166	SMT. CHHANNO & ORS. Vs. STATE OF HARYANA	Coram: G.B. PATTANAIK (J)	24/04/1996	Indian Penal Code, 1860-Section 302-Murder-Eye witness, father of deceased--Reliable-Motive-Recovery of weapon of offence-Medical evidence corroborating ocular account-Conviction-Sustainable. Appellant J stood charged u/S 302 IPC and two other a	Disposing of the matter, this Court HELD : 1.1. In the F.I.R. lodged by PW 4, there had been no mention of accused M and C though it was stated that PWs 2 and 3 came to the spot of occurrence immediately and saw accused J running under the elect	Click here to see Subject, Head Notes, Citation and Judgement
167	STATE THROUGH ANTI-CORRUPTIONBUREAU, GOVERNMENT OF MAHARASH Vs. KRISHANCHAND KHUSHALCHAND JAGTIANI	Coram: JEEVAN REDDY, B.P. (J)	25/04/1996	Prevention of Corruption Act, 1947: Section 6(1) (c) read with Section 83(1) of Bombay Municipal Corporation Act-Prosecution of Municipal officer for corruption--Previous sanction of competent authority granted by Municipal Commissioner without pr	Allowing the appeal, the Court HELD : 1. The Provision in section 6(1)(c) of the Prevention of Corruption Act, 1947 should be construed liberally and not in a mechanical or pedantic manner. The check upon dismissal need not be extended to accord	Click here to see Subject, Head Notes, Citation and Judgement
168	HARIJAN DHANA BADHA & ORS. Vs. STATE OF GUJARAT	Coram: MUKHERJEE M.K. (J)	26/04/1996	Criminal Law : Indian Penal Code 1860-Sections 148, 149 & 302-Rioting with deadly weapons- Common object-Two eye witnesses-All accused armed with deadly weapons- Attack resulting in the death of one person-Held, there was a common intention to	Dismissing both the Appeals, this Court HELD : 1 The Judgment of the Trial Court is the outcome of its failure to distinguish between common object and common intention and of giving undue importance to ignorable contradictions. Instead of decid	Click here to see Subject, Head Notes, Citation and Judgement
169	"COMMON CAUSE" A REGISTEREDSOCIETY THROUGH ITS DIRECTOR Vs. UNION OF INDIA AND ORS.	Coram: JEEVAN REDDY, B.P. (J)	01/05/1996	Constitution of India, 1950 : Article 32-Public Interest Litigation- Criminal cases-Unduly long pendency of-Under-trial prisoners-Release, discharge or acquittal of-Directions issued with regard to particular cases. Article 21-Undertrial prison	Disposing of the petition, this Court. HELD : The matter deserves serious consideration by the Supreme Court and the High Courts in the country. The very pendency of criminal cases for long periods, by itself operates as an engine of oppression.	Click here to see Subject, Head Notes, Citation and Judgement
170	MAHABIR CHOUDHARY ETC. Vs. STATE OF BIHAR	Coram: MADAN MOHAN PUNCHHI, CJ , K.T. THOMAS	01/05/1996	Indian Penal Code, 1860-Sections 97,. 103-Private, Defence-Right of- Scoper-,Mischief-People of another village cut open, a bund, blocking water flowing further north-Attempt of appellants to restore bund-Resisted- Appellants gunning-dawn Mischie	Allowing the appeal, this Court HELD : Section 97 Indian Penal Code recognised right of a person only to defend his own or another's body but to defend his own or another's property even against an attempt to inflict any offensive act as against	Click here to see Subject, Head Notes, Citation and Judgement
171	THE STATE OF MADHYA PRADESH Vs. MOHAN LAL & ORS.	Coram: G.B. PATTANAIK (J)	07/05/1996	Evidence Act, 1872 : Section 32. Dying declaration - Made by deceased in a fit state of mind - Omission to mention that deceased was dragged and assaulted outside his hut - Held: such omission not fatal to prosecution case - Dying declaration co	Allowing the appeal, this Court HELD: 1.1. A dying declaration can form the sole basis of conviction, though courts look for corroboration from different circumstances since the same cannot be tested by cross-examination. Such declaration being	Click here to see Subject, Head Notes, Citation and Judgement
172	PAWAN KUMAR Vs. STATE OF HARYANA AND ANR.	Coram: PUNCHHI, M.M.	07/05/1996	Service Law : Termination of service-Ground for-Summary trial of employee for offence under S. 294 IPC-Employee pleaded guilty-Sentenced to fine of Rs. 20-Copy of summary register neither disclosed substance of allegations nor the words in whi	Allowing the appeal, this Court HELD : 1.1. "Moral turpitude" is an expression, which is used in legal as also societal parlance to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. The State G	Click here to see Subject, Head Notes, Citation and Judgement
173	MAMAD HASSAM BHAGAD AND OTHERS Vs. STATE OF GUJARAT AND OTHERS	Coram: VENKATASWAMI K. (J)	09/05/1996	Terrorist and Disruptive Activities Prevention Act-Sections 3, 4, 5, 7A Indian Penal Code-Sections 121, 121A, 122, 34-Arms Act-25(1)(A)(D), 25(I) (A)(2), 25(I)AA, 25(A)(B), 25(A)(F)-Wireless Telegraph Act-Sec.20-Bombay Police Act-Section 135(1)-At	Disposing of the Appeal the Court HELD : 1. From the material on record the Court is satisfied that the Investigating Officer prima facie and reason to believe that there is basis for invoking Section 7A of TADA. [618-G] 2. The conclusions r	Click here to see Subject, Head Notes, Citation and Judgement
174	NAMAD HASSAN BHAGAD AND ORS. Vs. STATE OF GUJARAT AND ORS.	Coram: A.S. ANAND , K. VENKATASWAMI	09/05/1996	Terrorist and Disruptive Activities Prevention Act-Sections 3, 4, 5, 7A Indian Penal Code-Sections 121, 121A, 122, 34-Arms Act-25(1) (A)(D). 25(1) (A) (2), 25(I)AA, 25(A)(B), 25(A)(F)~-Wireless Telegraph Act-Sec.20-Bombay Police Act-Section 135(1)	Disposing of the Appeal the Court HELD : 1. From the material on record the Court is satisfied that the Investigating Officer prime facie and reason to believe that there is basis for invoking Section 7A of TADA. [618-G] 2. The conclusions re	Click here to see Subject, Head Notes, Citation and Judgement
175	PUNJAB & HARYANA HIGH COURT BARASSOCIATION Vs. THE STATE OF PUNJAB & ORS.	Coram: KULDIP SINGH (J)	10/05/1996	Indian Penal Code, 1860 : Ss.364, 302, 201-Abduction and murder of an advocate, his wife and a child- Petition before High Court seeking direction for independent inquiry-High Court declining to interfere-Appeal-Directions by this Court to CBI t	Held, as regards prosecution of the Police Officers, matter to be argued before trial court-It would be in the interest of justice to suspend the police officers during the course of the trial-The person falsely implicated would be released forthw	Click here to see Subject, Head Notes, Citation and Judgement
176	NARINDRA KUMAR JAIN Vs. THE STATE OF MADHYA PRADESH	Coram: RAMASWAMY, K.	10/05/1996	Indian Penal Code, 1860 : S.409-Accused posted as Manager of rice mills-1500 quintals of paddy found short in the stock-Accused prosecuted under ss.409 and 420-Acquittal by trial Court-High Court recording conviction u/s. 409 and imposing senten	Held the evidence clearly established that accused has failed to account for 1500 quintals of paddy entrusted to him-Conviction u/s.409 is well jus-tified-Though sentence imposed by High Court was inadequate, but at this distance of time it will	Click here to see Subject, Head Notes, Citation and Judgement
177	CENTRAL BUREAU OF INVESTIGATION, SPE,SIU (X), NEW DELHI Vs. DUNCANS AGRO INDUSTRIES LTD.,CALCUTTA	Coram: RAY, G.N. (J)	09/07/1996	Criminal Procedure Code, 1973-Section 482-Quashing criminal com-plaint- Guiding principles-Held, action to be taken at the threshold before evidence led in support of the complaint-It is necessary to consider whether on the face of allegations, a	Dismissing the appeals, this Court HELD 1.1. For the purpose of quashing the complaint, it is necessary to consider whether the allegations in the complaint prima facie make out an offence or not. It is not necessary to scrutinise the allegation	Click here to see Subject, Head Notes, Citation and Judgement
178	HARISH KUMAR & ANR. Vs. STATE OF M.P.	Coram: PUNCHHI, M.M.	09/07/1996	Criminal Law : Penal Code, 1860 : Section 97. Private defence of person-Right of-Accused and their father suffered pellet injuries-Accused becoming apprehensive of danger to himself and his family members fired one shot on deceased-Accused took	Allowing the appeal, this Court HELD : 1. The High Court has viewed that the factum of C sitting down and escaping rifle shot injury at the hands of H to be an exaggeration. Yet the High Court convicted H for an offence under Section 307/34 IPC.	Click here to see Subject, Head Notes, Citation and Judgement
179	BHAIYA BAHADUR SINGH Vs. STATE OF MADHYA PRADESH	Coram: PUNCHHI, M.M.	09/07/1996	Indian Penal Code, 1860-Sections 96 and 97-Right of self defence-Extent of- Onus of proof-Whether on the accused-Degree of proof-Whether beyond reasonable doubt. The case of the prosecution was that the appellant trampled over a portion of the	All the courts below rejected the plea of self-defence and convicted the appellant. This Court, rejecting the appeal HELD 1.1. When an accused person sets up a plea of self-defence, the onus to establish that plea lies on him. It is well establi	Click here to see Subject, Head Notes, Citation and Judgement
180	S.GOPAL REDDY Vs. STATE OF ANDHRA PRADESH	Coram: ANAND, A.S. (J)	11/07/1996	Criminal Law : Dowry Prohibition Act, 1961 : Sections 2 and 4-Scope of-Held: Covers the demand of dowry as a consideration for a proposed marriage-"Marriage" includes proposed marriage which has still to take place-The peculiar definition of	Allowing the appeal, this Court HELD : 1.1. Any "demand" of "dowry" made before, at or after the marriage, where such demand is made as a consideration for marriage would attract the provisions of Section 4 of the Dowry Prohibition Act, 1961. [4	Click here to see Subject, Head Notes, Citation and Judgement