoluntarily stated to have confessed to opening the almirah and taking outthe cash and jewellery.", "He also confessed that he had murdered thedeceased and had hid the knife and cell phone in the MCH dustbin nearMettuguda.", "In furtherance to his statement Ext. P-37, recoveries were alsoeffected.", "Accused No. 2 had also made a confessional statement to Panchas.", "From the statements of accused No. 2, they had got recovered the cartridgesand pistol, etc. also.", "PW33, Dr. D. Sudha Rani who had treated the accused for theirinjuries, stated in her statement that the accused persons had told herthat they had suffered injuries on 17th March, 2003 while committing themurder and at different times, when they killed each of the deceased.", "The statements in so far as they concern the use of various articlesin commission of crime and recovery of such articles and stolen items,would form a valid and admissible piece of evidence for the considerationof the court.", "The history given to the doctor at the time of treatmentwould not be strictly an extra judicial confession, but would be a relevantpiece of evidence, as these documents had been prepared by PW33 in thenormal course of her business.", "Thus,it was for the accused to explain this aspect." ]	[ "Section 313 in The Indian Penal Code", "Section 201 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 411 in The Indian Penal Code", "Section 380 in The Indian Penal Code" ]
181115569	[ "1 127 01.11.2019 ss Allowed C.R.M. 9807 of 2019 In the matter of : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 27.09.2019 in connection with Udaynarayanpur P.S. Case No. 70 of 2019 dated 07.07.2019 under sections 341/326/326B/307/34 of the Indian Penal Code and sections 25/27 of the Arms Act.", "And In the matter of : Soumen Karati & Ors.", "This application for anticipatory bail is, thus, disposed of.", "(Manojit Mandal, J.) (Joymalya Bagchi, J.)" ]	[ "Section 326 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 341 in The Indian Penal Code" ]
181115799	[ "Hon'ble Umesh Kumar,J.", "(Delivered by Umesh Kumar, J)", "This appeal has been filed against the Judgment and order dated 31.8.2004 passed by Additional Sessions Judge (Fast Track), Maharajganj in Sessions Trial No. 218 of 2003 by which accused-appellant Gopal was convicted under Section 302 I.P.C. for life with fine of Rs. 50,000/- and in default thereof imprisonment for one year; under Section 323 I.P.C. for six months with fine of Rs.1,000/- and in default thereof two months rigorous imprisonment; under Section 324 I.P.C. one year imprisonment with fine of Rs.5,000/- and in default thereof six months imprisonment; and lastly, under Section 326 I.P.C. for seven years rigorous imprisonment with fine of Rs.10,000/- and in default thereof one year further imprisonment.", "All the sentences were directed to run concurrently.", "2. Prosecution story, in nutshell, is that informant (P.W.4) Ganga Prasad, who is the Gram Pradhan of Gram Panchayat Dhani, presented a written report at Police Station Vrijmanganj, District Maharajganj alleging that on 6.8.2003 at about 5 a.m. Gopal, son of Nand Kishor due to financial conflict assaulted his brother-in-law Govind son of Ram Lakhan with pointed rod whereby Govind sustained grievous injuries on his eyes.", "Upon hues and cries of the children of injured, Gopal further assaulted his niece Pattu @ Girija and nephew Raghav with the said pointed rod and both of them were grievously injured.", "All the three were sent to the District Hospital Gorakhpur in critical condition same day.", "This incident was witnessed and heard by several persons.", "As none of the family members of injured Govind was available, he being village pradhan gave this information.", "On the said written report, on 7.8.2003 at about 9.30 a.m., an F.I.R. was registered as Case Crime No. 315 of 2003 under Section 323, 324, 326 I.P.C. During treatment, injured Anand Kand @ Govind expired on 7.8.2003 at about 8.45 a.m. An information about his death was communicated to the police that was entered in G.D. No. 17 at 10 a.m. on 7.8.2003 (Ext. Ka-16) and thereafter by G.D. No. 19 at 12.30 a.m. on 9.8.2003, offence was converted under Section 304 I.P.C., i.e., (Ext. Ka-17).", "P.W. 11 Dr. Ghanshyam Singh medically examined the injured/deceased Anand Kand @ Govind and found the following injuries:-", "^^1- 3 bulkbtM ?kko tks 2 lseh- x 22 ls-eh- x elyMhi nkfguh vkWa[k ds ckgjh fgLls esa Fkh] nkfguh vkW[k CySd gks x;h Fkh] [kwu te dj dkyk gks x;k FkkA 2- dbZ QVs gq;s ?kko tks 1-00 lseh-x 0-5 lseh- x fLduMhi Vw ely rd] tks 6 ls-eh- x 3 ls-eh- ds {ks=Qy esa cka;h vkWa[k ds Åij Fkk] ftlls [kwu fudy jgk Fkk o ck;ha vkW[k [kqy ugha jgh Fkh] ftls vkWa[k ds MkDVj dks fn[kkus dh lykg nh x;hA 3- ,d QVk gqvk ?kko] tks 2 ls-eh- x 0-5 lseh- x elyMhi] tks nkfguh dku ds vkxs Fkk] [kwu fudy jgk FkkA 4- ,d iapMZ ¼?kksik½ gqvk ?kko tks 0-5 lseh- x 0-2 lseh x elyMhi] tks xnZu ds nkfgus rjQ Fkk] [kwu fudy jgk FkkA 5- ,d QVk gqvk ?kko tks 3 ls-eh- x 0-5 ls-eh- LdsyMhi] tks flj ds nkfguh rjQ nkfgus dku ds Åijh fgLls ls 5 ls-eh- Åij Fkk] [kwu fudy jgk FkkA ejht csgks'k Fkk vkSj eWqg ls cksydj dksbZ tokc ugha ns jgk FkkA pksV uaa0 1]3]4 /kkjnkj uqdhyh pht ls rFkk pksV ua0 2] 5 fdlh dqUnkys ls igWqpkbZ x;h FkhA lHkh pksVsa rkth Fkh] pksVksa dh xEHkhjrk dks ns[krs gq;s lHkh pksVsa MkDVj }kjk fuxjkuh esa j[kh x;hA fnukWd 06-08-03 dks gh 9%20 cts ,-,e- ij jk?ko dk fpfdRlh; ijh{k.k MkDVj }kjk fd;k x;k] mlds 'kjhj ij ijh{k.k ds le; fuEu pksVsa Ikk;h x;hA 1- ,d bulkbtM ?kko 2 ls-eh- x 0-05 ls-eh- x LdsyMhi] tks [kksiM+h ds nkfgus rjQ Fkk] [kwu cg jgk Fkk] ,Dl js dh lykg nh x;hA 2- ,d QVk gqvk ?kko tks 2 ls-eh- x -5 lseh x LdsyMhi] tks nkfguh rjQ [kksiM+h ds fiNys fgLls esa pksV ua0 &1 ls 10 ls-eh- ihNs Fkh] [kwu cg jgk Fkk] ,Dl&js dh lykg nh x;hA 3- ,d QVk gqvk ?kko 1 ls-eh- x 0-5 ls-eh- x elyMhi tks ihB ij nkfgus rjQ Fkk] [kwu cg jgk FkkA nkfguh vka[k CySd FkhA ejht csgks'k FkkA MkDVj dh jk; esa pksV ua0& 1 /kkjnkj gfFk;kj ls vk;h Fkh] ckdh nksuksa pksV fdlh dqUnkys ls vk;h Fkh] pksVksa dh xEHkhjrk dks ns[krs gq;s MkDVj }kjk mls vius fuxjkuh esa j[kh x;hA fnUkkad 06-08-2003 dks fnu esa 9%30 ,-,e- ij MkDVj }kjk fxjtk iq=h vkuUndUn dh pksVksa dk MkDVjh ijh{k.k fd;k x;kA mlds 'kjhj ij fuEu pksVsa ik;h x;hA 1- bulkbTM ?kko 2 ls-eh x 5 ls-eh- x LdsyMhi tks [kksiM+h ds cWk;s rjQ ckW;sa dku ds Åijh fgLls ls 8 ls-eh- Åij FkkA 2- ,d QVk gqvk ?kko tks 3 ls-eh- x 5 ls-eh- x ekWl dh xgjkbZ rd] tks [kksiM+h ds cka;s rjQ] pksV ua0& 1 ls 5 ls-eh- ihNs dh rjQ Fkk] [kwu cg jgk FkkA 3- ,d ¼?kksik½ gqvk ?kko] tks 0-5 ls-eh- x 0-5 ls-eh- x elyMhi] tks xnZu ds ckW;h rjQ Fkh] [kwu cg jgk FkkA pksV ua0&1 o 3 fdlh /kkjnkj gfFk;kj ls vk;h Fkh o pksV ua0& 3 fdlh dqUnkys ls vk;h FkhA pksV lk/kkj.k Fkh o rkth FkhA After death of the deceased Anandkand @ Govind, inquest was conducted, i.e., Ext. Ka-11 and other relevant record such as police prapatra 13 (Ext. Ka-12), letter to Inspector (Ext. Ka-13), letter to C.M.O. (Ext. Ka-14), Naksha-nash (Ext. Ka-15) by the Investigating Officer Virendra Bahadur Singh (P.W.13).", "Recovery memo of kathri blood-stained and plain earth (Ext.Ka-8) was prepared by the Investigating Officer.", "Recovery of rod/sariya was made at the pointing out of Gopal and recovery memo (Ext. Ka-7) was prepared in presence of Kashid Ali (P.W.8) and Deen Dayal (P.W.10).", "During investigation, site plan (Ext. Ka-6) was prepared by the Investigating Officer.", "\" lk{kh us U;k;ky; ds le{k vius lj dks >qdkdj pksV dks fn[kkbZ rks pksV ck, dku ds 6 lh-,e- uhps dku ds uhps lh/khbZ es ck, dU/ks ls mij pksV dk fu'kku o xys es ck, rjQ pksV dk fu'kku vkt Hkh ekStwn gS U;k;ky; us voyksdu fd;kA ekek xksiky dks ikik ds lj es o vka[k ds cxy es uqdhyh lfj;k ls ekjrs ns[kk FkkA HkkbZ jk?ko dks lj ij ihNs dh rjQ ihB ij uqdhyh lfj;k ls pksV yxh FkhA This witness stated that accused Gopal assaulted her father on head and near eyes by sharp edged iron rod.", "She explained injuries of his brother also.", "The witness gave description of sariya by saying that ' sariya' is an iron rod about 2 and half feet which is commonly used for killing snakes and this iron rod was kept in the room where accused-Gopal resides.", "She explained mode and manner of assault on her father and her brother by accused.", "P.W. 12 Dr. U.C.Pandey conducted autopsy of the body of deceased-Anand Kand and proved the autopsy report (Ext. Ka-5).", "P.W.13 is the investigating officer who conducted investigation, recorded statements of witnesses, visited place of occurrence, prepared site plan, collected blood stained, plain earth and blood stained kathari.", "He proved the police papers.", "P.W.14 Udai Pratap Yadav, S.I. conducted inquest, prepared relevant police papers and send the dead body for post mortem.", "He further recorded the statements of the witnesses and submitted charge sheet (Ext. Ka-9) against Gopal Gupta and Nand Kishor.", "The dead body of the deceased was sent for post mortem and the autopsy was conducted by Dr. U.C. Pandey (P.W. 12), who found following injuries on the body of the deceased;", "^^1- flyk gqvk ?kko ftlesa 4 VkWds yxs FksA 2- flyk gqvk ?kko nks Vkadks ls] nkfgus dku ls 4 ls-eh- ÅijA 3- flyk gqvk ?kko pkj Vkadks lfgr] flj ds nkfgus rjQ dku ls 5 ls-eh- Åij ,oa ihNs A [kksyus ij vUnj tek gqvk [kwu ik;k x;k ,oa nkfgus rjQ dh isfjVy cksu VwVh gq;h FkhA 4- QVk gqvk ?kko 4 ls-eh- x 1-00 ls-eh- x gM~Mh rd xgjh] nkfguh HkkSag ds Bhd cxy esaA 5- QVk gqvk ?kko 3 ls-eh- x 0-5 lseh ukd ds ckWa;s rjQ ds fgLls ijA 6- uhyxw fu'kku 4 ls-eh- x 3 lseh nkfgus vkW[k ds pkjksa rjQA dkVus ij vUnj [kwu tek gqvk FkkA 7- uhyxw fu'kku 5 ls-eh- x 3 ls-eh- ckW;h vkW[k ds pkjks rjQ ik;k x;kA dkVus ij vUnj [kwu tek gqvk FkkA [kksiM+h [kqyus ij ef\"r\"d dh f>Yyh QVh Fkh A ef\"r\"d esa gsekVksek FkkA MkDVj ds vuqlkj e`R;q flj ij vk;h pksVksa ds dkj.k dksek dh otg ls gq;h gSA^^", "Accused Gopal Gupta was charged under Section 304, 323, 324, 326 and alternative under Section 302 I.P.C. whereas other accused Nand Kishor was charged under Section 304/120B, 323/120B, 324/120B, 326/120B and alternative 302/120B I.P.C. The accused denied the charges and claimed trial.", "In support of its case, prosecution examined as many as 16 witnesses- P.W. 1 Smt. Geeta and P.W.6 Usha ( eye-witnesses); P.W. 2 Raghav and P.W. 3 Girija @ Pattu are said to be injured eye-witnesses; P.W.4 Ganga Prasad @ Mangal Prasad (informant); P.W.5 Jayantrimani Tripathi, and P.W. 7 Nagendramani Tripathi are witnesses of criminal conspiracy committed by Nand Gopal; P.W.8 Kashid Ali and P.W. 10 Deendayal are witnesses of recovery memos Exts.", "Ka-7 & 8; P.W.9 Kaushalanand is the witness of inquest; P.W.11 Dr. Ghanshyam Singh has made injury report Ext. Ka-2, Ka-3 and Ka-3/1; P.W.12 Dr. U.C. Pandey; P.W. 13 Virendra Bahadur Singh, S.O. Vrijmanganj and P.W. 14 S.O. Udai Pratap Yadav are Investigating Officers of the case out of whom P.W.13 submitted charge sheet and P.W.14 conducted inquest; P.W.15 Constable Moharrir Kanhaiya Prasad has proved Ext. Ka-16 and P.W. 16 Mohammad Rafiq Khan have proved Exts.", "In his statement recorded under Section 313 Cr.P.C., accused Gopal denied the prosecution assertions.", "He stated that he has been falsely implicated due to enmity.", "He claimed to adduce evidence in defence but no evidence was produced by him.", "Nand Kishor was acquitted by the Trial Judge of the criminal conspiracy to commit the said offence, learned A.G.A. informs that no State appeal has been preferred by the State.", "Heard Sri Kamlesh Kumar Tiwari, learned counsel for the appellant and Sri A.N. Mulla, learned A.G.A. for the State.", "On the contrary, learned A.G.A. vehemently opposed and stated that prosecution version is well supported by the injured eye witnesses, moreover it is further supported by eye-witnesses who are very close relatives to the accused-appellant which further authenticates the veracity of the prosecution case and direct testimony of ocular witness cannot be disbelieved.", "The offence under Section 302 I.P.C. is well established by the ocular evidence duly supported by medico legal report available on record, thus, conviction of appellants recorded by trial court is liable to be affirmed.", "P.W.-1 is the wife of the deceased- Anand Kand @ Govind.", "She is illiterate.", "She initially used to reside with her husband in Vikas Nagar Colony but the financial condition of the deceased deteriorated coupled with the fact that there was none to cook in her parental house for her acquitted father and brother- accused-Gopal.", "Against this backdrop, father requested P.W.-1 that she, with her family should stay along with him which would be beneficial for both.", "P.W.-1 along with her family, i.e. husband and 3 children started living with her father.", "P.W.-1 further deposed that whatever money was given to her by the deceased, she used to pass on the same to her brother-accused/Gopal for running the house.", "3 days prior to the occurrence, on the day of Nag Panchami, an altercation took place between the deceased- husband and her brother-accused/Gopal relating to family expenses.", "On the fateful day at around 5 in the morning when P.W.-1 and her sister Usha (P.W.6) returned after answering the nature call, they saw that accused Gopal was assaulting her husband with sharp-edged Saria (iron rod) on head and eyes.", "P.Ws.- 2 & 3 i.e. children of P.W.1 raised hue and cries, who too were assaulted with that saria by accused Gopal.", "She remained firm and could not be dented in her cross-examination as to the time, place, mode and manner of the occurrence.", "She is wholly reliable.", "P.W.2 Raghav, injured minor son of deceased Govind Agrahari @ Anand Kand, is also an eye witness.", "The Court after ascertaining his capacity permitted him to depose.", "He stated that incident took place 7 months earlier at the residence of maternal grand father in the morning at 5.00 A.M. he along with his father, mother, sister and brother were residing at village Dhani; his father was a driver; prior to the incident on the date of Nag Panchami, Milkman wanted his payments, on this hot exchange of words took place between his father and his maternal uncle Gopal; father rebuked Gopal; who threatened his father that ' bldk eu c< x;k gS bls ckn esa crkmxk ukuk uUn fd'kksj us Hkh dgk Fkk fd eS rqedks ns[k ywaxkA\" Thereafter, his maternal uncle asked the deceased to vacate the house, the father(deceased) was preparing to vacate the house, his maternal grand father said that if the son-in-law vacates, his prestige would be lowered.", "On 6-8-2003, at 4-45-5.00 A.M., grand father woke up his mausi-Usha and his mother, the duo went to answer the nature's call and at that time, they were lying but awake.", "On the cries raised by his father, he saw that material uncle Gopal was assaulting him ( the father) by sharp edged iron rod on head and face.", "When he raised alarm, his elder sister Girja @ Pattu also cried on which said maternal uncle also assaulted him and his sister Girja @ Pattu.", "While assaulting was on the deceased, mother and mausi-Usha came back to witness the occurrence.", "This witness identified accused-Gopal in Court also and stated that he is Gopal Gupta who had assaulted him, his father and his sister with sharp edged iron rod.", "Court Observation: \"xokg et:d ftlds lj ds cky cus gq, gS us U;k;ky; es ?kVuk es igqpkbZ x;h vfHk;qDrx.k }kjk pksV fn[kyk;k tks nkfgus dku ds yxHkx 3 lh-,e- ihNs yxHkx 5 lh-,e- dh ifjf/k es gh lj dh gMMh yxHkx 1&1@2 ls 2 ls lh-,e- vUnj dh rjQ /klh gqbZ gS vkSj dVs dk Hkh fu'kku Li\"V fn[kkbZ iM+ jgk gSA ges uqdhyh lfj;k ls flj ij o ihB ij pksV yxh FkkhA gekjh cgu fxfjtk mQZ iVVw dh xys ij o flj ij pksV yxh FkhA tc gekjh eka o ekSlh vk x;h fpykbZ rc xksiky Hkkx x;sA ogka ges o gekjs firk th dks cgu dks xkao ds yksx xksj[kiqj lnj vLirky ys x;sA mlds ckn dqN nsj nok djus ds ckn firk th dks xEHkhj pksV ds dkj.k ftyk fpfdRlky; ds MkDVj }kjk esfMdy dkyst xksj[kiqj es e`R;q gks x;hA rFkk yxHkx rhu fnu rd ftyk fpfdRlky; es esjk o esjh cgu iV~Vw dk nok gqvkA xEHkhj pksV o fLFkfr xEHkhj gksus ij ges o gekjh cgu dks esfMdy dkyst xksj[kiqj es Hkst fn;k x;kA tgka ij HkrhZ jg dj gekjk o cgu fxfjtk dk nok bykt A \"", "This witness stated that on the cries for help made by mother and aunt, accused Gopal ran away.", "Although, this witness is a child witness, but has explained the occurrence, mode and manner of assault and participation of the accused in totality.", "He is reliable and trustworthy witness.", "The law on this point is clear that testimony of a child witness cannot be rejected unless found unreliable and tutored.", "(See Gul Singh Vs.", "A child witness is competent to testify under Section 118 of Evidence Act. A child of tender age can be allowed to testify, if it has intellectual capacity to understand questions and give rational answers thereto.", "The Trial Judge may resort to any examination of a child witness to test his capacity and intelligence as well as his understanding of the obligation of an oath.", "If on a careful scrutiny, the testimony of a child witness is found truthful, there can be no obstacle in the way of accepting the same and recording conviction of the accused on the basis of his testimony, (see K.Venkateshwarlu Vs.", "Krishna Master & others (2010) 47 OCR(SC) 263, the Hon'ble Apex Court also has gone a step ahead in observing that a child of tender age who has witnessed the gruesome murder of his parents is not likely to forget the incident for his whole life and would certainly recapitulate facts in his memory when asked about the same at any point of time notwithstanding the gap of about ten years between the incident and recording of his evidence.", "14. P.W.3 Girja @ Pattu is also an injured eye witness of occurrence.", "She also supported the prosecution case and has shown her injuries in the Court.", "Relevant portion runs as under:", "19. P.W.8 is a witness to the recovery of weapon, who turned hostile, but admitted his signatures on the recovery memo (Ext. Ka-8).", "P.W.9 is a witness to the inquest.", "He proved the same.", "P.W.10 is also a witness of recovery and has proved the same.", "He proved the injury report (Ext. Ka-2 and 3).", "He proved the police papers exhibited in the case.", "P.W.15 Kanhaiya Prasad, and P.W. 16 Constable Moharrir proved check FIR and G.D. entries (Ext. Ka-17 and 18 etc.)." ]	[ "Section 326 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 300 in The Indian Penal Code" ]
1811251	[ "(Order of the Court was made by P.SATHASIVAM, J.) Aggrieved by the order of the Tamil Nadu AdministrativeTribunal, Chennai dated 11.4.2002 made in O.A.No.887 of 1999, the petitioners,namely, the Secretary to Government, Home Department, the Director General of Police and the Deputy Inspector General of Police, have preferred the abovewrit petition.", "He hadpassed various tests conducted by the Tamil Nadu Uniformed Service Recruitment Board prior to the recruitment.", "Police verification was conducted as toverify his conduct, character and antecedents to assess his suitability.", "During the police verification, it was found that he was facing a criminalcase in Shankar Nagar Police Station Cr.", "Meanwhile, the first respondent approached the Tribunalfor necessary direction.", "The Tribunal, after recording the stand taken by thedepartment in their counter/reply affidavit, particularly in para-6, andtaking note of the fact that the applicant has been acquitted by judgmentdated 23.8.1996 in C.C.No.204 of 1995 on the file of the Principal AssistantSessions Judge, Chengleput, allowed the application and issued appropriatedirection to the effect that the applicant would be eligible to draw salaryonly from the date of his actual joining duty.", "Questioning the same, presentwrit petition has been filed.", "The learned Government Advocate would submit that in asmuch as the applicant has suppressed the material aspect, namely, pendency of criminal charge under Section 307 I.P.C., though he was provisionallyselected, he cannot have any right for appointment to the post of SubInspector of Police.", "However, his name for appointment to thepost of Sub Inspector of Police was withheld to know the result of thedisposal of the criminal case pending against him.", "On going through the same, we are of the view that the saidprinciple is applicable to the case on hand.", "The learned counsel appearing for the first respondent hasalso brought to the notice of this Court that though the first respondent,namely, P. Ravichandran was not considered even after his acquittal in thecriminal case relating to 307 I.P.C., in the case of one C.Sentilkumar, whowas also charged for various offences including 307 I.P.C. in Cr.", "No.19 of1993 on the file of Kattuputhur Police Station and who was also acquitted on6.3.1996, the Director General of Police in his proceedings dated 15.4.1999considered the name of the said Senthilkumar and appointed him as SubInspector of Police.", "All the above mentioned details are available at pages 1to 7 of the typed set filed by the first respondent." ]	[ "Section 307 in The Indian Penal Code" ]
1824138	[ "Before entering into the details of the arguments, I deem it proper to point out how these cases were registered.", "First case was started on the basis of a complaint lodged by one Gobindalal Bhattachrya of 180/1, Pasupati Bhattacharjee Road, P. S. Behala, Calcutta-700 041 with the Inspector-in-Charge of Behala P. S. alleging that his relative Soumen Bhattacharya along with Johnny Sadhukhan and Pradip Pal being the authorised agents of the Company of the present petitioner came to the residence of the complainant in the month of August, 2000 and showed prospectus of the Company and allured him to invest a sum of Rs. 5,000/- which was collected on the basis of A/c.", "Payee Cheque after issuing Kutcha receipt.", "Again on 9th March, 2001, those persons came to the complainant and allured him to invest a further sum of Rs. 1,00,000/-.", "All those amounts were invested for a period of four years.", "The certificate relating to the secured redeemable debentures along with post dated cheques was handed over to the complainant.", "On scrutiny of the documents issued by the said Company, it was detected that the following false and misleading statements were made:", "(i) It was falsely written that the returns on the debentures were tax free, though it was not.", "(ii) It was falsely stated that the secured debentures issued by the Company were assigned credit rating by its banker, but it was not so.", "(iii) The debentures were issued without obtaining necessary permission from SEBI which is mandatory.", "(9) To take such other steps as may be deemed necessary to protect the interest of the debenture holders/subscribers.", "(9A) For the aforesaid purposes, the petitioner through its company shall hand over a sum of rupees seven crores to the Special Officer, within two days of giving effect to the defreezing order, who shall keep the said amount in a separate account in the name of the Company to be operated by the Special Officer alone and release the balance amount of the money to the company for being utilised in its projects yielding sufficient profit.", "(11) The Special Officer shall be paid a monthly remuneration of -1500 Gms.", "(12) The Special Officer shall also be entitled to incur such other expenditure for the purpose of carrying out his obligations.", "The petitioner shall be at liberty to operate these accounts with the necessary permission/assistance from the Special Officer.", "(iv) Those debentures were described to be issued for private placement, but those were issued publicly by engaging commission agent with high rate of commission.", "So, it was submitted that the Company and others manufactured documents containing false and misleading statements and thereby allured the investors, and by such inducements they defrauded the investors of their investments for the wrongful gain of the Company.", "So the complainant claimed that he was cheated in respect of cash amount of Rs. 1,05,000/-.", "On the basis of the said complaint, Behala P. S. Case No. 222 dated 13-5-2001 was started.", "Thereafter, a suo motu case was started by Kotwali (Cooch Behar) P. S. Case No. 192 dated 14-2-2001 on the allegation that in course of mobile duty on 14-6-2001, Police Officer had been to Rupnarayan Road, Cooch Behar and noticed a mob demonstrating at the office of the Company.", "On enquiry, it was ascertained from the mob that the persons assembled were certificate holders of the Company and they came to know from the newspapers and from other sources that the Company was a cheating organisation and the depositors would be cheated.", "The mob also demanded return of the deposited money from the Assistant Branch Manager of the Company, Cooch Behar.", "Since the public being agitated and were demanding immediate return of the deposited money, Assistant Branch Manager was arrested by the police and the case was started.", "The fourth case was started in respect of Dhaniakhali P. S. Case No. 45 dated 30-6-2001 at the instance of some of the depositors having the same allegations of cheating and fraud, etc. The fifth case was started in respect of Airport P. S. Case No. 102, dated 23-7-2001 at the instance of selfsame allegations.", "In the said case, it has also been alleged that other depositors were practically cheated on the basis of manufactured documents containing false and misleading statement.", "In course of investigation of the cases, a prayer was also made by the Investigating Agency for seizing of the Bank Accounts of the Company and by an order dated 21-6-2001 passed by the learned Sub-Divisional Judicial Magistrate, Alipore in Behala P. S. Case No. 222 dated 13-6-2001, all the Bank Accounts of the Company were seized.", "Subsequently, on the prayer of the Investigating Agency, the learned Sub-Divisional Judicial Magistrate, Hooghly (Sadar) by an order dated 5-7-2001, in Dhaniakhali P. S. Case No. 45 dated 30-6-2001 also seized 19 other accounts of the Bank.", "It appears from the materials on record and also from the submissions made by the learned counsel of both sides that the present petitioner unsuccessfully tried for anticipatory bail before the Bench of Madras High Court and also tried for quashing of the cases earlier.", "In course of hearing, the learned counsel appearing for the present petitioner pointed out that in five of the complaints made before the police, the allegations are same which can be indicated as hereunder:", "(a) that false documents were manufactured;", "(b) forgery was made in respect of the documents for the purpose of cheating.", "Similarly, these complaints also indicate that the present petitioner and his Company committed an offence punishable under SEBI Act. So it is contended that when violating the relevant provision of SEBI Act, the public at large was allured and were forced to invest their hard-earned money, that is to be construed as an offence coming within the purview of Section 420 of IPC read with Section 406/468/471/120B, IPC.", "Accordingly, the State prayed for dismissal of all these six applications.", "The said sum of rupees seven crores shall be utilised for payment towards monthly return/matured debentures; and such payments at first be made in respect of the dues from the month of June, 2001 till date and, thereafter, on scheduled due dates.", "(10) The Special Officer shall be entitled to attend the office of the company for the purpose of carrying out his obligations and for this purpose, he shall be at liberty to engage his assistant for a period of three months for the present at a remuneration not exceeding 300 GMs.", "Let the ordering portion of this order be communicated to the Courts below by a special messenger at the cost of the petitioner to be deposited by tomorrow.", "Since the Puja Vacation is offing, let a xerox plain copy of the operative portion of the judgment duly countersigned by the Assistant Registrar (Court) or Assistant Court Officer be given to the learned counsel for the parties on usual undertaking." ]	[ "Section 420 in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 468 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 406 in The Indian Penal Code", "Section 482 in The Indian Penal Code", "Section 5 in The Indian Penal Code" ]
1824198	[ "The events that preceded the suit lie in a short compass and may therefore be set out be fore dealing with the points in controversy arising for determination in this appeal.", "In the year 1946 he was employed as a Permanent Way Inspector and was stationed at Mangalore.", "The plaintiff had some misunderstandings with one C. G- Raman, P. W. Sub Inspector and another Govindan, Fitter, both employed under the railway.", "JUDGMENT Jagadisan, J.", "This is an appeal by the Union of India represented by the General Manager, Southern Railway, Madras against the judgment and decree in order Section 10 of 1956 on the file of the court of the Subordinate.", "2. R. Akbar Sheriff, the plaintiff in the suit, presented the plaint on 18-1-1954 on the original side of this court and it was transferred to the City Civil Court, Madras on 22-7-1955, for trial.", "Before the City Civil Court, the Union of India, the defendant in the suit, raised a preliminary issue that that court had no jurisdiction to try the suit.", "By order dated 12-10-1955 the city civil court held that it had no jurisdiction and returned the plaint for presentation to the proper court, The plaintiff received the plaint by registered post on 8-12-1955 at Madurai and re-presented theplaint on 12-12-55 before the Sub Court, Tiruchirapalli.", "The order of dismissal of the plaintiff from service was because of the plaintiff's conviction Of offences under Sections 420 and 477-A I. P. C. by the learned Asst.", "Sessions Judge, Mangalore.", "This conviction was set aside by an order of acquittal passed by this court in CM.", "The present suit was filed for recovery of salary and allowance due to the plaintiff from 1-4-1949 to 13-7-1951 which aggregated to the sum of Rs. 11,115 as the Union of India refused to pay such salary and allowance despite the order of reinstatement in service.", "The Union of India defended the suit and contended that the plaintiff had no right to claim the arrears of salary and allowance in a court of law, that such payment depended entirely on its discretion, and that in any event the suit claim was barred by limitation.", "The learned Subordinate Judge Tiruchirapalli who tried the suit overruled the defence put forward by the Union of India and granted a decree in favour of the plaintiff as prayed for with costs.", "This appeal has therefore been preferred by the Union of India challenging the correctness and legality of that judgment and decree.", "According to the plaintiff these two persons were responsible for filing false complaints against him to the Section officer attached to the Special Police Establishment at Podanur.", "A charge-sheet was filed against the plaintilf before the Sub Divisional Magistrate, Mangalore in R. C. Nos. I and 2 of 1947 charging the plaintiff with having committed offences under Sections 420 and 477-A I.P.C. The charge was that the plaintiff who was entrusted with the duty of replacing sleepers in the railway line near Mangalore carried out the work with the help of the gang coolies employed under the railway but made it appear as if he had employed casual labourers to do the job and created false entries of payments.", "The cases were committed for trial before the Asst.", "The charges against the plaintiff were split up before the Asst.", "Sessions Judge Mangalore and a batch of two more cases, S. C. No. 11-A and 12-A were tried separately by the learned Asst.", "Sessions Judge, Mangalore.", "On 31-1-1949 S. C No. 11-A ended in an acquittal but S. C. 12-A ended in a conviction against the plaintiff.", "The learned Sessions Judge while confirming the conviction of the plaintiff reduced the sentence of imprisonment alone to a period of 18 months from a period of three years.", "Then he preferred Crl.", "R- C. 1442 of 1949 before this court.", "Somasundaram J. by his order dated 25-1-1951 set aside the conviction and sentence of the courts below and directed an acquittal of the plaintiff.", "The order of acquittal of this court has been marked as Ex. A-l in the case.", "The plaintiff while he was on casual leave between 17-1-1949 and 28-1-1949 was served with an order of suspension by the railway authorities granting him a subsistence allowance of 50 per cent of his salary with full dearness allowance.", "Consequent on the conviction and sentence passed by the learned Asst.", "The order recites as follows : \"You are hereby dismissed from the service with effect from 31-3-1949 on account of criminal conviction.\"", "The plaintiff by his letter dated 25-3-1949, Ex. A-5, addressed to the General Manager stated that he had already appealed to the Sessions Court, Mangalore, against the order of conviction, passed by the Asst.", "Sessions Judge, Mangalore and requested for suspension of order of dismissal till the decision of the appellate court.", "But this request on the part of the plaintiff was not given heed to by the railway authorities.", "The railway authorities however wrote a reply to the plaintiff, Ex- A-7, dated 23-4-1949 stating that the conviction of the court holds good until reversed by the higher court and that the position that may result it that conviction were to be set aside on \"appeal will be considered at the proper stage, if and when such a stage arises.", "The result was that the plaintiff was dismissed from service with effect from 31-3-1949 and ceased to hold office:", "There was another charge against the plaintiff which was tried by the Asst.", "Sessions Judge, Tirunelveli in S. C. No. 104 of 1950 By order of court dated 17-3-1951 this also ended in an acquittal.", "The learned Asst.", "Sessions Judge in the course of his order of acquittal observed thus:", "\"As I find that he has been unduly harassed by the prosecution having been launched against him as a result of conspiracy the railway administration will not only reinstate him but make adequate recompense for the mental pains and suffering that he had to undergo.\"", "The demand contained in the notice on behalf of the plaintiff was couched in the following terms:", "\"This is to give you notice that my client will be forced to the painful necessity of filing a suit for reinstatement and for damages and back pay if he is not reinstated within a week from receipt of this notice.\"", "The railway sent a reply, Ex. A-14 dated 9-6-1951 stating that the matter was under consideration.", "On 10-7-1951 the plaintiff received the communication Ex. A-I6 in the following terms:", "\"This office No. A.34/44/IE of 15/22-3-1949 dismissing you from service with effect from 313-1949 is hereby cancelled and the Chief Engineer has been advised to reinstate you in service immediately.", "Please note that you will not draw anything more than what has already been paid to you for the period from 4-2-1949 to the date of reinstatement.\"", "The plaintiff submitted the petition dated 23-7-1957 to the General Manager for reconsideration of the decision withholding salary for the period between the date of dismissal and the date of reinstatement.", "To this the railway sent a reply Ex. B. 3 dated 20-9-1951 stating that the period of absence from 31-3-1949 to 12-7-1951 will be treated as leave without pay.", "The plaintiff again wrote to the General Manager by his letter Ex. A. 22 dated 9-11-1951 pleading for payment of salary and allowance for the period in which he was out of office by reason of the order of dismissal which was subsequently set aside and cancelled.", "The plaintiff gave instance in that letter where the railway was pleased to grant full pay and allowance to other employees who were dismissed but subsequently reinstated.", "The railway sent a reply stating that there was no justification for modifying the orders already issued by them.", "Then the plaintiff wrote another letter, Ex. A. 10, dated 4-3-1952, addressed to the General Manager complaining that persons junior to him in service had been promoted to higher grade and that the railway should give him also the benefit of promotion.", "The railway sent a reply, Ex. A. 24, dated 7-4-1952 observing that it was not possible to set aside the results of the selection board during the period he was absent from duty from 31-3-1949 to 12-7-1951, but that the plaintiff will maintain his seniority in his grade amongst those not selected for higher posts.", "After some further correspondence the plaintiff caused a notice to be issued through his counsel intimating the railway of the intended suit to which the railway sent a reply, Ex. A. 25, stating that the plaintiff was at liberty to move the court at his own risk.", "The plaintiff was therefore compelled to launch the present suit.", "He preferred a revision in the High Court of Punjab, but was again unsuccessful.", "After the order of acquittal passed by the Supreme Court the petitioner prayed for reinstatement service but the railway authorities refused to reinstate him.", "The petitioner therefore moved the High Court under Article 226 of the Constitution for an appropriate writ to quash the order of dismissal as being wholly void and ineffective." ]	[ "Section 409 in The Indian Penal Code", "Section 420 in The Indian Penal Code", "Section 509 in The Indian Penal Code" ]
182420429	[ "She in her statement under Section 164 Cr.P.C. which was recorded after 23 days of the incident for the first time she deviate the allegation from misbehaviour to gang rape upon her by the applicant.", "This fact got astonishing feature when she has declined herself to get her medically examined.", "Learned counsel for the applicant submitted that on account of inconsistent stand it is highly risky to completely relying upon 161 and 164 Cr.P.C. in the absence of any medical evidence.", "He lastly submitted that the applicant is in jail since 23.02.2019 is entitled to be enlarged on bail during the pendency of trial.", "Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.", "Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.", "In view of the above, let the applicant- Sonu be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 64 of 2019, under Sections 376D, 354B, 323, 506 IPC and Section 3/4 POCSO Act, P.S. Bindaki, District Fatehpur with the following conditions:-", "(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.", "(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW." ]	[ "Section 506 in The Indian Penal Code", "Section 323 in The Indian Penal Code" ]
182421470	[ "We have heard the submissions of the learned Advocates for the petitioner and for the State.", "2 (Kalidas Mukherjee, J.) (Md. Abdul Ghani, J.)" ]	[ "Section 353 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 332 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 427 in The Indian Penal Code", "Section 149 in The Indian Penal Code" ]
182439449	[ "The facts in brief for deciding this appeal are that Ram Avatar (PW 2) was working as 'Palledar' at the 'Aarhat' of Ranjeetmal Agrawal situated in Pandeyganj grains market, Lucknow.", "On 14.08.2000 at about 10 pm (night), accused appellant Santosh Kumar Shukla, working as accountant (Munim) in the aforesaid Aarhat asked Ram Avatar to provide wine for him.", "Ram Avatar (PW 2) refused to provide the same.", "Thereafter in the intervening night of 14/15.08.2000 when Ram Avatar was sleeping at the campus of Aarhat, the appellant having animus of not providing the wine came in the mid night and assaulted Ram Avatar with a pointed weapon, namely, 'Parkhi' (an instrument use for picking out the contents from close gunny bags for inspection) in the stomach of Ram Avatar and on account of that injury Ram Avatar cried.", "The incident was witnessed by Dhani Ram and Ramesh, who were also sleeping in the same Aarhat.", "The accused appellant managed to escape from the place of occurrence.", "Dated: 27.01.2014 akverma", "This Criminal Appeal under section 374(2) Code of Criminal Procedure (in short 'CrPC') has been preferred against the judgement and order dated 20.02.2013 passed by Additional District and Sessions Judge/TECP-2, Lucknow in Sessions Trial No.968 of 2002 having Case Crime No.291 of 2000, under Section 326 Indian Penal Code (in short 'IPC') and Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'SC/ST Act'), P.S. Wazirganj, District Lucknow, whereby the appellant has been convicted and sentenced under Section 326 IPC to undergo rigorous imprisonment for 10 years and fine of Rs.50,000/- and in default of payment of fine one and a half year additional rigorous imprisonment.", "On the basis of aforesaid written report, a chick report was prepared at 9.15 pm (Ext.5) and the case was registered against the appellant in General Diary (Ext. Ka-6) by the police of P.S. Wazirganj at Case Crime No.291 of 2000, under Section 326 IPC and Section 3(2)(5) SC/ST Act. The injured Ram Avatar was medically examined on 14.08.2000 at 2.50 am in Balrampur Hospital by Dr.", "H.I. Rizvi, Senior Medical Officer, who found following injuries on the person of the injured as mentioned in medication examination report (Ex.Ka-2):", "\"Punctured wound 0.8 cm x 0.8 cm x depth not proved on right side of abdomen.", "7 cm above umbilicus at 11 O'clock position.", "Crepitation present around the wound suggestive of surgical emphysema.\"", "The injured was admitted in emergency ward and advised for x-ray of stomach.", "Investigation of this case was conducted by Jang Bahadur Singh (PW 4) who prepared the site plan (Ext. Ka-3) and submitted the charge sheet (Ext Ka-4).", "The court below took cognizance and after committal of the case to the court of sessions charges were framed under Section 326 IPC and Section 3(2)(5) SC/ST Act against the appellant.", "The appellant denied the charges levelled against him and claimed for trial.", "The prosecution examined the informant Ramchandra (PW 1) who proved the written report submitted by him and supported the prosecution story as narrated in FIR.", "During trial, PW-1 Ramchandra in examination-in-chief admitted that he is not an eyewitness of this case and what he stated is on the basis of information received by him from the injured Ram Avatar.", "The injured witness Ram Avatar (PW 2) was also examined during trial, who supported the prosecution case and stated that when he was sleeping in Aarhat, the appellant attacked with Parkhi on his stomach and after receiving injury he cried and caught the appellant but the accused appellant managed to escape from the spot.", "He categorically stated that this incident was seen by Dhani Ram and Ramesh.", "He also stated that he was medically examined by the doctor and remained in the hospital of 13 days.", "Dr. H.I. Rizvi (PW-3) was also examined to prove the injury report.", "Investigating Officer Jang Bahadur Singh (PW 4) was examined, who proved the site plan and charge-sheet submitted against the accused.", "S.I. Mangelal was also examined as PW-5, who at the time of commission of crime was posted as Head Constable and scribed the first information report on the basis of written report given by Ramchandra and register the case against the appellant.", "Thereafter the prosecution closed its evidence and thereafter accused appellant was examined under Section 313 CrPC, who denied the allegations levelled against him on the basis of evidence of the prosecution and claimed that he has been implicated falsely in this case on account of enmity.", "In defence, he did not produce any evidence though he has stated in 313 CrPC that he produced the defence.", "The trial court after considering the evidence of prosecution and submissions of both the parties acquitted the appellant from the charges levelled under Section 3(2)(5) SC/ST Act and convicted the appellant under Section 326 IPC.", "Hence this appeal.", "On the other hand, Sri M.Y. Ansari, learned A.G.A. for the State was submitted that after perusing the material evidence available in the record of the trial court, the trial court has rightly passed the impugned judgment.", "No supplementary report has been brought on record to demonstrate that injury was grievous.", "During examination, the doctor did not opined that injury was serious or dangerous to life or grievous in nature.", "Learned trial court while convicting the appellant was of the opinion that injury caused by the accused appellant to Ram Avatar was grievous and dangerous to life.", "The trial court at pages 12 and 13 of its judgment held that on the basis of evidence, it is proved that in the intervening night of 14/15.08.2000 at about 12.00 (night) at the Aarhat situated at Pandeyganj, P.S. Wazirganj, District Lucknow, appellant Santosh Kumar Shukla by using a dangerous weapon made from iron, namely, Parkhi voluntarily assaulted the injured Ram Avatar causing grievous injury, which was dangerous to life and thereby he committed the offence under Section 326 IPC.", "So far as the commission of offence under Section 326 IPC is concerned, the trial court actually misread the evidence and formed the opinion on the basis of evidence which was not at all available on record.", "- The following kinds of hurt only are designated as \"grievous\": -", "First - Emasculation.", "Secondly - Permanent privation of the sight of either eye.", "The prosecution admittedly has not proved any of the category out of eight categories mentioned under Section 320 IPC.", "The doctor has not stated that injury was grievous.", "The injured himself stated that he remained hospitalized for 13 days only, so, 8th condition would also not be attracted.", "No emasculation, permanent privation of the sight of either eye or of the hearing of either ear or privation of any member or joint was established.", "It was also not proved that there are any fracture or dislocation of a bone or tooth or permanent disfigurement of the head or face or destruction or permanent impairing of the powers of any member or joint.", "Therefore, the prosecution has utterly failed to establish that injury caused to Ram Avatar was grievous one.", "From the evidence available on record, it appears that hurt has been caused voluntarily by a dangerous weapon which could may be used as an instrument of stabbing.", "Hence the offence shall squarely falls within the ambit of Section 324 IPC and consequently, I express my concurrence with the submission of learned counsel for the appellant that no offence under Section 326 IPC is made out and only offence under Section 324 IPC is made out against the appellant.", "Offence under Section 324 IPC is punishable with imprisonment for three years, or fine or with both.", "Having considered the period for which the appellant has undergone, in the opinion of the Court, would be sufficient to meet the ends of justice in the present case for the reason that the only injury was caused by the accused appellant and has not repeated the assault and the weapon used was not a ordinarily used weapon for assault.", "The weapon used for assault is an instrument of picking the gains from the gunny bags.", "The appellant is neither previous convict nor has any criminal history.", "So far as the calculation of undergone period of the accused appellant is concerned, the record reveals that the accused appellant was arrested on 05.10.2000 and in this regard, an entry was made in General Diary no.61 at 20.30 hours by the police at Police Station Wazirganj.", "However, when he was convicted in this case, he was taken into custody on 20.02.2013 and since then he is in jail.", "After judgment and order dated 20.02.2013 passed by the trial court, the appellant served out more than eleven months period of his sentence as a convict.", "Considering the facts and circumstances of the case, the appeal is partly allowed." ]	[ "Section 326 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 320 in The Indian Penal Code" ]
1824399	[ "This is an application for correction of the order dated18.9.2009, passed byHon'ble Sri Kant Tripathi,J.", "This application for correction pertains to Criminal Trial No.82 of 2004 arising out of Crime No.16 of 2004 under Section 8/21N.D.P.S. Act,, Police Station Tikaitnagar, Barabanki which waswrongly transcribed in Criminal Appeal No. 2225 of 2009 whichpertains to the offence punishable under Sections 328,379 and 411I.P.C.", "Heard learned counsel for the appellant, learned A.G.A. andperused the record of the case.", "It appears that instead of Criminal Trial No. 82 of2004( Crime No. 16 of 2004), S.T.No. 71 of 2005 (Crime No. 18 of2004) was wrongly written and order granting bail in N.D.P.S. Act waswrongly transcribed in Criminal Appeal No. 2125 of 2009 ,whichrequires correction.", "The application for correction is accordingly allowed.", "This is an amended order dated 18.9.2009, passed in CriminalAppeal No.2225 of 2009, passed by Hon'ble Shri Kant,J. In pursuance oforder passed today after nomination of this Bench by Hon'ble SeniorJudge in correction application no.122481 of 2009.\" Hon'ble Shri Kant Tripathi,J.", "Heard learned counsel for the appellant and the learned A.G.A.for the State and perused the impugned judgment and order.", "Summon the lower court record.", "The learned counsel for the applicant submitted that theappellant was on bail during the trial and never misused the same.", "It wasfurther submitted that the applicant was found in possession of morphinewhich was found on analysis less than the commercial quantity.", "Nopublic witness was examined during the trial to prove the recovery.", "Itwas further submitted that there is no prospect of the appeal beingheard in near future due to heavy dockets.", "Keeping in view the entire facts and circumstances of the caseand submissions of the learned counsel for the appellant, let theappellant Mukesh Kumar Kaushal be released on bail in Criminal TrialNo. 82 of 2004 arising out of crime no. 16 of 2004, Police Station TikaitNagar, District Barabanki under Sections 8/21 of the Narcotic Drugs andPsychotropic Substances Act,1985 on his furnishing a personal bond andtwo sureties each in the like amount to the satisfaction of the courtconcerned.", "The realization of fine shall remain stayed during pendency ofthe appeal, provided the appellant deposits half of fine within one month.", "On acceptance of the bail bonds and personal bond,the lowercourt shall transmit Photostat copies thereof to this Court for being kepton the record of this appeal.", "Let the paper books be prepared.", "List the appeal for final hearing in due course.", "No.122480 of 2009 in re Crl.", "Appeal No.2178 of 2009Pradeep Kumar Kaushal Appellant Vs.", "18.9.2009, passed byHon'ble Sri Kant Tripathi,J.", "Since Hon'ble Sri Kant Tripathi,J. is not available, this filewas sent to this Bench under the order of Hon'ble Senior Judge videorder dated 12.1.2010..", "This application for correction pertains to Criminal Trial No.81 of 2004 arising out of Crime No.15 of 2004 under Section 8/21N.D.P.S. Act,, Police Station Tikaitnagar, Barabanki which waswrongly transcribed in Criminal Appeal No. 2177 of 2009 whichpertains to the offence punishable under Sections 328,379 and 411I.P.C.", "Heard learned counsel for the appellant, learned A.G.A. andperused the record of the case.", "It appears that instead of Criminal Trial No. 81 of2004( Crime No. 15 of 2004), S.T.No. 71 of 2005 (Crime No. 18 of2004) was wrongly written and order granting bail in N.D.P.S. Act waswrongly transcribed in Criminal Appeal No. 2177 of 2009 ,whichrequires correction.", "The application for correction is accordingly allowed.", "Court No. 5", "This is an amended order dated 18.9.2009 passed in CriminalAppeal No. 2178 of 2009, passed by Hon'ble Sri Kant Tripathi,J. inpursuance of order passed today after nomination of this Bench byHon'ble Senior Judge in correction application no.122480 of 2009.\"Hon'ble Shri Kant Tripathi,J.", "Heard learned counsel for the appellant and the learnedA.G.A. for the State and perused the impugned judgment and order.", "The appellant preferred this appeal against the impugnedjudgment and order dated 20.7.2009 passed by Additional SessionsJudge, Court No.8, Barabanki in Criminal Trial No. 81 of 2004 ( CrimeNo.", "Summon the record.", "Summon the lower court record.", "Learned counsel for the appellant submitted that theappellant was on bail during the trial and never abused the same.", "Itwas further submitted that the applicant was found in possession ofMorphine which was found on analysis less than the commercialquantity.", "No public witness was examined during the trial to provethe recovery.", "It was further submitted that there is no prospect of theappeal being heard in near future due to heavy dockets.", "Keeping in view the entire facts and circumstances of thecase and submissions of the learned counsel for the appellant, let theappellant Pradeep Kumar Kaushal be released on bail in Criminal TrialNo. 81 of 2004 (Crime No. 15 of 2004), Police Station TikaitNagar,district Barabanki under Sections 8/21 the Narcotic Drug andPsychotropic Substances Act, 1985 on his furnishing a personal bondand two sureties each in the like amount to the satisfaction of thecourt concerned.", "The realization of fine shall remain stayed during thependency of the appeal, provided the appellant deposits half of the finewithin one month.", "On acceptance of the bail bonds and personal bond, the lower 2court shall transmit Photostat copies thereof to the Court for beingkept on record of this appeal.", "Let the paper book be prepared.", "List the appeal for hearing in due course.\"1.2.2010Tripathi Court No.5 Criminal Appeal No.2489 of 2009Ajay Kumar Rastogi alias Pintu . ..Appellant Vs.", "Heard learned counsel for the appellant and learned A.G.A. onthe prayer for bail and perused the record of the case.", "In S.T.No. 677 of 2006 (Crime No. 500 of 2006 Police StationGola, District Lakhimpur Kheri,) the appellant Ajay Kumar Rastogi aliasPintu along with Shyam Kishore Rastogi has been convicted andsentenced under Sections 304/34 I.P.C. for a period of ten years rigorousimprisonment along with a fine of Rs.2000/- and in default of payment offine to further undergo rigorous imprisonment for a period of one year.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence punishable under Section 304 I.P.C. He further submitted that co-accused Shyam Kishore Rastogi having similar casehas been admitted to bail by this Court vide order dated11.11.2009 andthe allegations against the appellant are similar to that of co-accusedShyam Kishore Rastogi.", "That the appellant was on bail during trial andthere is nothing on record to show that he ever misused the liberty of bailand he has every hope of success in appeal, and as such he deservesbail.", "Bail has been opposed by learned A.G.A. However, this fact hasnot been controverted by learned A.G.A. that similarly situated co-accused Shyam Kishore Rastogi has been admitted to bail.", "Considered the respective submissions made by the parties.", "Hon'ble Vedpal,J.", "Learned counsel for the appellant does notpress this time barred appeal at this stage.", "It is therefore, dismissed accordingly as notpressed.", "Hon'ble Vedpal,J.", "Rejected vide my order of date passed onmemo of appeal.", "This is an application for recall of the orderdated 26.8.2009, dismissing the Writ Petition No.126 (RC) of 2006 for non prosecution.", "It has been stated in the affidavit annexedwith the application that when the case was fixedfor hearing on 26.8.2009, counsel for thepetitioner could not appear in the Court becausehe could not see the case in the cause list.", "Grounds shown in the affidavit aresufficient The petitioner was not going to bebenefited by getting the petition dismissed indefault.", "The application is allowed.", "The orderdated 26.8.2009 is recalled.", "The writ petition isrestored to its original number.", "List the petition for hearing.", "21.1.2010 Court No.5 Criminal Appeal No.172 of 2010Pankaj Kumar Tewari and another. .....Appellants Vs.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Pankaj Kumar Tewari and RakeshKumar Tewari have been convicted in Sessions Trial No.82 of 2002(Case Crime No.383/2001) for the offence punishable under Section323/34 I.P.C. and have been sentenced to undergo one year's simpleimprisonment alongwith a fine of Rs.1000/- and in default of paymentof fine to further undergo two months' simple imprisonment and havehave been acquitted to the charge for the offence punishable underSections 307 and 324 I.P.C. Accused-appellants were on bail duringtrial and presently they are on interim bail.", "That there is nothing onrecord to show that they ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Let theabove appellants be released on bail during the pendency of appealon furnishing by each of them a personal bond with two sureties eachin the like amount to satisfaction of the court concerned providedthey deposit the fine imposed upon them by the trial court.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Suresh Pandit @ Nanku has beenconvicted in Special Sessions Trial No.19 of 2002 (Case CrimeNo.172/2005) for the offence punishable under Sections 323, 504, 506I.P.C. and under Section 3(1) (x) of SC & ST Act, Police StationDalmau, District Raebareli.", "The maximum sentence awarded to himunder Section 3(1) (x) of SC & ST Act is six months' rigorousimprisonment along with a fine of Rs.1000/- and in default of paymentof fine to further undergo two months' simple imprisonment and allthe substantive sentences were directed to run concurrently.", "Accused-appellant was on bail during trial and presently he is on interim bail.", "That there is nothing on record to show that he has ever misused theliberty of bail.", "Let theabove appellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed by the trial court.", "Tripathi Court No.5 Criminal Appeal No.152 of 2010Hasmat Ullah and others .....Appellants Vs.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Hasmat Ullah, Ikbal Kha and IshhakKha have been convicted in Sessions Trial No.529 of 2005 (CaseCrime No.C-35/2004) for the offence punishable under Sections 452,323/34, 504, 506(2) I.P.C., Police Station Pihani, District Hardoi.", "Themaximum sentence awarded to them under Section 452 is threeyears' rigorous imprisonment along with a fine of Rs.500/- on each ofthem and in default of payment of fine to further undergo one year'sadditional imprisonment and all the substantive sentences weredirected to run concurrently.", "Accused-appellants were on bail duringtrial and presently they are on interim bail.", "That there is nothing onrecord to show that they ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Leteach of the above appellants be released on bail during the pendencyof appeal on furnishing by each of them a personal bond with twosureties each in the like amount to satisfaction of the court concernedprovided they deposit the fine imposed by the trial court.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Israj and Kalloo have beenconvicted in Sessions Trial No.884 of 1997 (Case Crime No.63 of1994) for the offence punishable under Sections 323, 504, 506 I.P.C.and under Section 3(1) (X) of SC & ST Act, Police Station Kasimpur,District Hardoi.", "The maximum sentence awarded to them underSection 3(1) (x) of SC & ST Act is two years' simple imprisonmentalong with a fine of Rs.500/- on each of them and in default ofpayment of fine to further undergo one month's additional simpleimprisonment and all the substantive sentences were directed to runconcurrently.", "Accused-appellants were on bail during trial andpresently they are on interim bail.", "That there is nothing on record toshow that they ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Leteach of the above appellants be released on bail during the pendencyof appeal on furnishing by each of them a personal bond with twosureties each in the like amount to satisfaction of the court concernedprovided they deposit the fine imposed by the trial court.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Suneel has been convicted inSessions Trial No.116 of 2006 (Case Crime No.534 of 2004) for theoffence punishable under Sections 323, 504, 506 I.P.C. and underSection 3(1) (x) of SC & ST Act, Police Station Dalmau, DistrictRaebareli.", "The maximum sentence awarded to him under Section 3(1)", "(x) of SC & ST Act is six months' rigorous imprisonment alongwithwith a fine of Rs.1000/- and in default of payment of fine to furtherundergo two months' simple imprisonment and all the substantivesentences were directed to run concurrently.", "Accused-appellant wason bail during trial and presently he is on interim bail.", "That there isnothing on record to show that he has ever misused the liberty ofbail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellant can be released on bail.", "Let theabove appellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed by the trial court.", "Tripathi Court No.5 Criminal Appeal No.168 of 2010Karta Ram and another. .....Appellants Vs.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Karta Ram and Vinod have beenconvicted in Sessions Trial No.29 of 2002 (Case Crime No.", "C-25/2001)for the offence punishable under Sections 323, 504 I.P.C. and underSection 3(1) (X) of SC & ST Act, Police Station Khargupur, DistrictGonda.", "The maximum sentence awarded to them under Section 323I.P.C. is one year' simple imprisonment with a fine of Rs.500/- on eachof them and in default of payment of fine to further undergo twomonths' additional simple imprisonment and all the substantivesentences were directed to run concurrently.", "Accused-appellants wereon bail during trial and presently they are on interim bail.", "That thereis nothing on record to show that they ever misused the liberty ofbail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Leteach of the above appellants be released on bail during the pendencyof appeal on furnishing a personal bond with two sureties each in thelike amount to satisfaction of the court concerned provided theydeposit the fine imposed by the trial court.", "Tripathi Court No.5 Criminal Appeal No.2876 of 2009Siya Ram and another. .....Appellants Vs.", "Summon the lower court record and list the appeal for hearingin due course.", "Heard learned counsel for the appellants, learned A.G. A. andperused the record of the case.", "In S.T.No.137 of 2003 (Crime No.230 of 2000), the appellantsSiya Ram and Kripa Ram alongwith one another namely Badlu have beenconvicted and sentenced for the offence punishable under Sections307/34 and 506(2) I.P.C. The maximum sentence awarded to them underSection 307/34 I.P.C. is ten years' rigorous imprisonment along with afine of Rs.10,000/- and in default of payment of fine to further undergoone year's rigorous imprisonment It has been contended by the learned counsel for the appellantthat the evidence adduced by the prosecution in support of his case is notreliable one and the offence for which the appellant has been convicted isnot made out against the accused beyond reasonable doubt.", "That theappellant has been falsely involved in the case and the learned trial courthas not properly appreciated the evidence available on record.", "That therole of firing has been assigned to co-accused Badlu and the appellantshave been assigned the role of exhortation.", "That the appellants were onbail during trial and there is nothing on record to show that they evermisused the liberty of bail and the appellants have every hope of successin appeal.", "Considered the respective submissions made by the parties.", "Itreveals from the record that role of firing has not been assigned to any ofthe appellants.", "The submission of learned counsel for the appellants hassubstance.", "In view of the facts and circumstances of the case, havingregard to the nature of evidence, adduced during trial and the probabilityfactor, I am of the opinion that the appellants can be released on bail.", "Letthe appellants Siya Ram and Kripa Ram be released on bail during thependency of appeal on furnishing by each of them a personal bond withtwo sureties each in the like amount to the satisfaction of the Courtconcerned provided they deposit fine imposed by the trial court.", "The operation of the sentence of imprisonment shall remainsuspended during the pendency of appeal.", "Summon the lower court record and list the appeal for hearingin due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and also perused the recordof the case.", "In S.T.No.513 of 2001 (case crime no.160 of 1999), appellantBandesh Singh has been convicted and sentenced for the offencepunishable under Sections 323/34, 325/34 and 504 I.P.C. The maximumsentence awarded to him is three years' simple imprisonment alongwith afine of Rs.1000/- and in default of payment of fine to further undergo twomonths' imprisonment.", "It has been contended by the learned counsel for the appellantthat the evidence adduced by the prosecution in support of his case is notreliable one and the offence for which the appellant has been convicted isnot made out against the accused beyond reasonable doubt.", "That theappellant has been falsely involved in the case and the learned trial courthas not properly appreciated the evidence available on record and thatappellant was on bail during trial and the appellant has every hope ofsuccess in appeal.", "Bail has been opposed by learned A.G.A.", "Having regard to the facts and circumstances of thecase, keeping in view the arguments put forward by the learned counselfor the appellant, the probability factors of the evidence on record, termof the imprisonment awarded, conduct of appellant when on bail duringthe trial and the principles laid down by Hon'ble Supreme Court in CaseBhagwan Rama Shinde Gosai(supra), I am of the view that it is a fit casefor bail and suspension of sentence of imprisonment.", "Let appellant be :2:released on bail on furnishing a personal bond with two reliable suretieseach in the like amount to the satisfaction of the C.J.M. concerned ondeposit of amount of fine imposed on him by the trial court.", ":2:", "The sentence of imprisonment awarded to the appellant, shallremain suspended during the pendency of appeal.27.1.2010Tripathi Court No.5 Criminal Appeal No.153 of 2010Shailendra Kumar Tiwari .......Appellant Vs.", "State of Uttar Pradesh .......Opp.", "PartyHon'ble Vedpal,J.", "Summon the lower court record and list the appeal for hearingin due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and also perused the recordof the case.", "In S.T.No.315 of 2005 (case crime no.233 of 2004), appellantShailendra Kumar Tiwari has been convicted for the offence punishableunder Sections 325 I.P.C. and sentenced to undergo four years rigorousimprisonment alongwith fine of Rs.4,000/- and in default of payment offine to further undergo six months' imprisonment.", "It has been contended by the learned counsel for the appellantthat the evidence adduced by the prosecution in support of his case is notreliable one and the offence for which the appellant has been convicted isnot made out against the accused beyond reasonable doubt.", "That theappellant has been falsely involved in the case and the learned trial courthas not properly appreciated the evidence available on record.", "Hefurther contended that on the same evidence of co-accused KaushalKishore Tiwari and Mahesh Tiwari have been acquitted.", "Let appellant bereleased on bail on furnishing a personal bond with two reliable suretieseach in the like amount to the satisfaction of the C.J.M. concerned ondeposit of amount of fine imposed on him by the trial court.", ":2:", "The sentence of imprisonment awarded to the appellant, shallremain suspended during the pendency of appeal.27.1.2010Tripathi Crl.", "In re :", "Appeal No. 149 of 2010.(D).", "Hon'ble Vedpal,J.", "Heard the learned counsel for theappellant.", "This appeal has been filed after aperiod of limitation.", "An application underSection 5 of the Limitation Act.", "A.G.A. to file objection against theapplication the application for condonationof delay within fifteen days.", "List thereafter.", "Appeal No. 149 of 2010.(D).", "Ashok Vs.", "State of U.P.", "Hon'ble Vedpal,J.", "List alongwith application underSection 5 of the Limitation Act with Crl.", "In re :", "Appeal No. 149 of 2010.(D).", "Ashok Vs.", "State of U.P.", "Hon'ble Vedpal,J.", "Heard the learned counsel for theappellant.", "This appeal has been filed after aperiod of limitation.", "An application underSection 5 of the Limitation Act.", "A.G.A. to file objection against theapplication the application for condonationof delay within fifteen days.", "List thereafter.", "Tripathi Court No.5 Criminal Appeal No.136 of 2010Rakesh Kumar Singh and another.", "Appellants Vs.", "State of U.P.", "....Opp.", "PartyHon'ble Vedpal,J.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "506 I.P.C. and under Section 3(1) (X) of SC & ST Act,Police Station Gurubuxganj, District Raebareli.", "The maximum sentence awarded to them under Section 506 I.P.C. wasone year' rigorous imprisonment with a fine of Rs.500/- on each ofthem and in default of payment of fine to further undergo one month'ssimple imprisonment and all the substantive sentences were directedto run concurrently.", "Accused-appellants were on bail during trial andpresently they are on interim bail.", "That there is nothing on record toshow that they ever misused the liberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellants can be released on bail.", "Let each of theabove appellants be released on bail during the pendency of appealon furnishing a personal bond with two sureties each in the likeamount to satisfaction of the court concerned provided they depositthe fine imposed by the trial court.", "Tripathi Court No.5 Criminal Appeal No.148 of 2010Riyaz AhmadAppellant Vs.", "State of U.P.", "....Opp.", "PartyHon'ble Vedpal,J.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Riyaz Ahmad has been beenconvicted in Sessions Trial No.221 of 2006((221-A/2006)(N.C.R.No.18/2004) for the offence punishable under Section 323/34I.P.C. and sentenced to six months' simple imprisonment.", "Accused-appellant was on bail during trial and is presently on interim bail.", "That there is nothing on record to show that he has ever misused theliberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellant can be released on bail.", "Let the aboveappellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties in the like amount tosatisfaction of the court concerned.", "The sentence of imprisonment awarded to the appellant, shallremain suspended during the pendency of appeal.25.1.2010Tripathi ourt No. 7 Criminal Appeal No.148 of 2010Riyaz AhmadAppellant Vs.", "ourt No. 7", "State of U.P.", "....Opp.", "PartyHon'ble Vedpal,J.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Riyaz Ahmad has been beenconvicted in Sessions Trial No.221 of 2006((221-A/2006)(N.C.R.No.18/2004) for the offence punishable under Section 323/34I.P.C. and sentenced to six months' simple imprisonment.", "Accused-appellant was on bail during trial and is presently on interim bail.", "That there is nothing on record to show that he has ever misused theliberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellant can be released on bail.", "Let the aboveappellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties in the like amount tosatisfaction of the court concerned provided he deposits the fineimposed by the trial court.", "The sentence of imprisonment awarded to the appellant, shallremain suspended during the pendency of appeal.25.1.2010Tripathi Original Suit No. 865 of 1997Hon'ble Vedpal,J.", "Taken up today.", "Sri Mohit Kumar, plaintiff in personand Sri N.K. Seth Senior Advocateassisted by Sri Sanjeev Agrawal fordefendant Dato Mohan Swami arepresent.", "Today in this case both the partieshave to admit and deny the documentsfiled by each other.", "The documents arealleged to be in a sealed cover with theRegistrar which have not been sent tothis Court today with the file.", "Both theparties pray that this case be also takenup from morning on10th February,2010when other cases between the partiesare fixed for hearing.", "As prayed by the parties, thiscase be fixed on 10th February,2010 forhearing.", "Registrar of the Court is directedto produce the documents kept in sealedcover in the Court on the date fixed at thetime of hearing.", "21.1.2010TripathiTestamentary Case No. 1 of 2004Hon'ble Vedpal,J.", "Taken up today for hearing.", "The applicant Mohit Kumar inperson and Sri N.K. Seth SeniorAdvocate assisted by Sri Sanjeev Kumar Agrawal for Dr. Dato Mohan Swami arepresent.", "Since both the testamentarycases are to be heard together andTestamentary Case No. 3 of 2003 hasbeen fixed for hearing on 10thFebruary,2010, therefore, this case bealso be fixed for hearing on the sameday.", "21.1.2010Tripathi Testamentary Case No. 3 of 2003Hon'ble Vedpal,J Taken up today for hearing.", "Heard Sri N.K. Seth, Senior counselassisted by Sri Sanjeev Kumar Agrawal forpetitioner and Sri Mohit Kumar, opposite party inperson.", "Sri Mohit Kumar states that his C.M.An.", "No.69254 of 2009 is pending for disposal.", "He also states that hisC.M. Application No. 12334 of 2009 is alsopending for disposal and the copy of thisapplication was sent to Sri Mohit Kumar by postbut Sri Mohit Kumar states that he has notreceived the same, on which Sri N.K.Seth,learned Senior Counsel for the petitionerfurnished copy of Application No. 124334 of 2009to Sri Mohit Kumar today before the Court.", "Sri Mohit Kumar states that he has to filean objection against C.M.An.", "No. 124334 of 2009,the copy of which has been furnished him today.", "He seeks fifteen days' time to file objection.", "Sincethe learned counsel for the petitioner has alsoprayed that C.M. An.", "No.69254 of 2009 moved bySri Mohit Kumar be heard after 8th February,2010and Sri Mohit Kumar also seeks time to fileobjection against petitioner's applicationno.124334 of 2009, therefore, with the consent ofboth the parties the case is fixed for 10thFebruary,2010 for hearing.", "Both the applicationsmoved by the petitioner Dr. Dato Mohan Swamias well as Sri Mohit Kumar shall be heard on that date.", "21.1.2010Tripathi Civil Misc.", "No.4672 of 2010 in reWrit Petition No. 126 (RC) of 2006Ram Pal Vs.", "JokhuHon'ble Vedpal,J.", "This is an application for recall of the orderdated 26.8.2009, dismissing the Writ Petition No.126 (RC) of 2006 for non prosecution.", "It has been stated in the affidavit annexedwith the application that when the case was fixedfor hearing on 26.8.2009, counsel for thepetitioner could not appear in the Court becausehe could not see the case in the cause list.", "benefited by getting the petition dismissed indefault.", "The application is allowed.", "The orderdated 26.8.2009 is recalled.", "The writ petition isrestored to its original number.", "List the petition for hearing.", "The applicant joined the service on 1.10.1986 as a Stenographer inBahraich Judgeship.", "1992, but by means of the W.P.No.", "1990 ,ceasing him from services.", "The said writ petition was allowed and the impugned order was quashed.", "Consequent to the said order, passed in the writ petition, the applicantshall be deemed to be in continuous service.", "Nothing adverse has been reported by the District Judge againstthe applicant.", "In view of the above, the representation is allowed and the DistrictJudge, Bahraich is directed to pay salary of the period from 1.6.1990 to26.8.1990 and 2.7.1991 to 19.4.1992 with all consequential benefits includingthe increment.", "Tripathi (Vedpal) Administrative Judge Session Division ,Bahraich Bahraich 25.1.2010 Officer in Charge Computer I have to say that today,i.e, 25.1.2010 I have uploaded wrong order inCrl.", "Kindlyget it deleted at the earliest.", "(S.P.Tripathi) P.S. to Hon\"ble Vedpal,J.", "Employee No. 2515 Court No.5 Criminal Appeal No.138 of 2010Ashok Kumar Chaubey and another.", "Appellants Vs.", "State of U.P.", "....Opp.", "PartyHon'ble Vedpal,J.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Ashok Kumar Chaubey and ShivKumar Chaubey have been convicted in Sessions Trial No. 78 of 2004(Case Crime No. 50 of 1998) for the offence punishable underSections 323/34, 504, 506 (2)I.P.C. and under Section 3(1) (X) of SC &ST Act, Police Station Motiganj, District Gonda .", "The maximumsentence awarded to them under Section 3(1)(X) S.C. and S.T. Actwas one year's rigorous imprisonment with a fine of Rs.5000/- oneach of them and in default of payment of fine to further undergo twomonths' imprisonment and all the substantive sentences weredirected to run concurrently.", "Accused-appellants were on bail duringtrial and presently they are on interim bail.", "That there is nothing onrecord to show that they ever misused the liberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellants can be released on bail.", "Let each of theabove appellants be released on bail during the pendency of appealon furnishing a personal bond with two sureties each in the likeamount to satisfaction of the court concerned provided they depositthe fine imposed by the trial court.", "Tripathi Court No. 7 Criminal Appeal No.2709 of 2009Shri Ram Yadav and another.", "State of Uttar Pradesh.......Opp.", "PartyHon'ble Vedpal,J.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and also perused the recordof the case.", "In S.T.No.385 of 1993 (case crime no.555 of 1992), appellantsShri Ram Yadav and Raj Kumar have been convicted for the offencepunishable under Section 412 I.P.C. and sentenced to undergo five yearsrigorous imprisonment alongwith fine of Rs.3,000/- payable by each ofthem and in default of payment of fine to further undergo six monthsrigorous imprisonment.", "As per prosecution version, accused appellant Shri Ram Yadavwas found in possession of 30 bags of sugar and appellant Raj Kumar wasfound in possession of twenty five bags of sugar which was the propertyin relation to which dacoity was committed by two persons namely IshakAli @ Mama and Chand Babu.", "Learned counsel for the appellantssubmits that there is no evidence against the appellants that they were inknowledge of the fact that the property which was recovered from hispossession was property in relation to which dacoity was committed andas such the offence does not fall within the purview of section 412 I.P.C.but at the most it may be an offence under Section 411 I.P.C. Learnedcounsel for the appellant in support of his submission relied onMoinuddin Mozumdar Vs.", "Let appellants be releasedon bail on furnishing by each of them a personal bond with two reliablesureties each in the like amount to the satisfaction of the C.J.M./courtconcerned on deposit of amount of fine imposed on them by the trialcourt.", "The sentence of imprisonment awarded to the appellants, shallremain suspended during the pendency of appeal.6.1.2010Tripathi.", "I have considered the respective submissions made by the parties andperused the impugned judgment and order passed by the trial courtalongwith the record of the appeal.", "Let appellant be released on bail on furnishing a personalbond with two reliable sureties each in the like amount to the satisfactionof the C.J.M./court concerned on deposit of amount of fine imposed onhim by the trial court.", "The sentence of imprisonment awarded to the appellant, shallremain suspended during the pendency of appeal.", "Heard learned counsel for the appellant on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No. 275 of 1997(Crime No. 154 of 1994), .", "the appellantSatish has been convicted and sentenced to ten years R.I. along with afine of Rs.2000/ and in default of payment of fine to further undergothree months additional imprisonment for the offence punishable underSections 304 I.P.C.", "The learned counsel for the appellant contended that theappellant has been falsely implicated in the case.", "That on the basis of theevidence available on record the offence for which the accused has beenconvicted is not made out.", "That the evidence adduced by the prosecutionin support of the prosecution case is not reliable one.", "It was furthercontended that as per prosecution version there was an altercationbetween the appellant Satish and deceased Buddha.", "That deceasedBuddha had given a Danda blow to Satish whereupon Satish had alsogiven Phanti blow to Buddha on 2.4. 1994 at 10 a.m. It has further beencontended that the deceased died on 3. 4.1994 at the house of one ShriRam.", "It has further been contended that in the post mortem reportligature mark on the neck of the body of the deceased was found and itwas not prosecution version that the accused caused this injury andthus, the death was not the result of the injuries allegedly caused to thedeceased by the accused-appellant.", "That the appellant was on bailduring trial and there is nothing on record to show that he has misusedthe liberty of bail and he has every hope of success in appeal.", "Considered the respective submissions made by the parties.", "Itreveals from the perusal of the record that as per prosecution versionaccused had given only one blow of Phanti to deceased Buddha,while atthe time of post mortem examination ligature mark was found on theperson of the deceased.", "The prosecution has not explained from wherethis injury was received by deceased.", "The death of deceased had alsooccurred on the next day of the incident at the house of one Sri Ram.", "Inview of the facts and circumstances of the case, having regard to thenature of evidence,adduced during trial and the probability factor, I am ofthe opinion that the appellant can be released on bail during thependency of appeal on furnishing a personal bond with two sureties eachin the like amount to the satisfaction of the C.J.M. concerned provided he 2deposits fine imposed by the trial court.", "The operation of the sentence of imprisonment shall remainsuspended during the pendency of appeal, thereafter.", "Heard learned counsel for the appellant on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No.1166 of 2006(Crime No. 359 of 2005), appellantSandeep Rawat alias Panta has been convicted and sentenced underSections 395,397 and 412 I.P.C. The maximum sentence awarded to himunder Section 395 I.P.C. is ten years rigorous imprisonment along with afine of Rs. 5000/- and in default of payment of fine to further undergothree months additional imprisonment.", "The learned counsel for the appellant contended that theappellant has been falsely implicated in the case.", "That on the basis of theevidence available on record the offence for which the accused has beenconvicted is not made out.", "That the applicant is neither named in theF.I.R. nor he was put up for identification and there is no evidence toconnect him with the crime in question.", "That only evidence against himis the alleged recovery of golden bangles.", "It has further been contendedthat the alleged recovery is also doubtful as arrest of the applicant afterwhich recovery is said to have been made out was held doubtful in thejudgment of S.T.No.896 of 2006 wherein the appellant was acquitted.", "Itis also submitted that P.W.-1 Smt. Vinita Chandra has stated in herevidence that applicant was previously known to her but even thenapplicant was not named in the F.I.R. That the appellant was on bailduring trial and there is nothing on record to show that he has misusedthe liberty of bail and he has every hope of success in appeal.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "The submissions made above by the learned counsel for the appellanthave substance and as such having regard to the submissions and natureof the evidence adduced by the prosecution during trial and probabilityfactor of the case, I am of the opinion that the appellant may be releasedon bail during the pendency of appeal by suspending sentence ofimprisonment.", "Let the appellant be released on bail during the pendency ofappeal on furnishing a personal bond with two sureties each in the likeamount to the satisfaction of the C.J.M. concerned provided the appellantdeposits fine imposed on him by the trial court.", "On furnishing therequired bonds and on depositing the amount of fine, the operation of thesentence of imprisonment shall remain suspended during the pendency ofappeal.", "Heard learned counsel for the appellant on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No.1167 of 2006(Crime No.359 of 2005), appellant Arifalias Modi has been convicted and sentenced under Sections 395,397and 412 I.P.C. The maximum sentence awarded to him under Section 395I.P.C. is ten years rigorous imprisonment along with a fine of Rs.5000/-and in default of payment of fine to further undergo three monthsadditional imprisonment.", "Learned counsel for the appellant contended that the appellanthas been falsely implicated in the case.", "That on the basis of the evidenceavailable on record the offence for which the accused has been convictedis not made out.", "It has been contended by the learned counsel for theappellant that there is no reliable evidence against the applicant.", "Thatthe applicant is neither named in the F.I.R. nor he was put up foridentification and there is no evidence to connect him with the crime inquestion.", "That only evidence against him is the alleged recovery ofgolden chain.", "It has further been contended that the alleged recovery isalso doubtful as arrest of the applicant after which recovery is said tohave been made out was held doubtful in the judgment of S.T.No.896 of2006 wherein the appellant was acquitted.", "It was further submitted thatappellant Arif was allegedly arrested by the police on 8.9.2005 whiletelegram regarding his arrest was given on 6.9.2005, much earlier thedate of alleged arrest and recovery.", "It was also submitted that theappellant was on bail during trial and there is nothing on record to showthat he has misused the liberty of bail and he has every hope of successin this appeal.", "Considered the respective submissions made by the parties.", "The submissions made above by the learned counsel for the appellanthave substance and as such having regard to the submissions and natureof the evidence adduced by the prosecution during trial and probabilityfactor of the case, I am of the opinion that the appellant may be releasedon bail during the pendency of appeal by suspending sentence ofimprisonment.", "Let the appellant be released on bail during the pendency ofappeal on furnishing a personal bond with two sureties each in the likeamount to the satisfaction of the C.J.M. concerned provided the appellant :2:deposits fine imposed on him by the trial court.", "On furnishing therequired bonds and on depositing the amount of fine, the operation of thesentence of imprisonment shall remain suspended during the pendency ofappeal.", ":2:", "Heard learned counsel for the appellant on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No.1166 of 2006(Crime No. 359 of 2005), the appellantRaju has been convicted and sentenced under Sections 395, 397 and412 I.P.C. The maximum sentence awarded to him under Section 395I.P.C. is ten years rigorous imprisonment along with a fine of Rs. 5000/-and in default of payment of fine to further undergo three monthsadditional imprisonment.", "The learned counsel for the appellant contended that theappellant has been falsely implicated in the case.", "That on the basis of theevidence available on record the offence for which the accused has beenconvicted is not made out.", "It has been contended by the learned counselfor the appellant that there is no reliable evidence against the applicant.", "That the applicant is not named in the F.I.R. and only evidence againsthim is the alleged recovery of mobile, which has not been described inthe F.I.R. and no Sim number of the mobile was given in the F.I.R. and itis common article.", "It was further contended that the appellant was put upfor identification before the three witnesses but none of them couldidentify him.", "That the appellant was on bail during trial and there isnothing on record to show that he has misused the liberty of bail and hehas every hope of success in appeal, so he deserves bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "Inview of the above facts and circumstances of the case, having regard tothe nature of evidence adduced during trial and the probability factor, Iam of the opinion that the appellant can be released on bail during thependency of appeal on furnishing a personal bond with two sureties eachin the like amount to the satisfaction of the C.J.M. concerned provided hedeposits fine imposed by the trial court.", "The operation of the sentence of imprisonment shall remainsuspended during the pendency of appeal, on furnishing bail bonds anddeposit of fine.", "Heard learned counsel for the appellants on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No.1166 of 2006(Crime No.359 of 2005), the appellantsJaved and Sharik Hussain@ Poot @ Pootar have been convicted andsentenced under Sections 395 and 397 I.P.C. The maximum sentenceawarded to them under Section 395 I.P.C. is ten years rigorousimprisonment along with a fine of Rs. 5000/- and in default of payment offine to further undergo three months additional imprisonment.", "The learned counsel for the appellants contended that theappellants have been falsely implicated in the case.", "That on the basis ofthe evidence available on record the offence for which the accused havebeen convicted is not made out.", "That the evidence adduced by theprosecution in support of the prosecution case is not reliable one.", "It hasfurther been contended that the appellants Javed and Sharik Hussain @Poot @ Pootar were put up for identification before three witnesses butnone of them could identify him and there is no other evidence againstthem.", "That the appellants were on bail during trial and there is nothingon record to show that they ever misused the liberty of bail and theyhave every hope of success in appeal, and as such they deserve bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "Itreveals from perusal of the record that appellants Javed and SharikHussain @ Poot @ Pootar were put up for identification before threewitnesses but none could identify them and they were also not named inthe F.I.R. and no article is alleged to have been recovered from theirpossession.", "In view of the above facts and circumstances of the case,having regard to the nature of evidence adduced during trial and theprobability factor, I am of the opinion that the appellants can be releasedon bail during the pendency of appeal on furnishing by each of them apersonal bond with two sureties each in the like amount to thesatisfaction of the C.J.M. concerned provided they deposit fine imposedby the trial court.", "On furnishing bail bonds and deposit of fine, theoperation of the sentence of imprisonment shall remain suspended duringthe pendency of appeal.", "Heard learned counsel for the appellant on the prayer for bail,learned A.G. A. and perused the record of the case.", "In S.T.No.82 of 1999 (Crime No. 80 of 1999, Police StationKotwali Nagar, Barabanki), the appellant Abhai Raj Singh has beenconvicted and sentenced under Sections 376 I.P.C. for a period of tenyears rigorous imprisonment along with a fine of Rs. 5000/- and in defaultof payment of fine to further undergo rigorous imprisonment for a periodof one year.", "The learned counsel for the appellant contended that theappellant has been falsely implicated in the case and there is no reliableevidence against the appellant.", "That prosecutrix is a married and majorwoman and the prosecution story as put forward is not probable.", "That asper prosecution version the prosecutrix was taken forcibly in a sugarcane field where the rape is alleged to have been committed but noexternal mark of injury was found at the time of medical examinationwhich belies the prosecution version.", "It is further submitted that theappellant was on bail during trial and there is nothing on record to showthat he ever misused the liberty of bail and he has every hope ofsuccess in appeal, and as such he deserves bail.", "Considered the respective submissions made by the parties.", "Admittedly, the prosecutrix is a major and married woman.", "At the time ofmedical examination, no mark of injury was found on her person, eventhough it is alleged that she was forcibly taken in the sugar cane field.", "In view of all these facts and circumstances of the case, having regard tothe nature of evidence adduced during trial and the probability factor, Iam of the opinion that the appellant can be released on bail during thependency of appeal on furnishing a personal bond with two sureties eachin the like amount to the satisfaction of the C.J.M. concerned providedthey deposit fine imposed by the trial court.", "On furnishing bail bonds anddeposit of fine, the operation of the sentence of imprisonment shallremain suspended during the pendency of appeal.29.1.2010Tripathi Hon'ble Vedpal,J.", "Heard the parties.", "Heard learned counsel for the appellants and learned A.G.A onthe prayer for bail and perused the record of the case.", "In S.T.No.441 of 2008 (Crime No.171 of 2007), Police StationMakhi, District Unnao, the appellants Raj Kamal Singh, Chhanga Singh,Nan Singh and Gora Singh have been convicted and sentenced underSections 307/34, 504 and 506 I.P.C. The maximum sentence awarded tothem is eight years' rigorous imprisonment along with a fine ofRs.8,000/- and in default of payment of fine to further undergo rigorousimprisonment for a period of six months rigorous imprisonment.", "Prayer for bail on behalf of appellant no.1 Raj Kamal Singh hasnot been pressed at this stage.", "Therefore, it is refused at this stage asnot pressed.", "In regard to appellants Chhanga Singh, Nan Singh and GoraSingh, it has been submitted by the learned counsel for the appellantsthat they have been falsely implicated in the case and there is no reliableevidence against the appellants.", "That the role of causing fatal injury toVinod Kumar by fire arm has been assigned to Raj Kamal Singh and norole of causing injury has been assigned to them.", "That it has further beencontended that there is no reliable evidence to connect the appellantswith the crime in question and their participation in the incident is notproved beyond doubt.", "That the appellants were on bail during trial andthere is nothing on record to show that they ever misused the liberty ofbail and they have every hope of success in appeal, and as such theydeserve bail.", "Bail has been opposed by learned A.G.A. However, it has beenconceded that the role of causing injury to Vinod Kumar, has beenassigned to Raj Kamal Singh and role of causing injury was not assignedto the appellants Chhanga Singh, Nan Singh and Gora Singh.", "Considered the respective submissions made by the parties.", "There is substance in the submissions of the learned counsel for theappellants.", "Heard learned counsel for the appellants and learned A.G.A. onthe prayer for bail and perused the record of the case.", "In S.T.No.752 of 2007 (Crime No. 257 of 2007,Police StationBiswan,Sitapur), the appellants Ramu and Kialsh have been convictedand sentenced under Section 304/34 I.P.C. to undergo rigorousimprisonment for a period of seven years and a fine of Rs.5000/- and indefault of payment of fine to further undergo six months' rigorousimprisonment.", "Prayer for bail on behalf of appellant no.1 Ramu has not beenpressed at this stage.", "Therefore, it is refused at this stage as not pressed.", "It has been submitted by learned counsel for the appellants thatthey have been falsely implicated in the case and there is no reliableevidence against them on the basis of which they could have beenconvicted for the offence punishable under Section 304 I.P.C. It hasfurther been contended that the evidence adduced by the prosecution isnot reliable.", "He further submitted that appellant Kailash has beenassigned the role of catching hold only and the main role of causing fatalinjuries has been assigned to Ramu.", "That the appellant Kailash was onbail during trial and there is nothing on record to show that he evermisused the liberty of bail and he has every hope of success in appealand as such he deserves bail.", "Bail has been opposed by learned A.G.A. However, it has beencontended that Kailash has been assigned the role of catching hold andthe role of causing fatal injuries has been assigned to Ramu.", "Considered the respective submissions made by the parties.", "It has been submitted by learned counsel for the appellant thathe has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence punishable under Section 376 I.P.C. It hasfurther been contended that the evidence adduced by the prosecution isnot reliable.", "He further submitted that the prosecutrix has attained theage of discretion and is above 18 years of age and she in her statementhas deposed that she had relation with the appellant Ujagar since lastone month from the date of incident and, thus, the alleged offence is notmade out against the appellant and the appellant was on bail during trialand there is nothing on record to show that he ever misused the libertyof bail and he has every hope of success in appeal and as such hedeserves bail.", "Considered the respective submissions made by the parties.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Munna Surti has been convicted inSessions Trial No 503 of 2003 (Case Crime No. 439 of 2002) for theoffence punishable under Sections 323 and 504 I.P.C. and has beensentenced to undergo five months' s simple imprisonment alongwitha fine of Rs. 500/- and in default of payment of fine to further undergofifteen days' imprisonment .", "Accused-appellant was on bail duringtrial and presently he is on interim bail.", "Let theabove appellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed upon him by the trial court.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Sri Nath, Kalika and Ram Bhawanhave been convicted in Sessions Trial No. 286 of 1996 (Case Crime490 of 1996) for the offence punishable under Sections 323,506I.P.C. as well as under Section 3(1)(X) S.C. and S.T. Act .Themaximum sentence awarded to them under Section 506 I.P.C. is oneyear's rigorous imprisonment along with a fine of Rs.1000/- and indefault of payment of fine to further undergo three months' simpleimprisonment.", "Accused-appellants were on bail during trial andpresently they are on interim bail.", "Heard learned counsel for the appellant and learned A.G.A. onthe prayer for bail and perused the record of the case.", "In S.T.No.", "567 A of 2007 (Crime No. 112 of 2006,Police StationThakurganj, Lucknow ), the appellant Salauddin has been convicted andsentenced under Section 307 I.P.C. to undergo rigorous imprisonmentfor a period of six years and a fine of Rs.5000/- and in default of paymentof fine to further undergo five months' imprisonment.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence punishable under Section 307 I.P.C. It hasfurther been contended by learned counsel for the appellant that in thiscase co-accused Mahendra Kumar Gupta and Nasir were acquitted on thesame evidence, on the basis of which the appellant has been convicted.", "It was further stated that initially it was alleged that injuries werecaused with knife while during trial the knife was converted into Chapar.", "All the injuries alleged to have been caused by the appellant were simplein nature and at the most the offence falls under Section 324 I.P.C. onlyand the appellant has every hope of success in appeal and as such hedeserves bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "Kisana Devi and another Appellants Vs.", "Heard learned counsel for the appellants and learned A.G.A. onthe prayer for bail and perused the record of the case.", "In S.T.No. 252 of 2003 (Crime No. 121 of 2001,Police StationLalganj, Rae Bareli ), the appellants Smt. Kisana Devi and Sri RamBahadur have been convicted and sentenced under Sections 363/366I.P.C.The maximum sentence awarded to them under Section 366 I.P.C. isto undergo rigorous imprisonment for a period of seven years and a fineof Rs.2000/- and in default of payment of fine to further undergo onemonth's imprisonment.", "It has been submitted by the learned counsel for the appellantsthat they have been falsely implicated in the case and there is noreliable evidence against them on the basis of which they could havebeen convicted.", "It has further been contended that the appellants are notnamed in the F.I.R., though F.I.R. was lodged after inordinate delay of 22days and as per medical certificate and in the statement of theprosecutrix the age of the prosecutrix was about 18 years.", "Thatprosecution version is not probable against the appellants and they haveevery hope of success in appeal .", "That the appellants were on bail duringtrial and there is nothing on record to show that they ever misused theliberty of bail and as such they deserve bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Bobby Singh has been convicted inSpecial Session Trial No.76 of 2007 (Case Crime No. 243 of 2006 )for the offence punishable under Sections 323 and 354 I.P.C. and hasbeen sentenced to undergo one year's rigorous imprisonment.", "Accused-appellant was on bail during trial and presently he is oninterim bail, and there is nothing on record to show that he evermisused the liberty of bail.", "Let theabove appellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed upon him by the trial court.", "Thereafter the sentence of imprisonment awarded to the appellant,shall remain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Ramu has been convicted in S.T.No.439 of 2009( Crime No. 489 of 2008) under Section 3/25 ( 1-b (a)Arms Act and sentenced to one year's rigorous imprisonment alongwith a fine of Rs.5000/- and in default of payment of fine to furtherundergo additional six months' rigorous improvement.", "Accused-appellant was on bail during trial and presently he is on interim bail.", "That there is nothing on record to show that he ever misused theliberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellant can be released on bail.", "Let theabove appellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed upon him by the trial court.", "Thereafter the sentence of imprisonment awarded to the appellant,shall remain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Smt. Vimla has been convicted inSession Trial No. 538 of 2007( Case Crime No. 74 of 2002) for theoffence punishable under Sections 363 and 366 I.P.C. and maximumsentence awarded to her under Section 366 I.P.C. is three years'rigorous imprisonment along with a fine of Rs. 200/-, in default ofpayment of fine to further undergo five months' imprisonment.", "The accused-appellant Kamla has been convicted inSession Trial No. 484 of 2007( Case Crime No. 74 of 2002) for theoffence punishable under Sections 363 and 366 I.P.C. and maximumsentence awarded to her under Section 366 I.P.C. is three years'rigorous imprisonment along with a fine of Rs. 200/-, in default ofpayment of fine to further undergo five months' imprisonment.", "Accused-appellants were on bail during trial and presentlythey are on interim bail.", "That there is nothing on record to show thatthey ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Let theabove appellants be released on bail during the pendency of appealon furnishing a personal bond with two sureties each in the likeamount to satisfaction of the court concerned provided they depositthe fine imposed upon them by the trial court.", "Thereafter the sentence of imprisonment awarded to theappellants, shall remain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Smt. Vimla has been convicted inSession Trial No. 538 of 2007( Case Crime No. 74 of 2002) for theoffence punishable under Sections 363 and 366 I.P.C. and maximumsentence awarded to her under Section 366 I.P.C. is three years'rigorous imprisonment along with a fine of Rs. 200/-, in default ofpayment of fine to further undergo five months' imprisonment.", "The accused-appellant Kamla has been convicted inSession Trial No. 484 of 2007( Case Crime No. 74 of 2002) for theoffence punishable under Sections 363 and 366 I.P.C. and maximumsentence awarded to her under Section 366 I.P.C. is three years'rigorous imprisonment along with a fine of Rs. 200/-, in default ofpayment of fine to further undergo five months' imprisonment.", "Accused-appellants were on bail during trial and presentlythey are on interim bail.", "That there is nothing on record to show thatthey ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Let theabove appellants be released on bail during the pendency of appealon furnishing by each of them a personal bond with two suretieseach in the like amount to satisfaction of the court concernedprovided they deposit the fine imposed upon them by the trialcourt.", "Thereafter the sentence of imprisonment awarded to theappellants, shall remain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Prem Narayan, Ram Padarath,Babban and Jabbar have been convicted in S.T.No. 18 of 2009(CrimeNo.", "3 of 2007) under Sections 323/34 and 506 I.P.C. The maximumsentence awarded them under Section 506 I.P.C. is two and half yearsrigorous imprisonment.", "The accused -appellants were on bail duringtrial and presently they are on interim bail.", "That there is nothing onrecord to show that they ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Let theabove appellants be released on bail during the pendency of appealon furnishing by each of them a personal bond with two suretieseach in the like amount to satisfaction of the court concerned.", "Thereafter the sentence of imprisonment awarded to theappellants, shall remain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Jagannath,Pramod, Shyamu aliasBhayanna, Ramesh and Keshav have been convicted in S.T.No. 739 of2007( Crime No. 189 of 2007) under Sections 147,323/149 I.P.C. Themaximum sentence awarded to them under Section 323/149 I.P.C. isone year's rigorous imprisonment.", "The accused -appellants were onbail during trial and presently they are on interim bail.", "That there isnothing on record to show that they ever misused the liberty of bail.", "In view of the above, having regard to the facts andcircumstances of the case and the term of imprisonment awarded, Iam of the opinion that the appellants can be released on bail.", "Let theabove appellants be released on bail during the pendency of appealon furnishing by each of them a personal bond with two suretieseach in the like amount to satisfaction of the court concerned.", "Thereafter the sentence of imprisonment awarded to theappellants, shall remain suspended during the pendency of appeal.1.2.2010Tripathi Criminal Appeal No.2177 of 2009Pradeep Kumar Kaushal Vs.", "State of U.P.", "Hon'ble Vedpal,J.", "The order corrected today.", "1.2.2010TripathiCriminal Appeal No.2225 of 2009Mukesh Kumar Kaushal Vs.", "State of U.P.", "Hon'ble Vedpal,J.", "The order corrected today.", "1.2.2010Tripathi Incharge Computer I have inadvertently uploaded wrong oder in CriminalAppeal No. 2227 of 2009 Mukesh Kumar Vs.", "State of U.P. , the orderdated 1.2.2010,passed by Hon'ble Vedpal,J. Kindly delete the saidorder at the earliest.", "Shri Prakash Tripathi P.S.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellants as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellants Shishu Pal, Shambhu Yadav andSewak have been convicted under Sections 323/34,506 I.P.C. and 3(1)(X) S.C. and S.T.Act in Special Session Trial No. 62 of 1999 (CrimeNo. 63 of 1998).", "The maximum sentence awarded to them underSection 3(1)(X) S.C. and S.T. Act was one year's rigorousimprisonment with a fine of Rs.3000/- on each of them and in defaultof payment of fine to further undergo fifteen days' imprisonment andall the substantive sentences were directed to run concurrently.", "Accused-appellants were on bail during trial and presently they areon interim bail.", "That there is nothing on record to show that theyever misused the liberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellants can be released on bail.", "Let each of theabove appellants be released on bail during the pendency of appealon furnishing a personal bond with two sureties each in the likeamount to satisfaction of the court concerned provided they depositthe fine imposed by the trial court.", "The sentence of imprisonment awarded to the appellants, shallremain suspended during the pendency of appeal.", "Summon the lower court record within three weeks and listthe appeal for hearing in due course.", "Heard learned counsel for the appellant as well as learnedA.G.A. on the prayer for bail pending appeal and suspension ofsentence also.", "Perused the impugned judgment and order.", "The accused-appellant Raju has been convicted in S.T.No.401 of 2005 (Crime No. 8 of 1991) under Section 324 I.P.C. andsentenced to two years' imprisonment along with a fine of Rs.2000/-and in default of payment of fine to further undergo three months'simple imprisonment.", "The appellant was on bail during trial andpresently he is on interim bail.", "That there is nothing on record toshow that he ever misused the liberty of bail.", "Having regard to the facts and circumstances of the case inview of the above and the term of imprisonment awarded, I am of theopinion that the appellant can be released on bail.", "Let the aboveappellant be released on bail during the pendency of appeal onfurnishing a personal bond with two sureties each in the like amountto satisfaction of the court concerned provided he deposits the fineimposed by the trial court.", "Thereafter the sentence of imprisonment awarded to theappellant, shall remain suspended during the pendency of appeal.", "Court No. 5", "Heard learned counsel for the appellant and learned A.G.A. onthe prayer for bail and perused the record of the case.", "In S.T.No. 1389 of 2008 (Crime No. 223 of 2008) the appellanthas been convicted under Sections 363, 366, 376 and 506 I.PC.", "Themaximum sentence awarded to him under Section 376 I.P.C. is sevenyears imprisonment along with a fine of Rs.5000/- and default of ofpayment of fine to further undergo six months' simple imprisonment.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence punishable under Section 376 I.P.C. It hasfurther been submitted by learned counsel for the appellant that theproscutrix was above 18 years of age at the time of alleged incident asper medical examination.", "Thus, she had attained the age of discretion andremained with the accused for about four days and she did not raise anyalarm at that time.", "That presently the prosecutrix and the appellant areresiding with each other as a husband and a wife and on the basis of theevidence on record the offence for which the accused-appellant has beenconvicted is not made out and the appellant has every hope of success inappeal and as such he deserves bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties.", "No.92379 of 2009 in re Criminal Appeal No. 2514 of 2008Rajnesh Applicant Vs.", "Heard learned counsel for the appellant and learned A.G.A.on the prayer for bail and perused the record of the case.", "In S. T. No. 717 of 2007 ( Crime No. 290/2007) the appellantRajnesh along with Hansu has been convicted for the offencepunishable under Sections 366 and 376 (2) G I.P.C. The maximumpunishment awarded to them under Section 376 (2) I.P.C. is ten years'imprisonment along with a fine of Rs.4000/- and in default of payment offine to further undergo imprisonment of two months.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence for which he has been convicted.", "It has furtherbeen contended by learned counsel for the appellant that co-accusedHansu having similar case has already been admitted to bail by Hon'bleMr.", "Justice Alok Kumar Singh under his order dated 1.5. 2009 as theallegation of rape was also against the appellant Hansu admitted to bail.", "It has further been contended that as per medical examination theprosecutrix is a major girl and she remained with the accused for aboutsix months,but she did not raise any objection while she was living withthe appellant .It has further been contended that the brother of theprosecutrix himself has deposed in support of the appellant that hisfather wanted to marry his sister with the appellant Rajnesh.", "That thereis every hope of success in appeal and as such appellant deserves bail.", "Bail has been opposed by learned A.G.A. However, it isconceded by learned A.G.A. that co -accused has been admitted to bailand the prosecutrix is a major girl.", "Considered the respective submissions made by the parties.", "The submissions of the learned counsel for the appellant find supportfrom the record.", "This is an application for stay of the amount of fine till thedisposal of the appeal.", "The order granting bail to the appellant was passed on21.1.2008 by Hon'ble Mr Justice K.K.Mishra ( since retired).", "There mustbe sufficient ground to stay the realization of fine while granting bail tothe appellant.", "No such ground has been shown in the affidavit,accompanying this application.", "No sufficient ground exists for staying the realization of fine.", "The application is rejected.", "In S.T.No. 874 of 2004(Crime No. 417 of 2003) the appellantAnit Kumar Awasthi has been convicted under Sections 498-A and 306I.P.C. The maximum sentence awarded to him under Section 306 I.P.C. isseven years rigorous imprisonment with a fine of Rs.30,000/- and indefault of payment of fine to further undergo imprisonment for a periodof one year.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence punishable under Sections 498-A and 306 I.P.C.It has further been submitted by learned counsel for the appellant thatthe accused-appellant is in jail since the last four and half years and outof maximum sentence awarded to him for a period of seven years, he hasundergone substantial portion of the imprisonment.", "During the trial hewas on bail and he never misused the liberty of bail and the appellanthas every hope of success in appeal and as such he deserves bail.", "In S.T.No. 454 of 2003 ( Crime No. 667of 2003) the appellantDeep Narain was convicted for the offence punishable under Sections 304(2), 308, 323 and 336 I.P.C. The maximum sentence awarded to himunder Section 304(2) I.P.C. eight years' rigorous imprisonment alongwith a fine of Rs.5000/- and in default of payment of fine to furtherundergo simple imprisonment for a period of one year.", "All the sentenceswere directed to run concurrently.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offence for which he has been convicted.", "In S.T.No. 349 of 2003(Crime No. 251 of 2002) the appellantTaslim along with two others has been convicted for the offencepunishable under Section 307 and 324 I.P.C. The maximum sentenceawarded to him under Section 307 I.P.C. is seven years' rigorousimprisonment with a fine of Rs.5000/- and in default of payment of fineto undergo further rigorous imprisonment for six months.", "It has been submitted by the learned counsel for the appellantthat he has been falsely implicated in the case and there is no reliableevidence against him on the basis of which he could have beenconvicted for the offences for which he has been convicted It hasfurther been submitted by learned counsel for the appellant that Taslim issaid to have been armed with rifle during the incident but no injurycaused by fire of rifle was found on the person of Nirmal Singh and allthe injuries were found to have been caused from the firing of gun as inthe X-ray examination pellets were found.", "It has further been submittedthat injured Nirmal, who sustained gun shot injuries, had also stated thatunknown person had made fire on him with gun and thus there is noevidence to connect Taslim with the present case.", "It has further beensubmitted that after investigation of the case final report was submittedagainst Taslim and he was summoned to face trial under the provisions ofSection 319 Cr.P.C. and the appellant has every hope of success in appealand as such he deserves bail.", "Bail has been opposed by learned A.G.A.", "Considered the respective submissions made by the parties." ]	[ "Section 323 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 366 in The Indian Penal Code", "Section 504 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 395 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 376 in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 397 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 411 in The Indian Penal Code", "Section 306 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 379 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 354 in The Indian Penal Code", "Section 452 in The Indian Penal Code" ]
1825211	[ "He also got written complaint scribed by ChandraBhan, Pradhan of the village (PW-3) and lodged it alongwith his thumb impressionat 13:30 hours.", "The allegations in the FIR are as follows:", "The Injured-Deceased started from his house at 10:30 hours after having his food ;", "When the Injured-Deceased reached the house of Daya Ram then, the Appellant came out of his house and gave a knife blow in the stomach of the Injured-Deceased;", "There is a case in consolidation against one Maniram.", "The Appellant was asking contribution for the same.", "The Appellant became on inimical with the Injured-Deceased, because the Injured-Deceased refused to contribute; The Injured-Deceased has come alongwith his elder brother Ram Prasad to lodge report.", "The Injured-Deceased died in the hospital at 21:30 hours on the same date.", "The Appellant was arrested and the knife was also recovered on his pointing outon the same date at 18:30 hours.", "Written report (Ex Ka-8);", "Injury Report (Ex Ka-1);", "Reference Letter (Ex Ka-2);", "The Appellant need not surrender.", "His bail bonds arecancelled and sureties are discharged.", "For detailed orders, see our orders of date passed on separate sheet of papersattached in the appeal.", "Date: 9.7.2010SKS", "HON'BLE SURENDRA SINGH, J.", "THE FACTS Regarding Record", "The original file of the case was not sent by the trial court.", "It appears that therecord has been lost.", "This court ordered for reconstruction of the record.", "The courtbelow reconstructed the record that contained only check report, charge sheet andcopy of the judgement.", "Thereafter, Sri Devendra Swarup, counsel for Thakuri alias Thakur Das (theAppellant) offered to file carbon copies of the statements and other documents(order dated 9.11.2009).", "The record has been reconstructed.", "It contains the carbon copies of thestatements and many of the exhibits though there is some confusion regardingexhibit numbers.", "It is on the basis of this record that we are deciding the appeal.", "At this stage, we wish to record our appreciation for Sri Devendra Swarup for hishelp in reconstructing the record.", "Without his help, this was not possible.", "Relating To The Case", "An incident happened on 22.2.1981 at 10:30 hours.", "In this incident Har Das (theInjured-Deceased) was injured.", "The police investigated the case and submitted a charge sheet.", "TheSessions Judge framed charge against the appellant under section 302 IPC.", "Among others, the prosecution filed the following documents:", "FIR (Ex Ka-11);", "Post mortem report (Ex Ka-9);", "Recovery memo of the knife (Ex Ka-19);", "Statement of the Injured-Deceased under section 161 that was proved as dying declaration (Ex Ka-19).", "The prosecution examined the following witnesses:", "Dr. RK Gupta (PW-1): Doctor, examined the injuries; Aydhya Prasad (PW-2): Sub Inspector, prepared the inquest; Chandra Bhan, Pradhan (PW-3): Scribe of the written report; Advesh Singh (PW-4): Constable, carried the dead body from hospital for postmortem;", "Dr. BB Rai (PW-5): Doctor, conducted the postmortem;", "Ram Prasad (PW-6): Eyewitness, elder brother of the Deceased; Daya Ram (PW-7): Eyewitness and witnesses of the recovery of the knife; Dhani Ram (PW-8): Constable, prepared the chick; Sattar Khan (PW-9): Eyewitness;", "RD Maurya (PW-10): First Investigation Officer (IO); RS Yadav (PW-11): Second Investigation Officer.", "POINTS FOR DETERMINATION", "We have heard Sri Devendra Swarup, counsel for the appellant and Sri AKDwivedi, AGA for the State.", "The following points arise for determination in thecase.", "(i) Whether the Appellant gave knife blow to the Injured-Deceased;", "(ii) Whether the Appellant is guilty?", "This reportthat was written by Chandra Bhan (PW-3), who deposed that:", "(i) Written report (Ex Ka-8) was written by him (PW-3) on dictation of the Injured-Deceased.", "It was read over to him thereafter the Injured-Deceased had put his thumb impression on the same;", "(ii) PW-3 denied suggestions that:", "In our opinion, the written report (Ex Ka-9) is a dying declaration and has beenrightly so treated by the court below.", "No statement of the Injured-deceased was recorded before the Magistrate.", "However, the statement under section 161 CrPC was recorded by the first IO.", "Thefirst IO (PW-10) deposed that he had taken statement of the injured Deceased.", "There is some confusion as to when his statement was recorded but the first IOhas deposed that he had recorded the statement.", "In the written report Ex. Ka-9 and Ka-19 (treated as dying declaration), it hasbeen mentioned that the Deceased was given knife blow by the Appellant.", "There isno contradiction between the two on this account.", "The prosecution examined eleven witnesses.", "Out of these, three namely RamPrasad (PW-6), Dhani Ram (PW-8), and Sattar Khan (PW-9) are eyewitnesses.", "Rest of them are witnesses of formal nature.", "It is correct that in the written complaint (Ex Ka-9) scribed by Chandra Bhan(PW-3), there is no mention of any eyewitness.", "However, in the statement undersection 161 (treated as dying declaration, Ex Ka-19) it has been indicated that thewritten complaint was dictated in a hurry and as such the names of theeyewitnesses were omitted.", "The site plan indicates that:", "The houses of Daya Ram (PW-7) and the Appellant is in south of the house of the Injured-deceased; and The houses of Daya Ram (PW-7) and the Appellant is adjacent to each other.", "His presence on the spot is natural.", "Daya Ram (PW-7) is not only witness of recovery but also an eyewitness.", "Hedeposed that at the time of incident no family member of the Injured-Deceased waspresent This, at the most, may mean that Ram Prasad (PW-6), the elder brother ofthe Injured-Deceased, was not there, but his statement does not mean that SattarKhan (PW-9) or Daya Ram (PW-7) himself were not present.", "They have deposedthat the knife blow was given by Daya Ram (PW-7).", "Considering the entire evidence on record, in our opinion the prosecution hasproved beyond reasonable doubt that the Appellant gave knife blow to the Injured-Deceased.", "3rd POINT: GUILTY UNDER SECTION 304 PART-I IPC The Motive", "According to the prosecution case, the motive for the crime was that theAppellant was in inimical terms with the Injured-Deceased as he had refused tocontribute for the case against Mani Ram in the consolidation.", "The Appellant has filed the judgment of theDeputy Director of Consolidation dated 18.6.1980 (Ex kha-2) as well as copy of theresolution of the Gaon Sabha dated 4.7.1980 (Ex Kha-3).", "Both these documentsare prior to the date of the incident.", "The case was already over and there was noquestion of asking any contribution.", "Ram Prasad (PW-6) is the elder brother of the Injured-Deceased.", "This fact was neither stated by Ram Prasad (PW-6) before the trial court norany question in this regard was asked by the counsel for the Appellant.", "However,the Appellant in his statement under section 313 CrPC in his answer to questionno.", "16 has said that the Injured-Deceased used to tease women of the village.", "The AGA submitted that:", "It is statement under section 161; and It cannot be taken into account.", "The statement of Ram Prasad ((PW-6) was recorded by the IO.", "There is nostatement by him that he had falsely recorded statement of anyone.", "No questionwas asked from him in the cross examination.", "The statement is such that anyperson or the Appellant would be reluctant to ask or put it as suggestion as itconcerns his wife.", "In our opinion, this could be the cause for causing injury.", "Not Guilty of Murder", "The prosecution case as well as the oral evidence is that only one knife blowwas given in the stomach.", "Dr. BB Rai (PW-5) conducted the postmortem.", "He has deposed that ordinarilythe injury was sufficient to cause the death.", "However, Dr. RK Gupta (PW-1) is thedoctor who had examined the injuries initially.", "He deposed that he did not get dyingdeclaration recorded as there was no chance of the Injured-Deceased dying in thenear future.", "Sri RD Maurya (PW-10), IO has also deposed that he did not get dyingdeclaration recorded as there was no likelihood that the Appellant would die.", "There is a different version regarding the injury of the Injured-Deceased.", "Thedifference is among the doctors too, who are expert in the field.", "This shows thatthere might be some negligence on the part of the doctors in taking care and theinjury might not have been serious.", "Considering the entire evidence on record, in our opinion, the Appellant is guiltyunder section 304 Part-I IPC, rather than section 302 IPC.", "4th POINT: PUNISHMENT", "The statement of the Appellant under section 313 CrPC was recorded sixmonths after the incident.", "This has never been disputed by the State.", "However, this court by itsorder dated 20.5.2010 requested the Sessions Judge, Jhansi to sent a reportwhether the appellant was juvenile on the date of incident or not.", "The Sessions Judge by his letter dated 10.5.2010 submitted a report.", "He hasheld that:", "The date of birth of the Appellant is 1.12.1964; He was less than 18 years of age on the date of incident; and He was juvenile on the date of the incident.", "The Juvenile Justice (Care and Protection of Children) Act, 2000 has beenamended.", "Now a person less than 18 years of age is to be treated as juvenile andthe benefit is to be given in the appeal as well.", "{See Chandan and another VsState of UP 2010 (69) ACC 977}", "The Appellant was juvenile on the date of the incident.", "In view of this, theAppellant is convicted under section 304 Part-I IPC.", "However, he is sentenced tothe period already undergone in jail.", "Our conclusions are as follows:", "(i) The Appellant gave knife blow to the Deceased;", "(ii) The Appellant is guilty under section 304 Part-I rather than under section 7 302 IPC.", "Date: 9.7.2010SKS 8Crl.", "Appeal No. 16 of 1982Thakuri alias Thakur Das .....................AppellantvsState of UP...........................................Respondents.", "HON'BLE YATINDRA SINGH, J.", "HON'BLE SURENDRA SINGH, J." ]	[ "Section 302 in The Indian Penal Code", "Section 304 in The Indian Penal Code", "Section 161 in The Indian Penal Code" ]
182523082	[ "(Vacation Court) DATED : 11th NOVEMBER, 2020 ORAL JUDGMENT :", "Rule made returnable forthwith.", "Heard finally with consent of learned counsel appearing for the parties.", "::: Uploaded on - 11/11/2020 ::: Downloaded on - 12/11/2020 05:57:01 :::", "The petitioners, accused in Crime No.100 of 2020, registered at Tadkalas Police Station, Taluka Purna, District Parbhani, for the offences punishable under Sections 302, 201 read with 34 of Indian Penal Code, hereby seek bail on the ground of failure of the prosecution to file charge-sheet within stipulated period of 90 days.", "The petitioners have come to this Court since their application for release on default bail was turned down by the learned Judicial Magistrate First Class.", "The learned Additional Sessions Judge affirmed the said order.", "The facts are not in dispute.", "The investigating officer was expected to file charge-sheet within a period of 90 days from the date of arrest of petitioners.", "The petitioners moved application on 07.09.2020 for grant of bail.", "Admittedly, when the application was moved, the charge-sheet had not been filed.", "The investigating officer, however, presented the charge-sheet on the same day i.e. on 07.09.2020, but post the petitioners moved application for exercise of their right to be released on bail on account of failure of filing of the charge-sheet 2 of 3::: Uploaded on - 11/11/2020 ::: Downloaded on - 12/11/2020 05:57:01 ::: 3 Cri-WP-1324-2020.doc within a statutory period.", "The aforesaid facts undoubtedly disclose that after the right to get a statutory bail was accrued, the charge-sheet came to be filed.", "The right to be released on bail does not get defeated.", "::: Uploaded on - 11/11/2020 ::: Downloaded on - 12/11/2020 05:57:01 :::", "In view of the above, the writ petition is allowed in terms of prayer clause (C).", "[ R. G. AVACHAT, J. ] SMS 3 of 3::: Uploaded on - 11/11/2020 ::: Downloaded on - 12/11/2020 05:57:01 :::", "::: Uploaded on - 11/11/2020 ::: Downloaded on - 12/11/2020 05:57:01 :::" ]	[ "Section 302 in The Indian Penal Code" ]
1825522	[ "JUDGMENT V.D. Tulzapurkar, J.", "On the night between the 27th and 28th March, 1972 (around mid-night) at the house of Bindra Singh in Village Shah Jalalpur, Police Station Kamlapur, District Sitapur, an incident of dacoity took place during the course of which about 30-32 miscreants variously armed with lathis, dandas, gun, ballam, country made pistols, 'kanta' etc. indulged in arson, loot, violence and murderous assaults on the inmates of the house.", "The incident lasted for quite some time but before the miscreants left the place two inmates of the house Phoolan Maharaj (a Brahmin Pandit of the family) and Gautam (the minor son aged 11 of Bindra Singh) were murdered, the former by gun shots and the latter by being roasted alive in the fire while Bindra Singh (P.W. 2) himself survived a murderous assault on him; in addition the other members including females in family received injuries.", "Among the said miscreants, the prosecution alleged, were the three respondents Gokarna, Prahalad and Sunder, who actively participated in the commission of the said crimes which participation was seen by witnesses standing at a short distance near the 'Bhousala' (chaff-store) of Basant Singh in the light thrown up by fire.", "Admittedly, there was bitter enmity between Gokaran and his men on the one hand and Bindra Singh and his family on the other and according to the prosecution the main object of this nocturnal attack on Bindra Singh's house was not so much to loot his property but to wreak vengeance and kill Bindra Singh.", "The gruesome incident, broadly stated, occurred thus : At about mid-night one of the dacoits jumped inside the court-yard by climbing the northern wall and opened the main door making way for the other miscreants to enter.", "Thereafter looting of the property and beating of the inmates started.", "Ram Narain Singh nephew of Bindra Singh (PW 1) who was sleeping alongwith his wife, aunt, sister and cousin brother in one of the 'Kotharies' was injured but finding an opportunity he rushed out and standing near the chaff-store of Basant Singh raised an alarm which brought several villagers and witnesses to the scene of occurrence.", "A Tarwaha, lying in front of the Baithaka room, was set on fire; Gokaran, who was armed with a gun started threatening \"Call the police and get me locked up\" and further threatened that each and every member of the family would be butchered.", "Gokaran, Sunder and two others went to the roof of the Baithak room in which Bindra Singh and Phoolan Maharaj were sleeping and that holes were dug in the roof of that room and through those holes kerosene oil and a Palita soaked in kerosene oil were thrown in side the room causing fire inside the room as a result whereof Bindra Singh received burn injuries; Gokarna also resorted to firing through one of the holes.", "The Chapper opposite to that room was also set on fire as also about 20 to 30 heaps of mustard crop.", "Inspite of the attempts made, the door of Baithak room could not be opened; therefore, Prahlad brought Gautam from inside the house and forced him to tell his father to open the door or else he was going to be thrown in the fire.", "Gautam did so three or four times but Bindra Singh did not open the door and Prahlad, notwithstanding the entreaties by mother and sister of Gutam to spare him, threw Gautam into fire on account of which he died.", "Gokaran then ran to the southern window of the Baithak Room with his gun and fired three four times inside the room.", "Bindra Singh, who was armed with his gun, fired in retaliation from inside the Baithak room.", "As a result of the shots fired by Gokaran, Phoolan Maharaj got killed but thinking that Bindra Singh had died, Gokaran shouted that his work had been done.", "Thereafter the miscreants went, away and Bindra Singh came out in injured condition and stood near the chaff-store of Basant Singh where Ram Narain Singh and others were standing.", "It appears that while the incident was in progress Sant Bux Singh, brother of Bindra Singh who was sleeping at the tube-well about 200 yards away from the scene of occurrence, after seeing the incident ran to Barai Jalalpur Railway Station and from their managed to flash two telegraphic/telephonic messages to Kamlapur Police Station through Barai Jalalpur Rly.", "Station and Kamlapur Rly.", "Station about the dacoity that was taking place and also sought police help.", "However, even before these railway messages were received at the police station the Station Officer Gopal Narain Singh (PW 9) had started for Shah Jalalpur on account of information about the dacoity having been received at the Police Station from a truck-driver who was passing that way (which information was also recorded) and on reaching the scene of occurrence, within a short time received at about 2.15 a.m. a written F.I.R. (Exhibit K. 1) from Ram Narain Singh (PW 1) in which names of 22 dacoits including the names of the three respondents were mentioned.", "It may be stated that the prosecution did not examine this Sant Bux Singh at the trial but he was examined as a court witness by the High Court in appeal.", "At the trial apart from medical evidence and other evidence of formal nature, evidence of five eye witnesses, namely, Ram Narain Singh (PW 1) Bindra Singh (PW 2), Puttu Lal (PW 3), Kallo Singh (PW 4) and Sarojini Devi, daughter of Bindra Singh, (PW 5) was led by the prosecution.", "Relying upon this evidence, particularly the evidence of PWs.", "1,2 and 5 who were injured witnesses, the learned 4th Add).", "District and Sessions Judge Sitapur convicted the three respondents for offences under Section 436/149, 302 read with 149 and 307/149, I.P.C. and passed appropriate sentences of imprisonment.", "Gokaran was sentenced to death for the murder of Phoolan Maharaj under Section 302 simpliciter while Prahlad was sentenced to death for the murder of Gautarn under Section 302, I.P.C. simliciter.", "In appeals preferred by the respondents and death reference, the High Court acquitted all the respondents out-right.", "The State has come up in appeal against their acquittal.", "We might state that during the pendency of this appeal both respondents Nos. 1 and 2 (Gokaran and Prahlad) are reported to have died.", "On a consideration of the judgment of acquittal recorded by the High Court and after hearing Counsel on either side we find that the High Court has adopted a hyper-technical approach to the entire prosecution case, particularly the direct ocular evidence furnished by the three injured witnesses whose presence at the scene of occurrence could not be doubted and much has been made of the circumstances which do not detract from their evidence.", "We shall presently deal with those circumstances on which the High Court has relied resulting in an unwarranted acquittal.", "a) None of the named dacoits, though fully known, had concealed their presence by covering their faces.", "In the instant case the material on record clearly shows that steps in investigation by way of drawing inquest report and other Panache-names had been taken in the early hours of the morning of 28th March and these could only follow the handing over of F.I.R. Ex. Ka-1 by Ram Narain Singh to the Station Officer at about 2.15 a.m. In view of these facts the delayed receipt of the special report by the District Magistrate on 29th March would not enable the Court to dub the investigation as tainted one nor could Ex. Ka-1 be regarded as ante-timed or ante-dated.", "For the same reasons the delay in sending the necessary papers to the Medical Officer which were received by him on 29th March will be of no significance." ]	[ "Section 302 in The Indian Penal Code" ]
35563330	[ "The original record produced by the learned A.P.P. is perused.", "One case No.114/2014 is regarding obstruction to thepublic servant in performance of their official duty of holding auctionof sand and committing riot.", "When the first two cases were pending against the petitioner,an externment proceeding was initiated against him and by orderdated 30.4.2013, the learned Sub Divisional Officer, Shrirampur feltthat one opportunity of improvement should be given to the petitionerand the request for externment was turned down.", "The third case was registered on 19.8.2014 for offencespunishable under Sections 143, 353, 186, 323, 504, 506 read withsec.149 of Indian Penal Code.", "That day, Naib Tahsildar had initiatedprocess of public auction of sand.", "It is alleged that The petitioner andhis accomplice gathered there and intimidated the revenue Officersby opposing and by using threatening language and interfered withthe process of auction.", "The petitioner's case is that the Tahsildar washolding the auction contrary to the provisions of law.", "Hence, he hadattended the said auction along with his Advocate and had served::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 ::: Cri.", "W.P.870/2017 6notice through his Advocate.", "The Naib Tahsildar at the instance ofpolitical leaders quarreled with the petitioner and his Advocate andimplicated them in a case.", "By this petition under Articles 226 and 227 of the Constitution ofIndia, the petitioner seeks quashing of order of exeternment dated30.5.2017 passed by the Divisional Commissioner, Nashik inExternment Appeal No.24 of 2017, confirming the order passed by theSub Divisional Officer dated 25.10.2016 externing the petitioner from::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 ::: Cri.", "W.P.870/2017 2eight talukas from Ahmednagar, Nasik and Aurangabad districts fortwo years.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "Mr Borde, learned Advocate for the petitioner has challengedthe order on the following grounds:", "(I) Three criminal cases filed against the petitioner, two of whichwere of 2011 and one of 2014 do not show that the activities ofpetitioner are prejudicial to the public tranquility and there is noproximity with the alleged activities and the order of externment.(II) The subjective satisfaction of the competent authority that thewitnesses were not ready to come forward to lodge reports has notbeen recorded.", "The in camera statements were not referred in thenotice, but those were considered.", "(III) The statements did not disclose the specific incident or specificplace and date.", "(IV) Earlier, there was externment proceedings taken on the basis oftwo of the three criminal proceedings and the said case ended infavour of the petitioner.", "Those two cases are again taken intoconsideration to take a contrary view.", "(V) The competent authority has indulged in excessive jurisdiction.", "The alleged offences are registered at Rahata police station but thepetitioner has been externed from eight talukas i.e. Kopargaon,::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 ::: Cri.", "W.P.870/2017 3Rahata, Shrirampur, Sangamner, Yeola, Sinnar, Niphad, Vaijapur.(VI) The impugned order is not in consonance WITH provisions ofSections 56 and 57 of the Maharashtra Police Act.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "Learned A.P.P. supported the impugned judgment.", "There was preliminaryenquiry by Sub Divisional Police Officer after issuing due notice to thepetitioner.", "Full opportunity was granted to the petitioner anddue procedure was followed.", "The petitioner was fined twenty onetimes for extracting and theft of sand from the river bed of Godavari.", "He has formed a gang and has created atmosphere of terror.", "Thepublic tranquility has been affected.", "The people are not ready tocome forward against the petitioner on account of fear.", "In camerastatements of two witnesses were recorded and were considered.", "There is no flaw in the procedure followed by the competent authority.", "Hence, the petition deserves to be dismissed.", "The learned Advocate for the petitioner and learned A.P.P. forthe State relied on following rulings :", "Yasin Khan Masum Khan Multani Vs.", "State ofMaharashtra and ors.", ", 2015 ALL MR (Cri) 1467", "Ashraf Shamsher Ali Jagirdar Vs.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "After considering the arguments of the parties, the issue for ourconsideration is, 'whether the impugned externment order confirmedby the Divisional Commissioner on 30.5.1917 is sustainable on factsand in law ?' We answer it in negative for following reasons.", "W.P.870/2017 5 or not), by such route, and within such time, as the officer may specify and not to enter or return to the area or areas specified (hereinafter referred to as \"the specified area or areas\") from which he was directed to remove himself].", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "When the Bar Association of Rahata took amorcha, the name of Advocate was deleted from the said case.", "Hehas not committed any offence.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "The fresh process for externment was initiated with issuance ofshow cause notice dated 8.6.2015 by Sub Divisional Police Officer,Shirdi.", "The said notice indicated that the activities of the petitionerwere dangerous to the people residing in the vicinity and there wasfear and threat to the public at large.", "He and his accomplice wereindulging in beating, intimidating, abusing and spreading atmosphereof terror so that the people should not make complaint against him atthe Police Station.", "The petitioner indulged in theft of sand therebycausing loss of environmental balance.", "There was reference to incamera statements of two witnesses disclosing that the petitioner wasusing weapons, creating terror so as to have unobstructed free play inthe matter of extraction and theft of sand.", "The petitioner wasregularly committing theft of sand but due to fear of the petitionerand his accomplice, the people were not ready to disclose theirnames.", "There was breach of peace.", "He claimed that MurlidharThorat, Ex-Sarpanch had political rivalry with him.", "The externmentproceedings initiated on the basis of first two cases have alreadyended into dismissal.", "The third case was fabricated, as he hasopposed the Tahsildar from holding illegal public auction of sand.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "On going through the papers of enquiry, we find followingmaterial infirmities, which go to the root of the matter.", "(1) Excessive Jurisdiction :", "In the present case, we find that all the three cases registeredagainst the petitioner were from the jurisdiction of Rahata PoliceStation.", "The Sub-Divisional Officer exceeded his jurisdiction whileexterning the petitioner from seven other taluka places namelyKopargaon, Shrirampur, Sangamner, Yeola, Sinnar, Niphad andVaijapur.", "The reasons recorded that there are to justify suchexternment.", "On this ground alone, the impugned order deserves to bequashed.", "There is consistent view that the externment should be fromthose areas or taluka places, wherein the answerable party wascarrying out his illegal activities.", "In Rajendra Kale Vs.", "State ofMaharashtra ALL MR 824, Division Bench of this Court to which oneof us (Justice S.S. Shinde) was a party and in Yasin KhanMasum Khan Multani Vs.", "State of Maharashtra and ors.", ", 2015ALL MR (Cri) 1467 and Ashraf Shamsher Ali Jagirdar Vs.", "Stateof Maharashtra and ors.", ", 2015 ALL MR (Cri) 2945, it is held thatexternment of persons from district places, where there are nocriminal activities is a case of excessive jurisdiction in violation ofArticle 14 and 19 (1) (d) and 21 of the Constitution of India.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "Commissioner of Police,1989(3) BCR 240 and Kanifnath Radhakishan Popalghat Vs.", "(3) It is also noticed that the Sub-Divisional Officer, Shirdi relied ontwenty one cases of excavation of sand in which fine has beenimposed on the petitioner, but the preliminary enquiry conducted bySub-Divisional Police Officer was totally silent about the same.", "No::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 ::: Cri.", "W.P.870/2017 9opportunity was given to the petitioner to controvert the allegationsmade against him.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "(4) Besides, there is no close nexus between alleged activities anddate of initiation of action.", "Two cases were four to five years old whileone was almost two years old.", "In the present case, theanswerable party had raised certain defences in his reply.", "He hasstated that on account of political enmity he has been falselyimplicated by giving in camera statements.", "He has notcommitted any act which can be treated as activities dangerous orharmful to any person or property.", "This defence was not at allconsidered.", "We find that there is non application of mind.", "The factsalleged do not attract Section 56 (a) of the Bombay Police Act.", "(a) of the Maharashtra Police Act.", "The competent authority has not applied, its mind to the factthat two out of three cases were of 2011 and on the basis of thosecases of sand theft, the answerable party was earlier enquired into for::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 ::: Cri.", "W.P.870/2017 10externment and was exonerated.", "As far as the third incident isconcerned, the explanation by the answerable party in his reply hasnot at all been considered.", "The petitioner had visited the place ofauction along with his Advocate for raising legal objections to the saleof the sand without prior notice.", "The act of the petitioner in raisingobjection was not liked by the Tahsildar and he prosecuted thepetitioner as well as his Advocate, but later on the name of hisAdvocate was required to be deleted.", "Hence, the writ petitiondeserves to be allowed.", "Hence, the order :", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::", "ORDER(I) The Criminal Writ Petition No. 870 of 2017 is allowed.(II) The impugned order passed by the Divisional Commissioner,Nasik dated 30th May 2017 in Externment Appeal No.24 of 2017 ishereby set aside.", "No order as to costs.", "::: Uploaded on - 21/08/2017 ::: Downloaded on - 23/08/2017 02:21:10 :::" ]	[ "Section 186 in The Indian Penal Code", "Section 504 in The Indian Penal Code", "Section 353 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 143 in The Indian Penal Code" ]
35565999	[ "The occurrence was not witnessed by anyone.", "2.P.W.1 is the wife of the deceased.", "According to her, on the day of occurrence, the deceased went to the Chidambaram Police Station and informed P.W.1 that he would return home in the night.", "But, he did not return.", "She went in search of the deceased at various places.", "P.1 is the complaint and Ex.", "P.24 is the F.I.R.", "3.P.W.28, took up the case was investigation.", "He examined P.W.1 and few others and recorded their statements.", "Surendirakumar was the then Sub Inspector of Police, Chidambaram Police Station, Cuddalore.", "It was he who allotted work to the deceased on the occurrence day.", "P.W.28, examined P.W.26- Mr.Surendirakumar and recorded his statement.", "Though, all efforts have been taken by him to trace out the deceased, he could not succeed.", "But, from the materials collected during enquiry, he altered the case into one under Sections 147, 148, 342, 325 & 364 I.P.C., and submitted Ex.P.29 - Alteration Report to the Court.", "4.During the course of investigation, it came to light that the Scooter belonging to the deceased bearing Registration No.", "TNF 5785 was found behind the Kariyaperumal Kovil.", "A Car bearing registration No.", "MDR 4971 was also found parked there.", "In that Car, there were huge blood stains.", "Then, he recovered the Car (M.O.5) and the Scooter (M.O.1) under a mahazar.", "In pursuance of the same, he took the Police and witnesses to the place of occurrence and identified the same.", "P.W.28 made a request to the Executive Magistrate/Tahsildar (P.W.23) in this regard.", "P.W.23 came to the place of occurrence on 08.06.1999 at 10.00 am.", "In his presence, onceagain, the accused/A.2 identified the place where he had buried the dead body of the deceased.", "With the help of P.Ws.12 to 14, in the presence of P.W.23, the dead body of the deceased was exhumed.", "J) The appellant is the second accused in S.C.No.237 2008 on the file of the learned II Additional District & Sessions Judge.", "The first accused was one Mr.", "Veeramani @ Veera.", "Including the appellant/A.2, there were a total number of 8 persons arrayed as accused, in this case, as per the Police Report.", "It has been brought to the notice that the case against the other accused were tried separately.", "So far as the appellant/A.2 is concerned, the trial Court framed charges under Sections 148, 302, 201 & 202 I.P.C. By judgment dated 29.04.2016, the trial Court convicted him under all the charges and sentenced him as detailed below:-", "NoSection of lawSentence1148 I.P.C.,Rigorous imprisonment for three years2302 I.P.C.,Imprisonment for life and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months 3201 I.P.C.,Rigorous imprisonment for seven years and to pay a fine of Rs.500/- in default to undergo simple imprisonment for one month4202 I.P.C.,Rigorous imprisonment for six months.", "Challenging the same, the appellant/A.2 is before this Court with this Criminal Appeal.", "The deceased in this case was one Mr.", "He was working as a Police Constable at Chidambaram Police Station, Cuddalore District.", "It is alleged that he was very sincere in duties and he was also allotted the work to arrest the prohibition offenders.", "Accordingly, on 02.06.1999, he found the appellant/A.2 who is a prohibition offender.", "The deceased took him into the custody and brought him in his Scooter bearing registration No.", "TNF5785 towards the Chidambaram Police Station.", "When he was on his way to the Police Station, the other accused were lying in wait for them.", "They intercepted the Scooter.", "It is further alleged that all of them joined together, killed the deceased and thereafter, put the dead body in a gunny bag and buried the same.", "But, the deceased was not seen anywhere.", "On the said complaint, a case was registered in Crime No.262/1999 for \u0013man missing\u0014. Ex.", "5.During the course of investigation, on 08.06.1999, at 6.15 am, P.W.28 arrested the appellant/A.2 herein near the Chidambaram Railway station in the presence of witnesses.", "On such arrest, he made a voluntary confession in which, he disclosed the place where he had buried the dead body of the deceased in a gunny bag.", "P.W.28, conducted inquest on the body of the deceased and then forwarded the same for post mortem.", "6.P.Ws.16 & 17 conducted autopsy on the body of the deceased.", "They found the following injuries:-", "1.A lacerated wound on the middle of the occipital region 12x1x1 cm pale in colour oblique in nature", "2.A lacerated wound on the left parietal region 5x1x1cm pale.", "3.Haematomo on the left side of the occipital region 2x1x1cm\u0014 P.Ws.16 & 17 gave opinion that the death of the deceased was due to the antimortem injuries found on the body.", "7.P.W.28 continued the investigation during which, he recovered the blood stained clothes from the body of the deceased.", "He recovered the same under a mahazar.", "Thereafter, he altered the case into under Sections 147, 148, 341, 302, 201, 212, 120(B) r/w 149 I.P.C. On the same day, at 6.40 pm, he arrested one accused by name Vijayan @ Jauapandian.", "On the basis of the disclosure statement made by him, an Auto bearing Registration No.", "TMM 1522 was recovered in the presence of witnesses.", "8.On 10.06.2009, the appellant/A.2 was produced before the learned Judicial Magistrate No.1, Chidambaram.", "On that day, the learned Judicial Magistrate again made a statutory warning and since, the appellant/A.2 was in a mood to give voluntary confession, the learned Judicial Magistrate recorded the same under Ex.", "9.Based on the above materials, the trial Court framed charges as against the appellant/A.2 as stated in the first paragraph of this judgment.", "The appellant/A.2 denied the same.", "P.Ws.1 & 2, the wife and son of the deceased respectively have stated that the deceased was gone to the Police Station lastly on 02.06.1999 and he did not return thereafter.", "P.W.1 has further stated about the complaint made by her to the Police.", "P.W.15 has spoken about the arrest of the appellant/A.2 and the disclosure statement made by him about the place where the dead body was buried.", "Though, he was stated as hostile, he has supported the case of the prosecution in respect of the above facts.", "11.P.Ws.16 & 17 have stated about the post mortem conducted on the dead body of the deceased and their final opinion regarding the cause of death.", "P.W.18-the Finger Print Expert has stated that theadmitted finger prints which were compared with the admitted finger prints of the deceased were tallied with each other.", "Thus, from out of the evidence of P.W.18, the identity of the dead body has been ensured.", "12.P.W.19 who was examined to speak about the confession made by the appellant/A.2, has also turned hostile.", "P.Ws.20 & 21 have spoken about the preparation of observation mahazar; the rough sketch and the recovery of material objects.", "P.W.22, a Constable has stated that he handed over the dead body of the deceased to the Doctor for post mortem.", "P.W.26, the then Inspector of Police at Chidambaram Police Station has stated that on the day of occurrence, he only allotted work to the deceased directing him to go for prohibition raid.", "P.W.28 has spoken about the registration of the case; the investigation done and the final report filed in this case.", "13.When the above incriminating materials were put to the appellant/A.2 under Section 313 Cr.P.C., he denied the same as false.", "However, he did not chose to examine any witness nor did he mark any documents on his side.", "14.Having considered all the above, the trial Court found the appellant/A.2 guilty under the said charges and accordingly, sentenced him as detailed in the first paragraph of this judgment.", "15.We have heard the learned counsel appearing for the appellant/A.2 and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.", "From the evidence of these witnesses, it has also been further established that the deceased was in possession of his motorcycle bearing registration No.", "TNF5785 at the time when he was lastly seen alive.", "Thereafter, the deceased was not seen anywhere and which prompted P.W.1, the wife of the deceased to make a complaint.", "17.From the evidence of P.W.28, it is crystal clear that the motorcycle (M.O.1) belonging to the deceased and the Car (M.O.5) with blood stains were also found at the place of occurrence.", "This had given some clue to P.W.28 about the involvement of the appellant/A.2 in this crime.", "18.Yet another circumstance projected by the prosecution is that P.Ws.15 & 28 have stated that the appellant/A.2 was arrested on 08.06.1999 at 6.15 and on such arrest, he made a voluntary confession, in which, he disclosed the place where he had buried the dead body of the deceased, by keeping the same in a gunny bag.", "We do not find any reason to reject the evidence of this witness.", "It was only on being identified by the appellant/A.2, with the help of P.Ws.12 to 15, the Tahsildar exhumed the dead body from the place where the dead body had been buried.", "The accused has got no explanation to offer.", "This is in our considered view, is a very strong piece of evidence against the accused.", "The appellant/A.2 has got no explanation for the same.", "We do not find any reason to reject this part of the case of the prosecution.", "From this evidence, in our considered view, the prosecution has clearly established that it was this accused/A.2 along with the other accused killed the deceased; put the dead body in a gunny bag; carried the same in his Scooter (M.O.1) and buried the dead body.", "20.In this regard, the learned Additional Public Prosecutor appearing for the State would submit that the Court may make reliance on Ex.", "In the said confession, which in our considered view was made voluntarily, the appellant/A.2 has admitted that he was taken to custody by the deceased at 2.00 pm on the day of occurrence and he was brought him in his scooter towards Police Station.", "When they were on their way to the Police Station, near the house of one Mr.Veera, Mr.", "Selvam along with Mr.Veera, who are the associates of the appellant/A.2, came there and intercepted and attacked the deceased.", "The appellant has stated that he jumped out of the motorcycle (M.O.1) and out of fear, he ran away from the scene of occurrence.", "From this evidence, in our considered view, the prosecution has clinchingly proved the offence under Sections 302, 201 & 202 I.P.C., but not the offence under Section 148 I.P.C., because, there was no clear evidence that there was unlawful assembly.", "Therefore, we are inclined to discharge the appellant/A.2 from the charge under Section 148 I.P.C., however, we hold him guilty under the charges for the offences under Sections 302, 201 & 202 I.P.C.", "21.Now, turning to the quantum of punishment, the trial Court has imposed only minimum punishment for the charges under Sections 302, 201 & 202 I.P.C., which also does not require any interference at the hands of this Court.", "22.In the result, the Criminal Appeal is allowed in part and the conviction and sentence imposed on the appellant/A.2 for offence under Section 148 I.P.C., is set aside and the appellant/A.2 is acquitted from the said charge." ]	[ "Section 302 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 201 in The Indian Penal Code", "Section 147 in The Indian Penal Code", "Section 342 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 120 in The Indian Penal Code", "Section 364 in The Indian Penal Code" ]
39397410	[ "/307/354/379/34 of the Indian Penal Code.", "And In the matter of: Balaram Mahapatra and others ... Petitioners Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... For the Petitioners Mr. Bidyut Roy ... For the State Apprehending arrest in connection with Bhupatinagar Police Station Case No. 256 of 2015 dated 05.12.2015 under Sections 341/447/324/325/307/354/379/34 of the Indian Penal Code, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.", "On the date of incident an altercation took place over a water connection.", "The said altercation resulted in assault.", "Members of both groups sustained injuries.", "As the petitioners stand on the same footing as the petitioners in C.R.M. 1281 of 2016, anticipatory bail be granted to the present petitioners on the principle of parity.", "Counsel for the State produces the case diary and takes us to the injury report at pages 23 and 24 and the statement recorded under Section 161 Cr.", "The allegation against the principal accused, Balaram, the petitioner no. 1 is that he assaulted with Hasua.", "Certified copy of this order, if applied for, be given to the parties on priority basis.", "( Patherya, J.) ( Debi Prosad Dey, J. ) 3" ]	[ "Section 325 in The Indian Penal Code", "Section 379 in The Indian Penal Code", "Section 447 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 354 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
129406662	[ "The matter needs deeper and fairer investigation before any arrest should be given effect to.", "Therefore, the applicant may be enlarged on anticipatory bail.", "Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the applicant is habitual offender and involved in 11 criminal cases but could not dispute that most of the offences are cheating u/s 420 IPC and Section 110 of Gunda Act.", "Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.", "Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.", "In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.", "Order Date :- 26.9.2019 Dhirendra/" ]	[ "Section 173 in The Indian Penal Code" ]
123034489	[ "4.After the attack, Selvaraj (P.W.1) and Dhavamani (P.W.2) got themselves admitted in the hospital and that complaint (Ex.", "P.1) was given by Selvaraj (P.W.1).", "This Criminal Original Petition has been filed under Section 378 (3) Criminal Procedure Code to grant leave to file an appeal against the judgment dated 31.01.2017 in Sessions Case No.11/2012 passed by the learned Chief Judicial Magistrate, Perambalur District.", "2.It is the case of the prosecution that Selvaraj (P.W.1) and Boobalan (A.3) are brothers and that there were disputes between them with regard to their family properties.", "3.Admittedly, there were several litigations between the two brothers after the demise of their father.", "While so, it is the specific case of Selvaraj (P.W.1) that on 13.08.2010 around 3.00 p.m., Chinnadurai (A.1), Rajathi (A.2), Boobalan (A.3), Ganapathy (A.4), Dharmaraj (A.5) and Lakshmi (A.6) barged into his house and attacked him and his wife Dhavamani with an iron rod with an intention to kill them.", "The respondent police registered the First Information Report (Ex.", "P.7) in Crime No.819 of 2010 and took up investigation.", "After completing the investigation, the police filed a final report against six accused under Sections 147, 148, 294(b), 325, 326 and 307 IPC r/w 149 IPC before the learned Judicial Magistrate, Perambalur, which was taken on file in P.R.C.No.38 of 2011 and on the appearance of the accused, they were furnished with the copies of the relied upon documents under section 207 Cr.P.C and the case was committed to the Court of Sessions in S.C.No.11 of 2012 and was made over to the learned Chief Judicial Magistrate/ Assistant Sessions Judge, Perambalur for trial.", "5.The trial Court framed charges under Sections 147, 148, 294 (b) 324, 326, 307 r/w 147 IPC against all the accused and when the accused were questioned, they pleaded not guilty.", "6.On behalf of the prosecution, nine witnesses were examined, sixteen exhibits were marked and no material objects were marked.", "When the accused were questioned about the incriminating circumstances, appearing against them under Section 313 of Cr.P.C., they denied the same.", "7.On behalf of the accused, Boobalan (A.3) and his wife Rajathi (A.2) examined themselves as witnesses and marked seven exhibits.", "After considering the evidence adduced by the prosecution and the accused and after hearing the learned counsel on either side, the trial Court by judgment dated 31.01.2017, acquitted the accused, aggrieved by which, the State has filed the present petition seeking leave for filing an appeal against acquittal.", "11.Normally, the accused will never get into the witness box.", "However, in this case, Boobalan (A.3) and his wife Rajathi (A.2) have waived their right of silence and have come forward to examine themselves as witnesses.", "12.In the evidence of Boobalan (D.W.1) and Rajathi (D.W.2), they have stated that they were in the occupation of the house bearing D.No.133A that was allotted to them and that Selvaraj (P.W.1) being a very influential and monied person was setting up hirelings to disposses of them and that on 13.08.2010 Selvaraj (P.W.1) and his minians forcibly entered the house, ransacked and damaged the house and attacked Rajathi and Boobalan, resulting in injuries to them and they went to the Police Station and lodged a complaint and the police gave them a hospital memo Ex.", "D.1, with which, they were treated in the Government Hospital.", "Boopalan (A.3) / (D.W.1) has marked the copy of the Accident Register as Ex.", "D.2, which shows injuries sustained by him contemporaneously.", "That apart, he has marked ten photographs (Ex.", "D.3 series) showing the damage that was caused to his house.", "13.The trial Court has, thus, had an opportunity to appreciate the demeanor of the prosecution witnesses and the defence witnesses and thereafter, the trial Court acquitted the accused.", "That apart, police have not even recovered the weapons that were allegedly used by the accused nor the bloodstained clothes of the injured.", "15.Thus, when there are two views possible, one in favour of the accused and the other in favour of the complainant, the view favouring the accused should be considered in an appeal against acquittal.", "16.That apart, Boobalan (A.3) / (D.W.1) has died on 17.07.2016, after giving evidence, but, before the judgment was delivered by the trial Court.", "cla/kv", "17.Accordingly, this Criminal Original Petition stands dismissed, Consequently, connected Criminal Appeal is rejected at the S.R. stage itself.", "09.11.2017Index :Yes/NoSpeaking/Non speaking Ordercla/kvTo", "1.The Chief Judicial Magistrate, Perambalur.", "2.The Public Prosecutor, High Court, Madras.", "Crl.O.P.No.24009 of 2017 in Crl.", "SR36741 of 201711.09.2017" ]	[ "Section 147 in The Indian Penal Code", "Section 148 in The Indian Penal Code", "Section 294(b) in The Indian Penal Code", "Section 326 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 294 in The Indian Penal Code", "Section 307 in The Indian Penal Code" ]
123054413	[ "Heard finally.", "This is the third application filed by applicant under Section 439 of the Cr.", "P.C for grant of bail.", "First application was dismissed as withdrawn and second application was dismissed as premature.", "Applicant has been arrested on 25/03/2014 in connection with Crime No. 226/2014 registered at P.S. Ashta Sehore, District Sehore for the offence punishable under section 384/34 of IPC, Final report u/s 173 of Cr.", "P.C filed for the offence u/s 384, 376 (2) G, 363, 366, 343 and 120-B of IPC.", "As per prosecution it is alleged that this applicant alongwith other co-accused persons abducted the prosecutrix and thereafter, committed rape on her.", "Learned counsel for the applicant submits that applicant has been falsely implicated in this case.", "After dismissal of aforesaid applications, statement of prosecutrix has already been recorded before the trial Court.", "Now the statement of prosecutrix has been recorded and there is no possibility of tampering the prosecution witnesses.", "Trial would take considerable time to dispose of finally therefore, he prays for grant of bail to the applicant.", "Learned counsel for the State opposes the application.", "On due consideration of the facts and contention raised on behalf of the parties, I am of the considered view that it is a fit case to release the applicant on bail.", "Therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.", "Certified copy as per rules.", "(G.S. Solanki) Judge navin" ]	[ "Section 384 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
12325344	[ "The prosecution case briefly stated is as under:", "Deceased Sharda was residing at Anpatwadi, Taluka Koregaon, District Satara.", "She was residing there alongwith her husband and son 1/5 ::: Downloaded on - 27/08/2013 21:15:50 ::: apeal.1167.2008.doc Akshay.", "The appellant is the wife of the elder brother in law of Sharda i.e., she was the wife of the elder brother of the husband of Sharda.", "There were disputes in relation to partition between the family of Sharda and the family of the appellant.", "::: Downloaded on - 27/08/2013 21:15:50 :::", "At about 9pm, the minor son of Sharda had put on Television on loud volume.", "The appellant who was residing next to the house of Sharda, went there and asked why the volume was increased.", "Thereafter, a fight took place in relation to the partition of the property.", "In the course of the quarrel, the appellant took a can of kerosene from the house of Sharda and poured kerosene on Sharda and set her on fire.", "Sharda was taken to the hospital.", "Dying declaration (exhibit 29) was recorded by PW3 Police Head Constable Bhimrao Chormale, dying declaration (exhibit 34) was recorded by PW4 SEM Prakash Rajapur and dying declaration (exhibit 38) was recorded by PW6 Head Constable Sapkal.", "The first dying declaration of Sharda was treated as FIR.", "Thereafter, investigation commenced.", "The body of Sharda was sent for postmortem.", "PW2 Dr.", "Jadhav performed the postmortem on the dead body of Sharda.", "According to him, death was caused due to burns.", "DATE: AUGUST 7, 2013 ORAL JUDGMENT (PER MRS.TAHILRAMANI, J.):", "By the said judgement and order, the learned Additional Sessions Judge convicted the appellant u/s 302 of the Indian Penal Code and sentenced her to imprisonment for life and to pay fine of Rs.5,000/- and in default, R.I. for one year.", "After completion of investigation, the chargesheet came to be filed.", "::: Downloaded on - 27/08/2013 21:15:50 :::", "Charge came to be framed against the appellant u/s 302 of the Indian Penal Code.", "The appellant pleaded not guilty to the said charge and claimed to be tried.", "The defence of the appellant is that of total denial and false implication.", "After going through the evidence adduced in this case and the defence raised by the appellant, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this Appeal.", "Exhibit 29 was recorded by PW3 police constable Chormale.", "Exhibit 34 was recorded by PW4 SEM Prakash Rajapur.", "Dying declaration (exhibit 38) was recorded by PW6 police head constable Sapkal.", "In the dying declaration (exhibit 38), Sharda had stated that on the day of the incident, at about 9pm, her son had put on TV as well as FM radio.", "Hence, her sister-in-law i.e., the appellant came there and quarrel took place between both of them on account of the volume of the TV and FM.", "Thereafter, quarrel took place between them about the partition of the property.", "Then the appellant took a can of kerosene from the house of Sharda and poured kerosene on her and set her on fire.", "Nothing has been elicited in the cross-examination of PW3 police constable Chormale, PW4 SEM and PW6 Head Constable Sapkal so as to disbelieve their testimony.", "All the three dying declarations are 3/5 ::: Downloaded on - 27/08/2013 21:15:50 ::: apeal.1167.2008.doc consistent.", "They show that the appellant poured kerosene on Sharda and set her on fire.", "::: Downloaded on - 27/08/2013 21:15:50 :::", "Khamkar submitted that even if it is to be accepted that the act of the appellant of setting her sister in law on fire resulted in her death, the case would not fall u/s 302 but it would fall under section 304 part II of the Indian Penal Code.", "He pointed out that the evidence on record shows that quarrel was going on between the appellant and the deceased Sharda which has been stated by Sharda herself in her dying declaration.", "Khamkar pointed out that the act was not premeditated or preplanned as the appellant had not come to the house of Sharda with a can of kerosene or matchstick in her hand.", "The quarrel had happened on the spur of the moment and in a fit of anger.", "After the quarrel ensued, the appellant took kerosene from the house of Sharda and poured it on Sharda and set Sharda on fire.", "Khamkar submitted that the fact that the incident occurred during a sudden quarrel would bring the case under Exception 4 to section 300 of the Indian Penal Code.", "It takes two to make a fight.", "Heat of passion requires that there must be no time for passion to cool down.", "In this case, the evidence shows that 4/5 ::: Downloaded on - 27/08/2013 21:15:50 ::: apeal.1167.2008.doc both the parties had worked themselves into a fury on account of verbal altercation going on between them.", "The appellant did not come to the spot armed with a weapon i.e., she did not come to the spot pre-armed with a kerosene can and a matchstick.", "But she took kerosene from the house of Sharda and poured it on Sharda and set her on fire.", "There was no pre-meditation or pre-planning on the part of the appellant and the incident had occurred on the spur of the moment in a fit of anger.", "Looking to all these facts, we are of the considered opinion that the case will fall under section 304 part II of the Indian Penal Code.", "::: Downloaded on - 27/08/2013 21:15:50 :::", "For the said offence, the appellant is sentenced to custodial imprisonment of six years R.I. The fine and i/d sentence, as imposed by the learned Sessions Judge, is maintained.", "Appeal is accordingly partly allowed.", "(MRS.MRIDULA BHATKAR, J.) (MRS.V.K. TAHILRAMANI, J.) 5/5 ::: Downloaded on - 27/08/2013 21:15:50 :::", "::: Downloaded on - 27/08/2013 21:15:50 :::" ]	[ "Section 300 in The Indian Penal Code", "Section 304 in The Indian Penal Code" ]
123266118	[ "Mr. Mohd Akbar Shah Alam Khan, learned Advocate has filed his appearance slip today on behalf of the first informant, which is taken on record.", "(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.", "In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.", "(iii) 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. is issued and the 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 of the Indian Penal Code.", "(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.", "(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.", "(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.", "(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.", "The order reads thus:", "The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.", "Order Date :- 9.7.2020 Sumaira" ]	[ "Section 376 in The Indian Penal Code", "Section 506 in The Indian Penal Code", "Section 504 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 452 in The Indian Penal Code", "Section 174A in The Indian Penal Code", "Section 229A in The Indian Penal Code" ]
120641431	[ "In the matter of:-", "The matter pertains to a fracas at a marriage ceremony and the allegation is that the petitioner seriously and grievously assaulted the victim.", "1 2 The State places the case diary and the injury report.", "There is a reference to an injury in the scalp and a deep gash.", "However, considering that the petitioner has been identified, there may not be any need to take the petitioner into custody at the moment as long as the petitioner cooperates with the investigation.", "The petition for anticipatory bail is allowed as above subject to the conditions as indicated above.", "A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.", "(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.) 2" ]	[ "Section 325 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 324 in The Indian Penal Code", "Section 341 in The Indian Penal Code", "Section 438 in The Indian Penal Code" ]
120646485	[ "This Criminal Appeal is directed against the judgment made in S.C.No.380 of 2010, dated 15.11.2012 on the file of the Mahila Court, Tirunelveli.", "2.The case of the prosecution is that on 18.02.2010, the accused, who was working as Assistant Manager in the Anubam Finance India Limited demanded due amount from PW6 towards purchase of auto by him and he has also used filthily language against the deceased Sumathi, who is the wife of PW6 and due to which, the deceased consumed poison and subsequently, she died in the hospital.", "The Inspector of Police attached to Tirunelveli Town Police Station has filed a final report under Section 306 IPC examining the witnesses.", "3.In the trial court, 17 witnesses were examined and 10 Exhibits and 1 material object were marked.", "When the accused was questioned about the incriminating circumstances, he denied the same.", "On the side of the accused, no witness was examined and no document was marked.", "The parties are related to each other.", "The appellant is directed to pay a total compensation of Rs. 1,20,000/- to the legal heirs of the deceased (each Rs.40,000/- to the legal heirs of the deceased) namely G.Sundaraj, Glory and Benjamin).", "2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Maduraihttp://www.judis.nic.in 10 T.KRISHNAVALLI,J.", "gns/er Judgement made in Crl.", "A.(MD)No.245 of 2012 08.08.2019http://www.judis.nic.in" ]	[ "Section 306 in The Indian Penal Code", "Section 323 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
120651721	[ "Heard Sri Pranshu Agrawal, learned counsel for the applicant, Sri S.B Pandey, learned A.S.G assisted by Sri Varun Pandey, Advocate on behalf of C.B.I. through video conferencing.", "The present bail application has been filed on behalf of the applicant in Case Crime No.", "RC 27 (A) of 2010, under Sections 120-B r/w 409/420/468/471/477-A/411/201 I.P.C. and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, Police Station-C.B.I/ACB/Lucknow, District-Lucknow, with the prayer to enlarge him on bail.", "Learned counsel for the applicant submitted that the applicant was working on the post of Village Development Officer and he has been falsely implicated by the Investigating Officer.", "He further submitted that as per the prosecution case, applicant did the First Stage Verification to ensure arrival of Public Distribution System (PDS) food grain at the Block Godown of UPSFECC from the concerned FCI/CWC/SWC depots.", "He further submitted that vide Government Order No.3674 dated 18.12.1997, Gazetted Officer was authorized to conduct first stage verification regarding arrival of food-grains to Block Godown.", "Later on, vide order dated 21.01.2003, the then District Magistrate, Lucknow had again directed all the Sub-Divisional Magistrates of Lucknow district to ensure proper verification either by themselves or by the Tehsildar/Naib Tehsildar under their control.", "In pursuance of the order dated 21.01.2003 issued by District Magistrate, Lucknow, the then Sub-Divisional Magistrate, Sadar had further nominated Block Development Officer, Kakori for conducting first stage verification vide his order dated 10.02.2004 that themselves clear misconduct.", "Learned counsel for the applicant further submitted no action has been taken against the S.D.M. He further submitted that co-accused namely Murari Upadhyaya, Suraj Narayn Awasthi and Umesh Prasad Jaiswal have been granted bail by this Court vide orders dated 30.05.2019, 28.05.2019 and 28.05.2019 passed in Criminal Misc.", "Let applicant - Vimlesh Yadav - be released on bail in Case Crime No.", "RC 27 (A) of 2010, under Sections 120-B r/w 409/420/468/471/477-A/411/201 I.P.C. and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, Police Station-C.B.I/ACB/Lucknow, District-Lucknow, on his furnishing personal bond to the satisfaction of the court concerned forthwith.", "Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned within two months from the date of lifting of Covid-19 lockdown, subject to following conditions:-", "(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail." ]	[ "Section 13 in The Indian Penal Code" ]
120651822	[ "Case diary perused and arguments heard.", "[2] As per prosecution case, on 18/4/2017 at about 9 a.m., when rt the prosecutrix, who was minor at the time of incident, was going to ou school for depositing her fees, on the way at Maharajpur, two C unknown person met her and took her to Sagar where they handed over the prosecutrix to the appellant.", "Then the appellant took her to h ig Indore on the pretext of marriage.", "On that, police registered Crime H no.63/2017 for the offences punishable under Sections 363, 366 of I.P.C. and also under Sections 3/4 of POCSO Act and Section 3(2-5), 3(1-12) of SC/ST (Prevention of Atrocities) Act 1989 and investigated the matter.", "During investigation on 16/2/2018 police arrested the appellant.", "Being aggrieved by the impugned order, appellant filed this Criminal Appeal.", "[3] Learned counsel for the appellant submitted that appellant has falsely been implicated in this matter and the prosecutrix was major.", "The appellant is in custody since 16/2/2018 and the charge sheet has been filed.", "The conclusion of trial will take time, so appellant be released on bail.", "[4] Learned counsel for the State opposed the prayer made by the appellant.", "The appellant will not seek unnecessary adjournments during the trial; and", "The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.", "A copy of this order be sent to the Court concerned for compliance.", "C.C. as per rules.", "(RAJEEV KUMAR DUBEY) JUDGE m/-", "Digitally signed by MONIKA CHOURASIA Date: 2018.04.03 17:42:14 +05'30' sh e ad Pr a hy ad M of rt ou C h ig H" ]	[ "Section 366 in The Indian Penal Code", "Section 363 in The Indian Penal Code", "Section 3 in The Indian Penal Code" ]
120653224	[ "1. Heard Sri Kshitij Shailendra, learned counsel for the petitioner, Sri Iqbal Ahmad alongwith Sri Aditya Vardhan Singh, learned counsel appearing for the respondent no. 6 and the learned Standing Counsel appearing for the State respondents.", "Present petition has been filed with the following prayer:-", "\"Kindly set aside the first impugned order dated 24.3.2018 passed by the Civil Judge (Junior Division), Moradabad in Original Suit No. 826 of 2017 (Jag Mohan Malhotra vs. Atul Sharma and others) (Annexure No. 1 to this petition) as well as the second impugned order dated 30.3.2018 passed by the District Judge, Moradabad in Revision No. Nil of 2018 (Jag Mohan Malhotra vs. Atul Sharma and others) (Annexure No. 2 to this petition);", "iv) Award costs of the petition to the petitioner.\"", "By the impugned order dated 24.3.2018 the court below has allowed the application filed by the Investigating Officer paper no. 129-Ga to the effect that in presence of all the counsels the sealed cover containing memorandum of agreement may be opened and a copy of the same be provided to the Investigating Officer / handwriting expert.", "Thereafter, the original document be put back in sealed cover.", "The revision against the same was dismissed by the revisional court on the ground that the order is purely interlocutory in nature and therefore, the revision is not maintainable.", "In the present petition, both the orders are under challenge.", "4. Facts in brief of the case as narrated in the writ petition are that the plaintiff-petitioner instituted Original Suit No. 826 of 2017 against the defendant-respondent nos. 4, 5 and 6 in the court of Civil Judge (Junior Division), Moradabad claiming a decree of specific performance for an agreement for sale dated 17.11.1987, memorandum whereof was written on 19.7.1988, alongwith a decree for permanent prohibitory injunction restraining the defendant-respondent nos. 4 to 6 from alienating the property, mortgaging the same and from causing any interference in the plaintiff's actual and physical possession over the property in dispute.", "The plaint case is based upon an agreement to sale dated 17.11.1987, which was executed by the predecessor-in-interest of the defendants, namely, Smt. Rajeshwari Sharma and Smt. Sudha Sharma in respect of their 1/20-1/20 shares qua building described in the schedule-Ka.", "It is further alleged in the plaint that in pursuance of the aforesaid agreement, the actual and physical possession of the aforesaid property had been handed over to the plaintiff's father and insofar as the execution of the sale deed is concerned, it had been agreed that after partition of the respective shares amongst the co-sharers, the sale deed would be executed.", "A copy of the alleged agreement / memorandum of agreement dated 19.7.1988 was part to the record in original before the trial court.", "The suit was instituted on 14.11.2017 and one Jai Kumar Mishra (who is not a party to the suit), maternal uncle of the defendant-respondent nos. 4, 5 and 6 lodged a first information report against the plaintiff-petitioner, his three sons and two brothers, which has been registered as Case Crime No. 383 of 2017, under Sections 420, 466, 467, 468, 471 and 120-B IPC.", "By means of a short counter affidavit certain documents have been placed on record to indicate that the first information report was lodged online to the higher police authorities Inspector General of Police / Deputy Inspector General of Police, Moradabad Division, Moradabad on 8.12.2017 with the allegation that the first information report filed on 27.11.2017 was not registered by the police station Kotwali, Moradabad.", "Deputy Inspector General of Police, Moradabad Division, Moradabad vide its order dated 9.12.2017 passed an order to register and investigate the offences committed as per the allegations of the first information report.", "Accordingly, the first information report was registered.", "Copy of the order dated 9.12.2017 and report of S.P. City dated 24.12.2017 as well as of the Circle Officer concerned has been placed on record collectively as Annexure-1 to the short counter affidavit.", "The first information report was lodged on the allegation that the agreement / memorandum is a forged and fabricated document which does not bear the signatures of the executants i.e. Smt. Rajeshwari Sharma and Smt. Sudha Sharma.", "The plaintiff-petitioner challenged the first information report before this Court by means of Criminal Misc.", "Writ Petition No. 1734 of 2018 (Jag Mohan Malhotra and others vs. State of U.P.), which was disposed of vide order dated 25.1.2018 granting interim protection to the petitioner for arrest till submission of police report under Section 173(2) Cr.P.C. The aforesaid order dated 25.1.2018 is quoted as under:-", "\"Heard learned counsel for the petitioners and learned AGA for the State-respondents.", "This petition for writ is before us to have a direction to quash the FIR dated 14.12.2017 bearing Case Crime No.383 of 2017, pending investigation at Police Station Kotwali , District Moradabad for the offences punishable under Sections 420, 467, 468, 471, 120B IPC.", "Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.", "We have looked into the FIR that is challenged in this petition for writ.", "A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable.", "Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.", "However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.3 not to arrest the petitioners in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure.", "The petitioners shall cooperate the investigating agency during the course of investigation.", "Petition stands disposed of as above.\"", "It may also be noticed that Jai Kumar Mishra also moved an impleadment application in the suit filed by the plaintiff-petitioner, which is still pending.", "The relevant fact for deciding the present controversy is that before the trial court the Investigating Officer moved an application that he may be handed over the agreement / memorandum filed by the plaintiff-petitioner, which has been kept in a sealed cover, for investigation so as to facilitate verification of signatures through an expert.", "The trial court by the order impugned herein dated 24.3.2018 allowed the application paper no. 129-Ga, however, as already noted the prayer for handing over the document was refused by the trial court but it was directed that in presence of all the counsels the Investigating Officer and the handwriting expert may be permitted to take the copy of the alleged agreement / memorandum and thereafter the same may be put back in sealed cover.", "The revision filed against the same was rejected as not maintainable being against the interlocutory order." ]	[ "Section 420 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 471 in The Indian Penal Code", "Section 467 in The Indian Penal Code", "Section 468 in The Indian Penal Code", "Section 406 in The Indian Penal Code", "Section 173 in The Indian Penal Code" ]
7203306	[ "rri Crl.", "O.P.No.7113 of 2020 02.06.2020 4/4http://www.judis.nic.in", "The petitioner, who apprehend arrest for the offences under Sections 376, 313 354A, 417, 406, 506(1) IPC and Section 67A of Information Technology Act, in Crime No. Not known of 2020 on the file of the respondent police, seeks anticipatory bail.", "In view of the above, the learned Counsel appearing for the petitioner seeks permission of this Court to withdraw the petition.", "Accordingly, this petition is dismissed as withdrawn with a liberty to file a fresh petition.", "02.06.2020 Index : Yes/No Internet : Yes/No rri 2/4http://www.judis.nic.in Crl.", "O.P.No.7113 of 2020", "The Inspector of Police, All Women Police Station, Thirumangalam, Chennai.", "The Public Prosecutor, High Court, Madras.", "http://www.judis.nic.in Crl.", "O.P.No.7113 of 2020 A.D.JAGADISH CHANDIRA,J." ]	[ "Section 506 in The Indian Penal Code", "Section 406 in The Indian Penal Code", "Section 417 in The Indian Penal Code", "Section 313 in The Indian Penal Code", "Section 376 in The Indian Penal Code" ]
72047307	[ "false criminal case has been initiated under Sections 498A/506/34 of the Indian Penal Code and in such matter, the petitioner had been arrested in connection with Dum Dum Police Station Case No. 185 dated 17.07.2005 and the petitioner was detained in the jail custody for about four days and after such detention, the petitioner was released on bail.", "It is needless to mentioned here that the respondent with an ulterior motive and intention implicated the brother of the petitioner Achinta Das and three sisters of the petitioner namely, Smt. Rama Das, Smt. Moli Das and Smt. Ila Paul as accused and after such bail of the petitioner, all the alleged accused, i.e., the brother and three sisters of the petitioner were released on bail.", "It is needless to mention here that the respondent with an ulterior motive and intention only to degrade the petitioner in his society initiated such proceeding by making some false allegations.", "The petitioner submits that the marriage between the petitioner and the respondent been irrevocably broken down due to such act of cruelty and the proceedings as initiated by the respondent is false and has been initiated by the respondent only to degrade the family prestige, position, dignity of the petitioner and of his other family members.", "The petitioner craves leave to refer the papers with regard to such criminal proceedings at the time of hearing of the instant application.", "\" The said application for amendment was contested 3 by the opposite party and primary objection taken was that the said application cannot be allowed after the commencement of trial.", "The Trial Court rejected the said application for amendment holding that the proviso to Order 6 Rule 17 of the Code of Civil Procedure postulates that after the commencement of trial, no application for amendment shall be allowed unless the Court comes to the conclusion that in spite of a due diligence the party seeking an amendment could not have raised the matter.", "Mr. Basu, Learned Advocate appearing for the petitioner submitted that the Trial Court had acted illegally and with material irregularity in dismissing the said application for amendment by invoking the proviso inserted under the provision of Order 6 Rule 17 of the Code of Civil Procedure.", "Upon hearing Mr. Basu, I am of the view that the order impugned cannot be sustained.", "Initially the provision under Order 6 Rule 17 was omitted by the Code of Civil Procedure (Amendment) Act, 1999 (hereinafter referred to as the said Act of 1999).", "The said provision with an added proviso was reintroduced by the Code of Civil Procedure (Amendment) Act, 2002 (hereinafter referred to as the said Act of 2002)." ]	[ "Section 506 in The Indian Penal Code", "Section 34 in The Indian Penal Code", "Section 498A in The Indian Penal Code" ]
96101496	[ "Heard Sri Shahroze Khan, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.", "This application under Section 482 Cr.", "P.C has been moved with a prayer to quash the charge-sheet dated 25.04.2019 filed in Criminal Case No.44 of 2019 under sections 376 IPC and section 3/4 of Protectionof children from Sexual Offences Act arising out of Case Crime No. 77 of 2019 (State vs. Azizur Rahman), Police Station Bansi, District Siddharth Nagar pending in the Court of Additional District and Sessions Judge, Siddharth Nagar and also a prayer is made to stay the proceedings in this case till the disposal of this application.", "It is argued by the learned counsel for the applicant that the daughter of opposite party no.2 is a married wife of accused applicant.", "In order to prove that they were married, attention was drawn to pages 65 to 67 of the paper book which contains the petition filed in Family Court of Siddharth Nagar by the daughter of opposite party no. 2 under section 125 Cr.P.C. for maintenance, in which she has stated herself to be wife of the accused-applicant.", "Further, it is argued that in the said proceedings, compromise was filed by the parties which is at page-76 which also indicates that they were married to each other.", "In the medical examination report which is annexed at page-41, the medical board has found the victim to be 17 years of age and if two years are added, she should be treated to be major.", "It is mentioned in the FIR that the husband of opposite party no. 2 had died and that the opposite party no. 2 was taking care of her children and of her own self.", "On 13.05.2018 at about 11.00 A.M. when the opposite party no. 2 was not at home and her daughter/victim who is aged about 14 years was alone in the house, the accused-applicant entered into the house and committed rape upon her." ]	[ "Section 375 in The Indian Penal Code", "Section 376 in The Indian Penal Code" ]
961142	[ "Learned counsel for the applicant is not present.", "Heard learned A.G.A. and perused the record.", "This application has been filed with a prayer that the applicant may notbe arrested in Case Crime No. 284 of 1995 under sections 498A, 304-B, 201 I.P.C. and later on converted under section 306/201 I.P.C.,Police Station Kamalganj,District Farrukhabad.", "From the perusal of the record it appears that in the present case, theO.P.No.2 Smt. Ganga Devi lodged the FIR in case Crime No. 284 of1995, under sections 498A, 304-B, 201 I.P.C. and 3/4 DowryProhibition Act, after investigation, the charge sheet dated 31.12.1995has been submitted against Smt. Gajrani , Munna Lal alias RakeshKumar, the charge sheet was not submitted against the applicant,whereas the applicant was named in FIR, thereafter SeniorSuperintendent of Police Farrukhabad directed the I.O.for doing thefurther investigation vide order dated 29.3.1996 and he was directed tosubmit the police report also within a week.", "The Superintendent ofPolice Farrukhabad has not committed any error in directing for furtherinvestigation because if the superior officer of the police is not satisfiedwith the police report, the order of further investigation may be passed.", "If the I.O. collects the material against the applicant during investigationand feels it proper to make the arrest of the applicant, the applicant maybe arrested.", "In the present case interim order dated 31.5.1996 has been passed byanother bench of this Court, by which the arrest of the applicant wasstayed, unless the re-investigation is not done by the order of theMagistrate or any other court, a long period has elapsed, the furtherinvestigation could have been completed, therefore, it is directed that incase further investigation has been completed and the applicant hasbeen charge sheeted, the applicant shall appear before the courtconcerned or he may be arrested by the police.", "The interim order dated 31.5.96 is hereby vacated.", "With the above observation, this application is disposed of finally.", "Let a copy of this order be communicated to the CJM/Sessions Judge, concerned forthwith for passing appropriate order in the abovementioned case.", "Order Date :- 3.8.2010Su" ]	[ "Section 201 in The Indian Penal Code", "Section 498A in The Indian Penal Code", "Section 306 in The Indian Penal Code", "Section 304B in The Indian Penal Code" ]
961157	[ "Sumithra (hereinafter referred to as the 'deceased'), as the daughter of Siddamma (PW-1) and sister of Hosakerappa (PW-6) as well as grand daughter of Hanumawwa (PW-7).", "She was married to the accused about one year back to the date of incident.", "After the marriage, Sumithra went to the house of her husband to lead a happy family life.", "Though initially they led a happy married life, bickerings started between the accused and his wife as he started abusing and ill-treating her on the pretext that she does not know how to do the house-hold work.", "However, this was only a pretext to extract additional dowry from the parents of the deceased.", "As per the customs during Gowri Festival, the deceased was brought to her parental place to celebrate the festival and at that time, the deceased who was pregnant had complained about the ill-treatment meted out to her by her husband.", "As such, the parents, grand-mother and other relatives asked the deceased to stay back in their house.", "The accused started visiting the house of PWs 1 and 7 and was insisting upon the deceased to come back to his village.", "On such a visit viz., on 9.3.2001, the accused again came to the house and picked up a quarrel with the deceased and her mother and other relatives and insisted that she should be sent on that day itself.", "The relatives informed him that as Sumithra was pregnant, after performing certain ceremonies including 'Srimantha', she would be sent back later.", "The accused stayed in the house of the in-laws that night.", "J U D G M E N T(Arising out of SLP (Crl.) No. 4077 of 2006) Dr. ARIJIT PASAYAT, J.", "Leave granted.", "Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court dismissing the appeal filed by the appellant.", "The appellant was found guilty of offence punishable under Sections 498-A and 302 of the Indian Penal Code, 1860 (in short the 'IPC') by the trial court and was sentenced to undergo R.I. for two years and life respectively.", "Fine was also imposed with default stipulation.", "The High Court set aside the conviction for the offence punishable under Section 498-A IPC but maintained the conviction under Section 302 IPC and consequently the sentence.", "The background facts as projected by the prosecution are as follows:", "On the next day i.e. on 10.3.2001, after taking the night meals, the accused and the deceased slept inside the room whereas, the mother, brother and other relatives slept outside the hall.", "In the night around 3.00 a.m., they heard cries coming from the room and when they went inside, they saw the accused running away and Sumithra lying unconscious on the ground with bleeding injuries on her head.", "Immediately, she was shifted to Government Hospital, Gadag and then to KIMS Hospital.", "In the meantime, on 11.3.2001 itself Head Constable (PW-18) and SHO of Gadag Rural Police station on getting the medico legal intimation that one Sumithra was admitted in the hospital and that she was assaulted by her husband with an iron implement, he went to the hospital and made enquiry and found that Sumithra, the injured was not in a position to give any statement.", "As such, he recorded the statement of Siddamma (PW-1) who was present in the hospital and treating the same as first information, came back to the Police Station and registered a case in Crime no. 50/2001 for the offences punishable under Sections 498-A, 504 and 307 IPC, registering the FIR.", "He again went back to the hospital and there, as per the advise of the Doctor, shifted the injured to KIMS Hospital, Hubli.", "He again deputed and sent requisition for recording of the dying declaration by the authorised Taluka Executive Magistrate, but the same could not be recorded as Sumithra was in coma.", "As already noted, at KIMS Hospital, Hubli, in spite of the treatment the injured Sumithra breathed her last.", "After her death, the offence punishable under Section 307 IPC was altered to Section 302 of IPC and further investigation was continued.", "During the investigation, spot mahazar, inquest proceedings were undertaken.", "Statement of witnesses, which threw light on the incident, were recorded.", "The dead body was subjected to autopsy.", "After securing all the necessary reports and on completion of the investigation, charge sheet was filed against the accused.", "On committal and on the basis of the charge sheet materials, the accused was charged for the offences punishable under Sections 498-A and 302 IPC.", "The trial Court found the evidence to be credible and notwithstanding the fact that the vital witness i.e. the mother of the deceased (PW-1) had resiled from the statement given during investigation, held that the residual evidence was sufficient to hold the accused guilty.", "Accused was accordingly convicted and sentenced as aforenoted.", "It was held that the circumstantial evidence pressed into service was sufficient to establish the accusations.", "The High Court in essence affirmed the conclusions, but altered the conviction.", "In support of the appeal, learned counsel for the appellant submitted that there was practically no evidence whatsoever and even the so-called circumstances highlighted by the trial Court and the High Court do not lead to a conclusion that the accused was guilty of the offence as alleged.", "Learned counsel for the State on the other hand supported the judgments of the courts below.", "The trial Court itself has referred to the evidence of PW-16 who categorically stated that though he was requested to record the dying declaration the same could not be recorded as the doctor was of the opinion that the deceased was not in a fit condition to give her statement.", "Thereafter, no statement was recorded.", "In fact he was called to attend the inquest." ]	[ "Section 498A in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 504 in The Indian Penal Code" ]
961177	[ "tion under section 482 of the Code of Criminal Procedurepraying that further that proceedings be stayed in SessionsCase No. 1 of 25th of March, 1985 under sections148/302/325/323/149/120-B of the I.P.C. The High Courtdismissed this petition because it found no merit in thesame.", "The petitioner, herein alongwith 14 more persons werecharged by an order dated 30th of May, 1986 under sections148/302/149/325/149 and under sections 323/149 of the I.P.C.for allegedly causing death of one Ajit Singh and forcausing hurt to Smt. Gurmej Kaur, the complainant.", "The complainant further states that Ajit Singh wasalso involved by the police in a case of dacoity of policestation Kotwali Kapurthala and police station Dhilwan duringinvestigation of the murder case in question.", "Ajit Singh wasalso convicted in those cases but acquitted by the HighCourt.", "It is the case of the complainant that Ajit Singh wasallegedly involved in some other murder and dacoity case bythe police which was tried in Himachal Pradesh and AjitSingh was acquitted by the Himachal Pradesh High Court.", "Mohinder Singh and Des Raj also co-accused in this caseallegedly investigated cases of Kapurthala and Ajit Singhwas tortured by Des Raj and the leg of Ajit Singh wasbroken.", "Ajit Singh then filed complaint against Des Raj(also accused in this case) and he was summoned by theJudicial Magistrate 1st p Class, Kapurthala and thus therelation between Ajit Singh and Kapurthala Police Stationhad become very strained.", "Ajit Singh had then settled inU.P., according to the allegations in the complaint, out offear of the police.", "It is stated that on or about 7th ofApril, 1983 at about 3 p.m. all the accused includingpresent petitioner went to village Bhandal Bet.", "They went tothe house of the complaint where she was present alongwithher sons Ajit Singh and Manjit Singh and other members ofthe family.", "Manjit Singh and Ajit Singh, it was alleged,were surrounded by the police officials and Manjit Singh andAjit Singh protested against this.", "Then Bakshish Singhaccused, petitioner, directed his companions to arrest AjitSingh and Manjit Singh and tie them with ropes and put themin the truck for the purpose of throwing them in the riverBeas.", "It was further alleged that Manjit453Singh and Ajit Singh ran to save themselves but they wereattacked by the police officials.", "From the Judgment and order dated 11.12.1986 of thePunjab and Haryana High Court in Criminal Miscellaneous No.7421-M of 1 986 .", "R.K. Garg, Ms. Suman Kapoor and R.P. Singh for thePetitioner.", "P.N. Puri, R.S. Sodhi and R.S. Suri for theRespondents.", "By the order the High Courthas dismissed the applica-", "The casewas committed to the Court of Sessions by the JudicialMagistrate 1st Class, Kapurthala vide order dated 20.2.1985.As per the case set up by the complainant Smt. Gujmej Kaur,her son Ajit Singh since deceased was involved in a murdercase pertaining to the murder of head constable Bagga Singhof Police Station Dhilwan.", "That case was registered inpolice station Bhogpur, District Jalandhar and Ajit Singhwas tried alongwith other persons and was sentenced by theAdditional Sessions Judge but he was acquitted by the HighCourt.", "The complainant alsoreceived injuries in the A course of this occurrence whenshe was given dang blows.", "Ajit Singh and Manjit Singh weregiven blows by the police officals on the asking of theappellant herein Bakhshish Singh Brar, who is the DeputySuperintendent of Police.", "A hue and cry was raised.", "Otherpersons came, Ajit Singh and Manjit Singh became unconsciousand then they were taken away in the truck for the purposeof throwing them in the river, according to the complaint.", "It wasfurther alleged that the accused who are the policeofficials fabricated false evidence in order to make out adefence and registered two false cases one under section61(1)(a) of the Punjab Excise Act, F.I.R. No. 70 dated 7thof April 1983 and the other under section 307, I.P.C. F.I.R.No.", "On the other hand, the case of the respondents was thatthe police party headed by the petitioner including 13 ofhis subordinates went to the Haveli of Jit Singh alias Jita,situated in village Bhandel Bet in connection with raid onsecret information to the effect that he is indulging inillicit liquor and unlicenced arms.", "There were two FirstInformation Reports one under section 61(1)(14) of thePunjab Excise Act and the other under section 25(54)(59) ofthe Arms act were recorded in Police Station Dhilwan.", "Thaton the same date the police party raided the Haveli of JitSingh alias Jita, where Manjit Singh, Jasbir Singh, BalwantSingh, Chhinda and Majwi, residence of village Bullowal andGurdev Singh resident of village Ucha were present there.", "Itis further alleged that seeing the police party, JasbirSingh fired at Ajit Singh, who saved himself by hidinghimself behind a wall.", "The other persons armed with dangsand dhope attacked the police party.", "The trialMagistrate dismissed the application.", "We,therefore, dismiss this petition.", "P.C. may be agitated after some evidence have been notedby the learned Additional Sessions Judge." ]	[ "Section 323 in The Indian Penal Code", "Section 149 in The Indian Penal Code", "Section 325 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 307 in The Indian Penal Code", "Section 120B in The Indian Penal Code", "Section 148 in The Indian Penal Code" ]
54519122	[ "The present bail application has been filed by the applicant Ramu alias Sanjay Srivastava in case crime no.553 of 2009, under sections 364, 302, 368, 34, 392 and 201 IPC, police station Kotwali, district Basti.", "2. Heard Mr. D.S. Mishra for the applicant and the learned AGA for the State and perused the record.", "Mr. D.S. Mishra submitted that except the applicant remaining other accused persons have already been enlarged on bail.", "The roles of all the accused including the applicant were almost similar.", "It is alleged that all the accused including the applicant assaulted the deceased and the injured persons with blunt portion of a country made pistol, fan belt and cable etc. It is not clear as to which accused was responsible for causing death of the deceased.", "Mr. Mishra further submitted that the applicant is in jail since long and is entitled to bail on the ground of parity.", "In support of his submissions, Mr. Mishra relied on following cases:", "(i) Izharul Haq Abdul Hamid Shaikh & another vs. State of Gujarat, 2009(2) JIC 86 (SC);", "(ii) Fida Hussain Bohra vs. State of Maharashtra, 2009(2) JIC 312 (SC);", "Appeal No.1041/2001, arising out of SLP (Crl)3182/2001);", "In the case of Fida Hussain Bohra (supra), the apex court found that other accused persons had been bailed out while depriving the appellant from obtaining the said benefit.", "In the case of Rajesh Gandhi (supra), the apex court granted bail to the appellant on two grounds, firstly, that the charge sheet had already been filed and co-accused persons had been granted bail and, secondly, that the high court was not justified in refusing bail to the appellant on the ground that he was the beneficiary of the alleged conspiracy.", "The case of Harbans Singh (supra) is hardly of any help to the applicant because it was a case in regard to quantum of punishment imposed on the appellant vis a vis other accused.", "Similar was the position in the case of Akhil Ali Jehangir Ali Sayyed (supra).", "The learned counsel for the applicant placing reliance on the aforesaid cases, submitted that when co-accused persons playing similar roles have already been enlarged, there is no reason to deny bail to the applicant.", "In the aforesaid cases, no law appears to have been laid down regarding grant of bail to the co-accused invariably only on the ground of parity.", "The learned AGA, in reply, submitted that the cases of the applicant and the co-accused persons are not at par.", "The applicant is named in the FIR and happens to be the main person under whom the deceased used to serve.", "The dead body of the deceased was also recovered from the house of the applicant.", "The applicant is the maternal brother of the deceased.", "A charge of misappropriating forty eight-forty nine lac rupees belonging to the applicant was allegedly made by the applicant and other accused and for this reason they kidnapped the deceased and two others in an Alto Car and brought them in the applicant's rice mill where the deceased and two injured were mercilessly beaten by them.", "When the condition of the deceased became critical, he was brought from the rice mill to the house of the applicant where he died.", "The learned AGA further submitted that other accused were not named in the FIR and had no motive.", "They merely acted for the applicant whereas the applicant had a motive because the deceased had misappropriated his money.", "Moreover the co-accused persons were not named in the FIR but the applicant is named in the FIR.", "The deceased and the injured were assaulted in the applicant's rice mill and the deceased's dead body was recovered from the house of the applicant, therefore, the case of the applicant is quite distinguishable from the cases of the co-accused and as such the question of parity does not arise.", "The learned Counsel only pointed out that by reasons of fact that other co-accused has been admitted to bail the applicant should also be granted bail.", "This argument alone would not be sufficient for admitting the applicant to bail who is involved in a triple murder case....\"", "Bail Application No. 34209 dated 14.12.2009 is on record as annexure 9, according to which the said co-accused were released on bail on the ground that they were not named in the FIR and their names surfaced after five days of the occurrence and their naming was after thought.", "The other co-accused Prahlad Singh was granted bail vide the order dated 18.12.2009 passed in Criminal Misc.", "Bail Application No. 14749 of 2009 on the ground of parity of the bail granted in favour of the co-accused Praveen Kumar alias Babu Upadhyay and Raj Kumar Singh, as Prahlad Singh was also not named in the FIR and his name also surfaced during the investigation." ]	[ "Section 392 in The Indian Penal Code", "Section 201 in The Indian Penal Code", "Section 302 in The Indian Penal Code", "Section 364 in The Indian Penal Code", "Section 34 in The Indian Penal Code" ]
154611175	[ "The prosecution story in a nut shell begins with an earlier scuffle between the accused and deceased (Sakthivel), while watching a street play conducted during a village festival.", "It is alleged that the accused-appellant was rebuked by the deceased for sitting next to ladies.", "In this context, on 20.08.2009, at about 6:00 PM the accused came to the spot where Rajendran (PW-1), Arumugham (PW-2) and Subramani (PW-3) were savoring idliis from the stall of Sumathi (PW-4), when the accused-appellant arrived with an intention to draw out Sakthivel (deceased), by picking up a quarrel with Rajendran (PW-1), who was his brother-in-law.", "Accordingly, the accused-appellant arming himself with a wooden log lying nearby, assaulted Arumugham (PW-2), who came to the rescue.", "At that moment the Sakthivel (deceased) is supposed to have intervened.", "Seeing him, the accused barged on Sakthivel claiming to finish him while kicking and pushing him into the water canal.", "When he tried to climb up from the canal, the accused hit him with a wooden log on his head.", "The 2 villagers present at the spot, then prevented the accused while assaulting him on his head, thereby causing injuries to the accused.", "Thereafter, both the injured Sakthivel and accused were shifted to the Government Hospital, Pudukottai in an ambulance.", "Ultimately the Sakthivel succumbed to the injuries before reaching the Hospital.", "Sub-Inspector Ramaswamy—PW-23 registered an FIR (Ext.", "Circle Inspector Subhakumar—PW-24, undertook the investigation, visited the place of occurrence, prepared observation mahazar and drew the rough sketch (Ext. P7).", "The alleged weapon (wooden log—stick) (Ext. P8) used in the administration of crime was recovered from the spot.", "On the next day, he conducted inquest vide report (Ext.P9) and dead body of the deceased Sakthivel was sent for postmortem.", "The I.O. recorded the statements of Dr. Lavanya, the Doctor, who treated PW-2 (Arumugham), and Dr. Illayaraja, who conducted postmortem of the deceased.", "After completing the investigation, the I.O. submitted his report to the learned District Munsif-cum-Judicial Magistrate levelling charges against the accused for the offences punishable under Sections 324 and 302 of IPC.", "The learned Judicial Magistrate in turn committed the case to the Sessions Court.", "The accused pleaded not guilty and claimed to be tried.", "The Sessions court by order, dated 07.10.2013, awarded conviction to the accused and directed him to suffer rigorous imprisonment for life for the offence under Section 302 of IPC and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further suffer an imprisonment for a period of one year.", "The accused was also sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 324 of IPC.", "Both the sentences were however directed to run concurrently.", "The main reasons given by the trail court for maintaining the conviction against the appellant-accused are-", "4 ii.", "That the delay was sufficiently explained, as the police were busy in conducting investigation in other case.", "That the recovered objects from the scene of crime has been proved before the court.", "v. The trial recognizes that there were no step taken to identify the injury on the accused.", "That the case was proved by the prosecution beyond reasonable doubt.", "Aggrieved, the accused-appellant approached the High Court.", "By the impugned order, the High Court dismissed the appeal of the accused on the following grounds- i. That the contention of the defense concerning the statement of the PW-2 about recording by the police, just after the incident is a flimsy contradiction, which does not have the force to dislodge the entire case.", "That PW-2’s cross examination after re-calling the witness, cannot be taken into consideration.", "That failure to provide reasons for the injuries sustained by the accused, would not be sufficient to dislodge the prosecution’s case.", "5 iv.", "That the nature of weapon and the injury would not mandate reduction in the sentence from the charge of murder to grievous injury.", "Aggrieved, by the concurrent finding of the fact, the accused has approached this court.", "The main thrust of argument by the learned counsel for the appellant is that the entire prosecution case is a fabricated in such a way so as to implicate the appellant in the case as culprit.", "The real circumstances of the case have been concealed by the prosecution in order to help the complainant.", "Even the motive projected by the prosecution is false.", "There was no complaint lodged by the deceased or his wife against the accused, which itself proves that the motive ascribed to be the alleged verbal spat between the deceased and accused at the drama in the village on the eve of Kaliamman temple festival.", "On the fateful day i.e. 20.8.2009 at about 6:23 P.M. police got the information about the occurrence, but no FIR was lodged.", "At about 7:30 P.M. police visited the spot, conducted enquiry, suspected PWs 1 to 3 to be the real culprits and took them into their custody.", "6 Even PW2 informed police that he received injuries due tothe attack made by the deceased.", "The appellant has alsoinjured in the fight at the hands of deceased.", "But, police didnot register the complaint on the basis of actual occurrence,and the courts below failed to appreciate the true aspects ofthe case particularly non-explanation by the prosecution asto the injuries sustained by the accused.", "Thereafter, theaccused—appellant and deceased were sent to the hospitalin same ambulance and till the discharge of the appellantfrom hospital, police did not suspect him as a culprit.", "It isonly thereafter, police in connivance with complainantcooked up a case against the appellant, the complaint wassuitably prepared and FIR (Ext. P1) registered.", "Even at thetime of framing charges against the accused a charge underSection, 323, IPC was first charged but the trial Courtconvicted the appellant under Section 324, IPC.", "The trialCourt as well as the High Court failed to notice thesuppression of facts by the prosecution and came to awrong conclusion without appreciating the evidence inaccordance with settled principles of law, and thereby 7 rendered a perverse judgment which is required to be set aside by the interference of this Court.", "On the other hand, learned counsel for the State supported the view taken by the Courts below and submitted that having regard to the facts and circumstances, the trial Court assessed them in proper perspective and delivered a reasoned judgment.", "The conviction and sentence passed against the accused has also been affirmed by the High Court by categorical findings which does not require interference of this Court.", "9. Having heard learned counsels for both parties, we acknowledge that this case is a direct evidence case and based on statement of eyewitnesses which mandates us to observe statements of certain eye witnesses for the disposal of this case at hand.", "A bare perusal of the evidence deposed by the complainant—PW-1 (Rajendran) shows that while the complainant was in the company of Arumugham (PW2) and Subramanian (PW-3) having idliis sold by Sumathi (PW4), the accused appeared and picked up the assault on him.", "In the process of interference to prevent the assault, PW2 also 8 got injured.", "Soon thereafter, with the appearance of his brother-in-law (Sakthivel—deceased) at the spot, the accused pushed him into canal and assaulted with a wooden log on the forehead of Sakthivel.", "Then Rajinikanth (PW15) and Balasundaram (PW19)—another co-brother of the complainant, called the ambulance and took the accused and Sakthivel to the hospital while the complainant followed them on two-wheeler and at the hospital he came to know about the death of the deceased, then he went to Udayalipatti police station and lodged complaint (Ext.", "P1).", "The deposition of PW-2—Arumugham @ Iyyer, an eyewitness to the incident, is to the effect that when he was preventing the accused who was about to assault PW1, he sustained injuries.", "At that point of time, the deceased came with a wooden log in his hand and fought with the accused.", "He has also asserted that the ambulance came after police examined him and took his signature.", "He has further made it clear that many persons, including nearby shop owners, witnessed the incident, but it is a matter of record that except himself, two brothers-in-law of the deceased and Rasu, no one else was made witness.", "He further deposed 9 that the deceased assaulted the accused with the wooden log on head due to which the accused got injury.", "When the deceased was trying to hit the accused for a second time, he intervened due to which he got injury on his wrist.", "On suspicion, police took him along with PWs 1 and 3 to the Keeranur Police Station where they detained him for the night and then sent to Government Hospital on the next day morning.", "Before his examination in chief, they warned him that if he does not depose as instructed, they will foist a case against him.", "In his cross-examination PW-2 reveals as under-", "Immediately after the occurrence, Udayalipatti police came to the place of occurrence and enquired about the incident and get my signature after recording my statement.", "They recorded my statement, before the arrival of 108 ambulance and before we took Sakthivel and Kumar.", "At the time, rajendra was also presented and the police recorded his statement and obtained his signature.", "The police examined me only prior to the arrival of 108 ambulance and never examined me after the arrival of 108 ambulance.", "On recalling the PW-2, he states as under-", "The deceased Sakthivel assaulted the accused in his head with the wooden log.", "I cam there and the accused sustained injuries in his head before I reached there.", "When I intervene the second blow by the Sakthivel, I sustained injuries in my writ.", "The accused Kumar also sustained injuries on his head.", "In his cross-examination, PW3—Subramanian, another eyewitness and close relative of the deceased, also admitted that the occurrence took place at 6 p.m. and the scuffle between the accused and deceased was for five minutes.", "By the time the occurrence was completed, there was darkness.", "He further admits that he was examined by the Inspector of Police at the place of occurrence and PWs 1 & 2 were also present at that time.", "That PW-4 (Sumathi), who is alleged to be selling idliis, has not supported the case of the prosecution.", "PW5—Rasu, corroborates the version of PW-2, wherein he states that both the accused and the deceased had held 11 sticks.", "During the scuffle both of them fell into the channel and both were unconscious by the time they were pulled up.", "Rajinikanth—PW-15 deposed that at 7:15 P.M., he went to Kurunthankudi bridge upon hearing about the occurrence and found the accused and deceased lying there and took them to Government Hospital in ambulance.", "Then he came back to the place of occurrence along with Village Administrative Officer (PW-14) where police prepared a rough sketch and took his signature.", "However, in his cross-examination he deposed that, by the time he reached the place of occurrence, police had already arrived there and thereafter ambulance came.", "He further stated that PW-1— Rajendran narrated to the police everything about the incident and police reduced it into writing and his signature was also obtained.", "In his evidence, PW19—Balasundaram has also stated categorically that the ambulance came to the place of occurrence after the arrival of police and they seized the wooden log.", "According to him doctors declared the death of Sakthivel at about 8.45 p.m. and Rajendran—complainant— PW1 was not present at that time, but Inspector, 12 Sub-Inspector and Head Constable were present who examined him and PW15, but did not obtain his signature.", "Head Constable Mohan—PW20, in his chief examination adduced that at 6.23 p.m. on the day of incident, while he was going towards Ulaghanathapatti in connection with investigation in some other case, he received a call on his mobile phone about the occurrence.", "He immediately passed on the message to his seniors and called an ambulance.", "At 7:00 P.M., when he reached the place of occurrence, they found the deceased lying at Bridge Stone, Kurunkulam with injuries while the accused was lying at road side.", "He immediately sent them to Government Hospital at 7:05 P.M. However, in the cross examination, he stated that he had enquired PW-1—brother-in-law of the deceased and did not see the wounded accused and deceased when he reached the place of occurrence.", "We have also gone through the statements of PWs 6, 7, 8, 9, 10, 11, 12, 13, 16, 22 etc. Most of them are hearsay witnesses and nothing important seem to come out from their depositions.", "Contrary to what Rajendran—Complainant (PW-1) deposed, a combined reading of the evidences adduced by PWs 2, 3, 5, 15, 19 and 20 would make it abundantly clear that both the accused and the deceased have participated in the fight with wooden logs, accused has got head injury at the hands of deceased, PW2 (Arumugham) himself also received injury at the hands of accused while he was trying to protect PW1 (Rajendran) from the assault of the accused, police reached the place of occurrence within ten minutes of the occurrence, that is well before the arrival of ambulance and Rajendran—PW1 (complainant), Arumugham @ Ayyar (PW2), Subramanian (PW3) and other witnesses described the incident to the police who then examined the persons present there, rough sketch was prepared and their signatures were also obtained.", "Having observed the various depositions, we are of the considered opinion that there are four crucial aspects herein, which should be discussed and elaborated upon.", "The above evidence if examined from the perspective of time, the overall impression that can be drawn from the foregoing discussion is that the occurrence took place at around 6.15 14 p.m., and the Head Constable Mohan (PW-20) received information of occurrence at 6:23 P.M. and he passed on the message to Sub-Inspector and Circle Inspector at 6:26 P.M., soon thereafter ambulance arrived at the spot of occurrence at 6.30 p.m. At that point of time, Police have enquired PW-1, PW2 and other witnesses, drawn report, sketch map etc., and took their signatures and sent the injured persons to hospital.", "That sequence of incidents shows that already investigation was started by police.", "We may note that this case involves a fight between two persons-accused and the deceased.", "Majority of the eye witnesses including PW-1, PW-3, have categorically stated that accused-appellant was the aggressor.", "Interestingly, the PW-2 states that, even the Sakthivel assaulted the accused by a wooden log on the head, his statement should be given credence for eight major reasons-", "15 i. That the Police has subdued the statement of PW-2 taken moments after the incident.", "That the injury on the accused has not be accounted for.", "That the accused was also noted to be injured by all the prosecution witness, without specific statements as to the nature and all the prosecution witnesses state that the injury on the accused were imputed by the by-standers without much clarity.", "v. That the mode of arrest by the police to have unauthorizedly discharged the accused from the hospital and illegally confining him for a day in police custody.", "Active botch-up of investigation by the police authorities.", "Unexplained delay in registering the FIR in the police station.", "He is alleged to be the person, who had been injured in the incident.", "From the account of eye witness, we may observe that there are at least three different versions which substantially weakens the prosecution’s case.", "On the contrary PW-2 categorically remarks that a statement was recorded by PW-20 before the ambulance arrived.", "Although the High Court has discredited the evidence of PW-2 as the part 16 which provides the aforesaid details was on recalling after few days, therefore, in light of possibility of being won over, the credibility of the statement made by PW-2 needs to be viewed with this background fact.", "However, we fail to understand internal logic of such assumption, when the prosecution has not declared the witness as hostile and more so, when his narrative is corroborated by other witnesses.", "Therefore, PW-2’s evidence needs to be taken into fold.", "It is matter of record that the alleged accused-appellant, was arrested in a hurried manner after the day of the incident from the hospital.", "It is also stated that the police authorities in an unusual manner got the appellant discharged from the hospital and kept him illegally confined for a day.", "Moreover, PW-2 has categorically stated the following on the action of the police-", "The police enquired me about the incident and I narrated the same.", "The police and the Sub-inspector of Police on suspicion taken myself, PW-1 (Rajendran) and PW-3 (Subramanian) to Keeranur Police Station.", "I was detained in Keeranur police station during the night and on the next day morning, I was sent to Keeranur Government Hospital for treatment.", "Before I was examined in chief, they 17 warned me that if I have not deposed as instructed them, they will foist a case against me and only for that reason, I have stated like that.", "(emphasis supplied) The action of investigating authority in pursuing the case in the manner which they have done must be rebuked.", "The High Court on this aspect, correctly notices that the police authorities have botched up the arrest for reasons best known to them." ]	[ "Section 324 in The Indian Penal Code", "Section 302 in The Indian Penal Code" ]
154616874	[ "DATE : 14th September, 2016 ORAL JUDGMENT (PER : S.S. SHINDE, J.) :", "Rule made returnable forthwith.", "With the consent of the learned counsel for the petitioner and the learned A.P.P., heard finally.", "::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:19 :::", "The Deputy Inspector General of Prisons, Central Region, Aurangabad, vide order dated 31st March, 2016, allowed the application filed by the petitioner for grant of furlough.", "However, the petitioner is asked to execute a surety bond of his relative.", "According to the petitioner, since he cannot furnish the said surety, he is unable to avail of the furlough.", "The learned counsel for the petitioner, in support of his contention that the Authority concerned has discretion to dispense with the requirement of furnishing surety bond of the relative and the petitioner can be released on execution of personal bond, invited our attention to Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 and also the judgment of the Division Bench of this Court in Kumar ::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:19 ::: 3 criwp910-2016 Rama Gowda Vs.", "::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:19 :::", "On the other hand, the learned A.P.P., representing the State, submits that a Circular bearing No. JLM-1012/Pra.Kra.85/Prison-2, dated 24th August, 2012 has been issued by the Government of Maharashtra, Department of Home, Mantralaya, Mumbai, wherein it is provided that in case the convict is released on parole/furlough and wishes to go to the other State to avail of the said parole/furlough, he should provide surety of at least one relative or any other competent surety.", "The learned A.P.P. submits that in case the petitioner is released on furlough, who hails from the State of Karnataka, without obtaining the surety of his relative, he may not be available to undergo the remaining sentence.", "He submits that even the report received from the Superintendent of Police, Vijapur is adverse to the petitioner.", "We have considered the submissions advanced by the learned counsel for the petitioner and the learned A.P.P. appearing for the State.", "With their able assistance, we have perused the memo of the writ ::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:20 ::: 4 criwp910-2016 petition, annexures thereto and the relevant Rule from the Prisons (Bombay Furlough and Parole) Rules, 1959 and also the judgent of the Division Bench of this Court in Kumar Rama Gowda (supra).", "::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:20 :::", "In the light of discussion in the foregoing paragraphs, we direct the respondents that the period mentioned in the order of release of the petitioner on furlough, dated 31st March, 2016, issued by respondent No. 2, be extended by another four weeks and without insisting for furnishing the surety of petitioner's ::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:20 ::: 5 criwp910-2016 relative, release the petitioner on execution of personal bond in the amount of Rs. 5000/- (Rupees five thousand).", "Needless to observe that respondent No. 2 may impose the condition asking the petitioner to attend the nearest Police Station during the period of furlough.", "::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:20 :::", "Rule is made absolute in the above terms and the writ petition stands disposed of accordingly.", "Since the learned counsel Mr. S.P. Koli is appointed as Amicus Curiae to prosecute the cause of the petitioner, his fees be paid as per the schedule of fees maintained by the High Court Legal Service Sub-Committee at Aurangabad.", "::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 00:51:20 :::" ]	[ "Section 302 in The Indian Penal Code" ]

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