136	MRS. RUPAN DEOL BAJAJ & ANR. Vs. KANWAR PAL SINGH GILL & ANR.	Coram: MUKHERJEE M.K. (J)	12/10/1995	Indian Penal Code, I860-Sections 354, 509-Modesty of woman- Meaning of-- Test for ascertaining whether modesty has been outraged-Action of offender capable of shocking sense of decency of a woman. Sections 339 & 341-Wrongfully restrained-Offence	Disposing of the matter, this Court HELD : 1.1. The ultimate test for ascertaining whether modesty of a woman has been outraged is, the action of the offender such as could be perceived as one which is capable of shocking the sense of decency of	Click here to see Subject, Head Notes, Citation and Judgement
137	A. WATI AO Vs. THE STATE OF MANIPUR	Coram: HANSARIA B.L. (J)	13/10/1995	Indian Penal Code, 1860 : Section 120-B Prevention of Corruption Act, 1947: Section 5(l)(d). Government Officer-Award of contract to a black listed firm at extremely exorbitant rates-Material supporting charge of corruption and conspiracy- Conv	Dismissing the appeal, this Court HELD : 1. The involvement of the appellant in the conspiracy is so apparent that it cannot be said that there was any straining of the [ Circumstance to connect the appellant with the crime. The appellan	Click here to see Subject, Head Notes, Citation and Judgement
138	BALDEV SINGH & ANR. Vs. STATE OF PUNJAB	Coram: PARIPOORNAN, K.S.(J)	13/10/1995	Criminal Law : Indian Penal Code, I860 : Sections 302 r/w 34/299, 304, Part-1-Murder/culpable homicide-No intention to cause death-No knowledge that injuries inflicted were likely to cause death-Held; offence falls under Section 299 read with	Disposing of the appeal, this Court HELD : 1. There is no discrepancy between Ex. P-7 (F.I.R.) and the deposition of PW-5 in Court. It should be remembered that Ex. P-7 was given within two hours of the incident and PW-5 a lady would have been i	Click here to see Subject, Head Notes, Citation and Judgement
139	BALWINDER SINGH Vs. STATE OF PUNJAB	Coram: ANAND, A.S. (J)	09/11/1995	Indian Penal Code, 1860-Sections 302 and 201-Conviction for of-fence under-Legality of-No direct evidence-Circumstantial evidence-Not established-Delay of 5 days in lodging FIR-Conviction not legally sustainable. Indian Evidence Act, 1872 : Evi	Allowing the appeal, this Court. HELD : 1.1. In a case based on circumstantial evidence, it is now well settled that the circumstances from which the conclusion of guilt is to be drawn should be fully proved and those circumstances must be conclus	Click here to see Subject, Head Notes, Citation and Judgement
140	JARNAIL SINGH Vs. STATE OF PUNJAB	Coram: MUKHERJEE M.K. (J)	23/11/1995	Indian Penal Code-Sections 302, 307 and 34-Evidence found unacceptable against two accused-Whether could be relied on to convict other co-accused- Evidence Act-Generally. Indian Penal Code-Sections 302, 307 and 34-Deceased sustained three injur	This Court, converting the offence under section 302 IPC into one of section 307 IPC. HELD : 1.1. The Trial Court recorded the order of acquittal in respect of three of the accused persons by giving them the benefit of doubt and not on a findin	Click here to see Subject, Head Notes, Citation and Judgement
141	DURGESH CHANDRA SAHA Vs. BIMALCHANDRA SAHA & ORS.	Coram: G.N. RAY , G.T, NANAVATI	23/11/1995	Criminal Procedure Code, 1973-Section 167 (5) as amended by the West Bengal Amendment Act (Act 24 of 1988)-Interpretation of-Power to stop investigation after expiry of three years-Applicability of Section 167(5) as amended by West Bengal Act-Obje	Allowing the appeal, this Court HELD : The language of section 167(5) of the Code of Criminal Procedure as amended by the West Bengal Act is quite clear in indicating that the said section is applicable only in a case where the investigation was	Click here to see Subject, Head Notes, Citation and Judgement
142	WASSAN SINGH Vs. THE STATE OF PUNJAB	Coram: MAJMUDAR S.B. (J)	28/11/1995	Criminal Law: Indian Penal Code, 1860 : Section 100 secondly and 99-Right of private defence of body-When extends to even causing death--Accused must have a reasonable apprehension in his mind that he will be subjected to grievous hurt-Must b	Allowing the appeal, this Court HELD 1.1. It is obvious that if an accused with an intention to kill his victim fires a shot at him which misses the target and hits any other innocent person fatally he would remain guilty of an offence of murder	Click here to see Subject, Head Notes, Citation and Judgement
143	STATE OF PUNJAB Vs. GURDIP SINGH & OTHERS	Coram: RAY, G.N. (J)	05/12/1995	Indian Penal Code, 1860-Section 306--Acquittal for offence under- Suicide by young bride-Case of maltreatment and instigating deceased to commit suicide-Not proved-Acquittal legally sustainable. The respondents were convicted by the Sessions Jud	Dismissing the appeal, this Court HELD 1.1 In this case, demand for dowry and the oppression made on account of such demand was not initially the case of the prosecution. No charge under Section 304 B IPC had been framed in this case and if th	Click here to see Subject, Head Notes, Citation and Judgement
144	RAVJI @ RAM CHANDRA Vs. STATE OF RAJASTHAN	Coram: RAY, G.N. (J)	05/12/1995	Indian Penal Code, 1860 : Sections 302 and 307. Death Penalty-Accused committing five murders including that of his pregnant wife and three minor children while the victims were sleeping-At- tempt to murder two persons-Commission of crime establ	Dismissing the Appeal, this Court HELD : 1. The commission of crimes by the appellant has been clearly established beyond reasonable doubt. The evidences adduced in this case are so clear that the courts below had no difficulty in holding that t	Click here to see Subject, Head Notes, Citation and Judgement
145	N.G. SREEDHARAN AND ANR. Vs. STATE OF KERALA	Coram: MUKHERJEE M.K. (J)	13/12/1995	Indian Penal Code 1860 : Ss. 302/34 & 149, 143, 147,148, 341-Murder-Acquittal of all accused as accused persons also sustained injuries-High Court reversing the acquittal of two of the accused-Convicting and sentencing them under s.302/34- Upho	Partly allowing the appeal, this Court HELD : 1. Both the appellants were found to have sustained injuries when examined by the Assistant Surgeon of District Hospital. While A1 sustained one penetrating wound 1 "x 1/2" on the right side of the c	Click here to see Subject, Head Notes, Citation and Judgement
146	SHRI BODHISATTWA GAUTAM Vs. MISS SUBHRA CHAKRABORTY	Coram: AHMAD SAGHIR S. (J)	15/12/1995	Constitution of India, 1950 : Article 32-Jurisdiction-Victim need not personally approach the Court-Can be exercised suo motu or on the basis of public interest litigation- Fundamental rights can be enforced even against private bodies and indi	Disposing of the petition, this Court HELD : 1.1. This Court, as the highest Court of the country, has a variety of jurisdiction. Under Article 32 of the Constitution, it has the jurisdiction to enforce the Fundamental Rights guaranteed by the	Click here to see Subject, Head Notes, Citation and Judgement
147	DHARMA Vs. NIRMAL SINGH & BITTU & ANR.	Coram: HANSARIA B.L. (J)	05/02/1996	Constitution of India, 1950: Articles 136 and 142. Acquittal-Appeal against-Power of Supreme Court-Not circumscribed by any limitation imposed by section 401(3) of the Code of Criminal procedure, 1973. Criminal Law : Indian Penal Code, 186	Allowing the appeal, this Court HELD : 1.1. Sex violence is on increase, and in a big way. It has to be remembered that a rapist not only violates the victim's personal integrity but degrades the very soul of the helpless female. [118-F] Stat	Click here to see Subject, Head Notes, Citation and Judgement
148	AJIT SINGH Vs. STATE OF HARYANA	Coram: RAY, G.N. (J)	08/02/1996	Indian Penal Code, 1860/TADA Act : Sections 392, 394, 397/5-Two accused convicted for offences under-Country- made Pistol not used in robbery, but presumably by way of self-defence- Conviction of appellant -Accused under Sections 397 and 394 uns		Click here to see Subject, Head Notes, Citation and Judgement
149	STATE OF RAJASTHAN Vs. M/S.KALYAN SUNDARAM CEMENT INDUSTRIES LTD. & ORS.	Coram: RAMASWAMY, K.	12/02/1996	Negotiable Instruments Act, 1881/Indian Penal Code, 1860 : Section 138/420-Bouncing of cheques-Suits filed for recovery- Criminal proceedings also initiated-High Court staying proceedings of the civil suits pending disposal of criminal cases.	Held: Pendency of criminal matters not an impediment to proceed with civil suits-Hence the principle adopted by the High Court not correct. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3644 of 1996.	Click here to see Subject, Head Notes, Citation and Judgement
150	ANSARAM RAMBHAU YOLVE & ORS. Vs. STATE OF MAHARASTRA	Coram: MUKHERJEE M.K. (J)	12/02/1996	Criminal Law : Indian Penal Code, 1860 : Sections 97 and 103. Right of private defence-Land in dispute-Deceased-Exclusive owner thereof- Appellants-Had no right, title, interest or possession therein-Attached the deceased without any provocat	Dismissing the appeal, this Court HELD : l.l.The deceased were the owners and in possession of the land under Nala and that the appellants had no right, title, interest or possession therein it must be held that the appellants were not entitled	Click here to see Subject, Head Notes, Citation and Judgement