151	STATE OF KARNATAKA Vs. MOIN PATAL AND OTHERS	Coram: M.K. MUKHERJE , B.N. KIRPAL	22/02/1996	Indian Penal Code, 1860-Section 302/34/324-Murder-Conviction by Trial Court-Acquittal on re-evaluation and re-appreciation of the evidence by High Court-On appeal held: High Court order suffering from glaring and severe errors, based on conjecture	Allowing the appeal, this Court HELD : 1.1. The judgment of the High Court, acquitting the accused from charge of committing murder was not reasonable but was laboured one. Material evidence had been ignored, unimpeachable evidence had been rej	Click here to see Subject, Head Notes, Citation and Judgement
152	RAVINDRA TRIMBAK CHOUTHMAL Vs. STATE OF MAHARASHTRA	Coram: HANSARIA B.L. (J)	23/02/1996	Indian Penal Code, 1860: Section 302-Dowry murder most foul- Whether "rarest of the rare" type-Extreme penalty of death-Whether merited. Indian Penal Code, 1860: Sections 201/34: Dowry murder-Attrocious act of severing head of deceased and cutti	Allowing the appeal partly, the Court HELD : 1. The murder of the deceased was undoubtedly most foul. 'The motive was to get another girl for the appellant who could get dowry to satisfy the greed of the father. The dowry deaths are blood boil	Click here to see Subject, Head Notes, Citation and Judgement
153	STATE OF RAJASTHAN Vs. KISHORE	Coram: RAMASWAMY, K.	27/02/1996	Evidence Act 1872-Section 32. Dying declaration-Sole basis for-Conviction-Corroboration by the FIR and statement recorded under Section 161 Cr.P. C-Evidentiary value-Held, dying declaration contains all grains of truth as they are spontaneously	Hence this appeal by the State. Allowing the appeal, this Court HELD : 1. The statement of the deceased is clear, coherent and specific. There is no inkling of any vacillation or doubt when the deceased had given answers to the questions put by	Click here to see Subject, Head Notes, Citation and Judgement
154	UMASHANKAR PANDA Vs. STATE OF MADHYA PRADESH	Coram: VENKATASWAMI K. (J)	28/02/1996	Criminal Law: Indian Penal Code, 1860 : Sections 302 and 307. Murder of wife and two children-Attempt to murder other three children- Provocation-Absence of-Commission of crime-Premediated one-Not due to sudden provocation or mental derangeme	Dismissing the appeal, this Court HELD : 1.1. The appellant-accused had caused in all 64 sword injuries to all the six persons including the three deceased persons viz., his wife and two children and those injuries speak for themselves about the	Click here to see Subject, Head Notes, Citation and Judgement
155	JAGDISH NARAIN & ANR. Vs. STATE OF U.P.	Coram: MUKHERJEE M.K. (J)	12/03/1996	Indian Penal Code, 1860: Ss. 148, 302/34, 302/149-five persons accused of murder-Acquittal by trial court-Appeal-Two accused died pending appeal-High Court ac-quitting one of the accused and convicting remaining two under ss.148 and 302/149-Held	Aggrieved, the appellants filed the appeal. Dismissing the appeal, this Court HELD : 1. The High Court was right in holding that the prosecution succeeded in proving that owing to the two shots fired by the appellants, the victim met with his	Click here to see Subject, Head Notes, Citation and Judgement
156	SMT. GIAN KAUR Vs. THE STATE OF PUNJAB	Coram: VERMA, JAGDISH SARAN (J), RAY, G.N. (J), SINGH N.P. (J), FAIZAN UDDIN (J), NANAVATI G.T. (J)	21/03/1996	Constitution of India, 1950 : Article 21-Interpretation of-Right to life-Scope of-Held does not include right to die-Any aspect which makes life dignified is included in right to life but not that which extinguishes it-Negative aspects included	Disposing of the appeals this Court HELD : 1. Section 309 of the Indian Penal Code, 1860 is not violative of Article 21 of the Constitution. [720-B-C] 2. Article 21 is a provision guaranteeing protection of life and personal liberty and by no	Click here to see Subject, Head Notes, Citation and Judgement
157	PREETAM Vs. STATE OF MADHYA PRADESH	Coram: MUKHERJEE M.K. (J)	26/03/1996	Indian Penal Code, 1860 : Ss.302 and 404-Trial of two accused for offences-Acquittal by trial court- High Court concurring with the trial court in disbelieving the eye witnesses but convicting one of the accused relying upon the confession and	Held, confession having been recorded by the Magistrate in utter disregard of provision of s. 164(2) Cr. P.C. High Court was not justified in relying upon it-Consequently the recoveries made pursuant to the statement of the accused cannot be m	Click here to see Subject, Head Notes, Citation and Judgement
158	STATE OF U.P Vs. SMT. NOORIE @ NOOR JAHAN & ORS.	Coram: G.B. PATTANAIK (J)	26/03/1996	Indian Penal Code, 1860 : Sections 147, 148, 302/149 and 201/511. Conviction tinder-Validity of. Evidence-Criminal Trial-Eye witnesses-Assessment and evaluation of evidence-Principles for-Duty of Court to avoid conjecture and fanciful spec	Allowing the appeal in part, this Court HELD: 1. The order of acquittal passed by the High Court so far as respondent N is concerned is confirmed. There is not an iota of material on record to indicate any prior meeting of N with the other a	Click here to see Subject, Head Notes, Citation and Judgement
159	STATE OF U.P. Vs. AMEER ALI	Coram: RAMASWAMY, K.	03/04/1996	Indian Penal Code, 1860 : S. 302-Dying declaration as a basis for conviction-Accused causing death of his wife by selling her on fire-Dying declarations made to Magistrate and Investigating Officer-Trial Court recording conviction accepting stat	Held: Dying declarations were sufficient to base conviction independent of evidence of witnesses turned hostile-Medical evidence corroborates dying declarations-High Court erred in doubting dying declaration recorded by Magistrate-Accused convicte	Click here to see Subject, Head Notes, Citation and Judgement
160	RAKESH SINGHA Vs. STATE OF HIMACHAL PRADESH	Coram: VENKATASWAMI K. (J)	09/04/1996	Indian Penal Code, I860 : Sections 148, 149, 325, 427, 452, 302 and 304 part-II. Unlawful assembly-Accused armed with deadly weapons-Indis-criminate attack on persons who had gathered in connection with marriage party-Injuries inflicted on vari	Dismissing the appeals, this Court HELD : 1. The concurrent findings of the courts below are well-considered, well supported and well-founded. There is no scope for interference either with the conviction or with the enhancement of sentence awar	Click here to see Subject, Head Notes, Citation and Judgement
161	HARDIAL SINGH AND OTHERS Vs. STATE OF PUNJAB	Coram: MR. MUKHERJEE , G.B. PATTANAIK	09/04/1996	Indian Penal Code, 1860-Sections 302, 326/149, 248, 326-Prosecution of 5 accused for offences under-Acquittal of two accused-Conviction of three accused by applying Sec. 149 IPC-Whether sustainable-.Held, No-Individual overt acts of appellants to	Allowing the appeals in part, this Court HELD : 1.1. The death of deceased was on account of the gun shot injury on his chest which in turn had been caused on account of firing from the gun of appellant H. So far as the two other appellants were	Click here to see Subject, Head Notes, Citation and Judgement
162	DELHI ADMINISTRATION Vs. TRIBHUVAN NATH & ORS.	Coram: HANSARIA B.L. (J)	11/04/1996	Indian Penal Code, 1860 : Ss. 302/149, 147, 148-Delhi Riots of 1984-Three accused identified as part of mob which had killed two person-Trial Court convicting the accused-High Court setting aside conviction for contradictions in evidence of eye	Held: High Court not justified in recording acquittal-When the mob murdered several persons and thrown the bodies in adjoining nullah, it would be too much to expect production of corpus delicti-What a witness had said during investigation cannot	Click here to see Subject, Head Notes, Citation and Judgement
163	STATE OF MAHARASHTRA ETC. ETC. Vs. SOM NATH THAPA, ETC. ETC.	Coram: HANSARIA B.L. (J)	12/04/1996	Indian Penal Code 1860, S. 120 A-Criminal conspiracy-Bombay blasts in which arms and ammunition and RDX explosives used-Charge of conspiracy against number of accused-Whether prosecution was required to show that each accused had to have knowledge	Allowing the appeals of AAA and AAM and dismissing the remaining appeals, this Court HELD : 1.1. To establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means was necessary. In some case	Click here to see Subject, Head Notes, Citation and Judgement
164	BETAL SINGH Vs. STATE OF M.P.	Coram: THOMAS K.T. (J)	15/04/1996	Criminal Law : Evidence Act, 1872 ; Section 32. Bride burning-Dying declaration-Recorded by Police Officer-Held : could be acted upon if same was true, coherent and consistent and free from any effort to prompt deceased to make such statement	Dismissing the appeal, this court HELD : 1. Dying declaration under Section 32 of the Evidence Act, 1872 should be scrutinised very carefully and if the Court is satisfied after such scrutiny that the dying declaration was true and was free from	Click here to see Subject, Head Notes, Citation and Judgement
165	SMT. RAJESHWARI DEVI Vs. THE STATE OF U.P.	Coram: MANOHAR SUJATA V. (J)	19/04/1996	Indian Penal Code, 1860-Section 302-Death by gun shot injury in husband's house-Circumstantial evidence-Husband convicted u/s. 302 IPC-Father-in-law convicted u/s 201 I PC-Acquittal of mother- in-law. Indian Evidence Act, 1872-Section 113 B-Indi	Allowing the appeals partly this Court HELD : 1.1. The deceased died of a gun shot injury in the house of her husband. The husband had been seen by P.W. 2, the brother of the deceased with a gun in his hand going to the field and making a statem	Click here to see Subject, Head Notes, Citation and Judgement