121	INDERJIT SINGH & ORS. ETC. Vs. STATE OF PUNJAB & ORS.	Coram: RAY, G.N. (J)	13/07/1995	Indian Penal Code, 1860-Sections 466, 468, 471, 477-A and 120B-Of-fence of Criminal misappropriation and conspiracy-Case of embezzlement by deliberately falsifying records by government officers-Circumstantial evidence-Mere over payment to workers	Allowing the appeals, this Court HELD : Simply on the basis of the reports of the Superintending Engineer that less work than what was stated in the records was done, the case of embezzlement by deliberately falsifying the records was not establ	Click here to see Subject, Head Notes, Citation and Judgement
122	A.JAYARAM & ANR.ETC.ETC. Vs. STATE OF ANDHRA PRADESH BYC.B.I.	Coram: RAY, G.N. (J)	13/07/1995	Indian Penal Code, 1860-Section 420A-Convictions for offences under-Appeal against-Appreciation of evidence-Fertiliser scandal in transporting imported fertilisers from ports of arrival to government godowns- Prosecution case that fertilisers impo	Disposing of the matter, this Court HELD : 1.1. A large scale fraud had been committed in the mater of transportation of fertilisers from the ports of arrival to various destinations in the State of Andhra Pradesh. Such fertilisers had been bro	Click here to see Subject, Head Notes, Citation and Judgement
123	THE STATE OF PUNJAB Vs. SURJA RAM	Coram: MUKHERJEE M.K. (J)	09/08/1995	Criminal Law : Indian Penal Code, 1860 : S.302 read with s.34-Murder-Trial-Conviction by trial Court-Acquittal by High Court-Appeal against acquittal-Held in appeal against acquittal recorded by High Court. Supreme Court does not ordinarily i	Allowing the appeals, setting aside the judgment of the High Court and restoring the order of conviction and sentence passed against the two respondents by the Trial Court, this Court HELD : 1. It is trite that while dealing with an appeal again	Click here to see Subject, Head Notes, Citation and Judgement
124	KARNEL SINGH Vs. THE STATE OF M.P.	Coram: AHMADI A.M. (CJ)	11/08/1995	Indian Penal Code, 1860 Section 376-Rape of a labourer by contractor-Convicted by Courts below- Absence of marks of injury on the person of victim-Satisfactorily explained-No reason to implicate the accused-Loopholes in investigation-Not to hel	Dismissing the appeal, this Court HELD : 1. The investigation officer had not taken the care expected of him. He did not record the statements of the two witnesses nor did he refer to the attachment of the 'Chaddi' in his oral evidence. That was	Click here to see Subject, Head Notes, Citation and Judgement
125	KAILASH POTLIA Vs. THE STATE OF ANDHRA PRADESH	Coram: RAMASWAMY, K.	14/08/1995	Indian Penal Code, 1860: Sections 302, 380-Murder-Trial-Conviction based on circumstantial evidence- Held, prosecution failed to establish case against appellant beyond all reasonable doubt. Evidence Act, 1872: Circumstantial Evidence-Convict	Allowing the appeal and setting aside the conviction and sentences, this Court HELD : 1.1. The prosecution has failed to establish the case against the appellant beyond all reasonable doubt. [692-A] 1.2. The evidence of PW. 13, to whom the ap	Click here to see Subject, Head Notes, Citation and Judgement
126	GURDIAL SINGH Vs. STATE OF PUNJAB	Coram: MUKHERJEE M.K. (J)	21/08/1995	Indian Penal Code. 1860/Arms Act, 1959 : Ss. 302 read with s.34, s.326ls. 25-Three accused firing at victim-Death caused-Autopsy-Report indicating gunshot injuries caused by different types of fire arms collectively sufficient to cause death-Tri	Disposing of the appeal, this Court HELD : 1. The finding of the trial court that the appellant shot at the deceased with a gun causing injuries on his person is unassailable in view of the evidence of PW.3 supported by other evidence on record,	Click here to see Subject, Head Notes, Citation and Judgement
127	THE STATE OF PUNJAB Vs. TEJINDER SINGH & ANR.	Coram: MUKHERJEE M.K. (J)	21/08/1995	Indian Penal Code, 1860: S. 304(Part-1) read with s.34-Victim assaulted by two accused-Death caused- Trial by Special Court-Motive-Nature of Injuries-Conviction of one accused u/s. 302-Acquittal of other for lack of motive and on probabilities o	Dismissing the appeal of A.1 and allowing that of the State, this Court HELD : 1.1. The trial Court was right in fully relying upon the evidence of the two eye witnesses, PWs. 4 and 5, as against A.1 and was fully justified in concluding that A.	Click here to see Subject, Head Notes, Citation and Judgement
128	GURDIAL SINGH Vs. STATE OF PUNJAB	Coram: M.K. MUKHERJEE , G.T. NANAVATI	21/08/1995	Indian Penal Code. 1860/Arms Act, 1959 : Ss. 302 read with s.34, s,326/s. 25-Three accused firing at victim Death caused-Autopsy-Report indicating gunshot injuries caused by different types of fire arms collectively sufficient to cause death-Tri	Disposing of the appeal, this Court HELD : 1. The finding of the trial court that the appellant shot at the deceased with a gun causing injuries on his person is unassailable in view of the evidence of PW.3 supported by other evidence on record,	Click here to see Subject, Head Notes, Citation and Judgement
129	ANIL SARAN Vs. THE STATE OF BIHAR AND ANOTHER	Coram: RAMASWAMY, K.	24/08/1995	Code of Criminal Procedure, 1973 : Sections 190 and 192. Offence-Cognizance of--When takes place-Held cognizance takes place as soon as the Magistrate applies his judicial mind to the offence stated in the complaint. Chief Judicial Magistrate	Dismissing the appeal, this Court HELD : 1. The word 'cognizance' has not been defined in the Code of Criminal procedure. But it is now settled law that the court takes cognizance of the offence and not the offender. As soon as the Magistrate a	Click here to see Subject, Head Notes, Citation and Judgement
130	BHARWAD JAKSHIBHAI NAGJIBHAI & ORS. Vs. THE STATE OF GUJARAT	Coram: MUKHERJEE M.K. (J)	24/08/1995	Criminal Law. Indian Penal Code, 1860.-S.324 and S.326 read with S.]49; S. 302 read with S. 149-Unlawful assembly-Group rivalry-Clash-one killed and two assaulted-15 accused and brought to trial-Trial Court acquitted all-High Court reversed fin	Dismissing the Appeals, this Court HELD : 1. The finding of the High court that the 7 accused Appellants were members of an unlawful assembly which caused injuries to three members of the Patel community is unassailable. This court has carefully	Click here to see Subject, Head Notes, Citation and Judgement
131	V. M. SHAH Vs. THE STATE OF MAHARASHTRA & ANR.K. RAMASWAMY, B.L.HANSARIA	Coram: RAMASWAMY, K.	25/08/1995	Companies Act, 1956 : Section 630. Company-properly of-Withholding by employee-Prosecution for--Conviction by Criminal Court-Civil Court's finding that employee had independent tenancy rights and not through company-Held until set aside by Appel	Allowing the appeal, this Court HELD : 1. It cannot be said that the appellant has been in wrongful possession of the property entailing his conviction and punishment under section 630 of the Companies Act and requiring handing over of the poss	Click here to see Subject, Head Notes, Citation and Judgement
132	S.K.KAMDAR AND ANR. Vs. STATE OF MAHARASHTRA	Coram: RAY, G.N. (J)	06/09/1995	Foreign Exchange Regulation Act, 1947: Sections 4(1)(2) and 5(l)(a), (aa) (c). Foreign Exchange Regulation Act, 1973 Section 8(1) (2) and 9(1) (a), (b), (d). Indian Penal Code, 1860 : Section 120-B. Offences committed under the 1947 Act-Co	Dismissing the appeals, this Court HELD : The complaint has been lodged not only for the violation of the provisions of the Foreign Exchange and Regulation Act, 1947, but also for an offence under Section 120-B of the Indian Penal Code. The comp	Click here to see Subject, Head Notes, Citation and Judgement
133	ASHOK KUMAR Vs. THE STATE (DELHI ADMINISTRATION)	Coram: PUNCHHI, M.M.	19/09/1995	Criminal Law : Indian Penal Code, 1860 : S.302-Murder-Husband killed by wife and her lover allegedly with a stone- Wife convicted and sentenced to life imprisonment and fine-Other accused convicted and sentenced to death-Confirmed by High Cou	Allowing the appeal to the extent of commuting the sentence to life imprisonment, this Court HELD : 1. There is no reason to disbelieve the evidence of the Prosecution witnesses. The discovery of E group blood on the stone, clothes of the decea	Click here to see Subject, Head Notes, Citation and Judgement
134	STATE OF ANDHRA PRADESH Vs. BODEM SUNDARA RAO	Coram: ANAND, A.S. (J)	22/09/1995	Criminal Law : Indian Penal Code, 1860-S.376(1)-Rape of minor girl-Trial Court convicting and sentencing accused to 10 years R.I.-High Court maintaining conviction and reducing sentence to 4 years R.I.--Appeal by State on ground of inadequacy o	Allowing the appeal, this Court HELD : 1.1. In recent years, the crime against women are on the rise. These crimes are affront to the human dignity of the society. Imposition of grossly inadequate sentence and particularly against the mandate of	Click here to see Subject, Head Notes, Citation and Judgement
135	BONKYA ALIAS BHARATSHIVAJI MANE AND ORS. Vs. STATE OF MAHARASHTRA	Coram: ANAND, A.S. (J)	27/09/1995	Indian Penal Code, 1860-Sections 302, 307, 323/149-Prosecution under- Injured witness-Corroboration by eye witnesses-Conviction -Validity of. Sections 302, 307, 323/149-Prosecution under-Name not mentioned in FIR-Not identified in identification	In appeal under Section 19 of TADA, this court, partly allowing the appeal HELD: 1. The prosecution has not been able to establish the case against A-10 beyond reasonable doubt and thus he is entitled to benefit of doubt. In view of the improvem	Click here to see Subject, Head Notes, Citation and Judgement
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