181	C. CHENGA REDDY AND ORS. Vs. STATE OF ANDHRA PRADESH	Coram: G.N. RAY , DR. A.S. ANAND	12/07/1996	Indian Penal Code, I860 : Sections 120-B, 420/34 and 477-A. Prevention of Corruption Act, 7947 : Sections 5(2) and (l)(d). State of Andhra Pradesh-Government Engineers and Contractor-Prosecution for criminal conspiracy-Cheating and falsification	Allowing their appeals, this Court HELD : 1. The prosecution has not been able to establish beyond a reasonable doubt, its case against any of the departmental officials, that is, the Engineers and Section Officers and consequently their convict	Click here to see Subject, Head Notes, Citation and Judgement
182	DHANNA ETC. Vs. STATE OF MADHYA PRADESH	Coram: THOMAS K.T. (J)	25/07/1996	Indian Penal Code, 1860 : Section 302-Murder-Prosecution witness did not refer to any role played by one of the accused when he gave statement to the police during investigation-Accused cannot be convicted for murder on basis of improve- ment m	Disposing of the appeals, this Court HELD : 1. Though there was no unlawful assembly, but if the court enters upon a finding that any of the remaining persons who participated in the crime had shared common intention with the main perpetrators o	Click here to see Subject, Head Notes, Citation and Judgement
183	TULSI SINGH Vs. STATE OF PUNJAB	Coram: M.K.MUKHERJEE, S.P.KURDUKAR	07/08/1996	Indian Penal Code, 1860 : S.302-Murder-Trial by Special Court-Trial Court recording conviction on the basis of confession of accused and medical evidence- Code of Criminal Procedure, 1973 : S.164(2) and (4)-Confession-Conviction by trial Co	Held, confession not having been recorded in consonance with the requirements of s.164(2) Cr. P.C. Special Court was not justified in entertaining the confession as a voluntary one-Conviction and sentence recorded against accused set aside. Hel	Click here to see Subject, Head Notes, Citation and Judgement
184	GOLLA PULLANNA & ANR Vs. STATE OF ANDHRA PRADESH	Coram: NANAVATI G.T. (J)	13/08/1996	Indian Penal Code, 1860 : Sections 148 and 302 r/w 149-12 accused tried- Accused Nos. 2 died during trial Accused No. 5, 3, 5, 7 and 12 acquitted and Accused Nos. 1, 4 6 and 8 to 11 convicted by trial court-All 7 accused . challenged their convict	Dismissing the appeal, this Court HELD : 1. The fact that there was enmity between the two factions was not in dispute and both the courts belows have appreciated the evidence of eye- witnesses bearing that aspect in mind. The High Court has rig	Click here to see Subject, Head Notes, Citation and Judgement
185	PFIZER LTD. Vs. MAZDOOR CONGRESS & ORS.	Coram: KIRPAL B.N. (J)	16/08/1996	Labour Law : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 : Sections 26 and 28 and Items 1(a) to (f) of Schedule IV. Unfair labour practice-Termination of service-Allegation that employer acted	Allowing the appeal, this Court HELD : 1.1. There was no justification whatsoever for the High Court to have allowed respondents 2 and 3, while hearing a petition under Article 227 of the Constitution, to raise a new contention that there had be	Click here to see Subject, Head Notes, Citation and Judgement
186	ABDUL FAZAL SIDDIQUI Vs. FATEHCHAND HIRAWAT AND ANOTHER	Coram: ANAND, A.S. (J)	20/08/1996	Indian Penal Code, 1860 : Sections 24, 25, 415, 420/120 and 420/34. Cheating-Essential ingredients of-Advance loan against stock in trade of business-Representation that business in question was free from all encumbrances-Later it was found that	Held there was nothing on the record to show that the appellant- accused had any knowledge about the property being an encumbered property or about the appointment of the Joint Receivers by the High Court in respect of that property-No evidence to	Click here to see Subject, Head Notes, Citation and Judgement
187	TALLURRI VENKAIAH NAIDU, & ANR. Vs. PUBLIC PROSECUTOR, HIGH COURT OF A.P.	Coram: FAIZAN UDDIN (J)	21/08/1996	Indian Penal Code, 1860 : Sections 120-B/302 and 302/109. Code of Criminal Procedure, 1973 : Section 378. Explosive Substances Act, 1908 : Section 3. Murder-Conviction-Validity-Number of accused-Enemity between accused and deceased-Deceased talk		Click here to see Subject, Head Notes, Citation and Judgement
188	BADA PEER PARAS NATH AND ANR. Vs. STATE OF HARYANA	Coram: RAY, G.N. (J)	21/08/1996	Indian Penal Code, I860 : Sections 307 and 34/109. Terrorist and Disruptive (Prevention) Activities Act, 1987 : Sections 3(3) and 15. Criminal Trial-Accused persons-Confession made by accused-Retraction of confession-Appellants-accused not ch	Held the confessional statement recorded under Section 15 of the TADA is admissible against the co-accused or abettor or conspirator provided an accused is tried with other co-accused abettor or conspirator in the same trial in respect of offence	Click here to see Subject, Head Notes, Citation and Judgement
189	RAI SINGH Vs. STATE OF HARYANA	Coram: MUKHERJEE M.K. (J)	23/08/1996	Criminal Law : Penal Code, 1860 : Section 302. Murder-Caused by pistol-Incident took place inside house of deceased at an unearthly hour-Son and daughter of deceased were most natural and probable witnesses-Their evidence stood amply corrobor	Dismissing the appeal, this Court HELD : 1.1. Though the appellant pleaded not guilty to the charge of murder levelled against him, he admitted that he had developed illicit intimacy with the deceased and that about a fortnight prior to the inci	Click here to see Subject, Head Notes, Citation and Judgement
190	NAYUDU SRIHARI Vs. STATE OF ANDHRA PRADESH	Coram: M.K. MUKHERJEE , S.P. KURDUKAR	23/08/1996	CRIMINAL LAW: Indian Penal Code, I860-Section 302-Appellant alongwith 14 others accused of murder of a person belonging to rival faction-Appellant alleged to have attacked deceased on His neck repeatedly-FIR by PW 1 admittedly after consultatio	Allowing the Appeal, this Court HELD : 1. Ordinarily this Court, while exercising its jurisdiction Under Article 136 of the Constitution, does not disturb concurrent finding of fact or re-appreciate and reassess evidence, unless the finding of t	Click here to see Subject, Head Notes, Citation and Judgement
191	GENTELA VIJAYAVARDHAN RAO AND ANR. Vs. STATE OF ANDHRA PRADESH	Coram: DR. A.S. ANAND , K.T. THOMAS	28/08/1996	Criminal Law: Penal Code, I860 : Sections 302, 303, 341, 440 and 120-B. Death sentence-'Rarest of rare case'-Murder and robbery-Large number of Victims-Effect of-Accused set a bus on fire in order to rob the passengers in which 23 passengers	Dismissing the appeal, this Court HELD : 1.1.The three circumstances advanced by the appellant are too slender for treating them as mitigating circumstances. Even assuming that such circumstances have any mitigative overtone they have been total	Click here to see Subject, Head Notes, Citation and Judgement
192	KASMIRI LAL AND ORS. Vs. STATE OF PUNJAB	Coram: FAIZAN UDDIN , SUJATA V. MANOHAR	29/08/1996	Penal Code, I860: Sections 96, 97, 101, 302, 307, 326 and 452 r/w. S.149. Private defence-Right of-Accused attacked deceased-Accused also sustained injuries-Incident occurred in first floor of dwelling apartment of deceased-field : accused invit	Dismissing the appeal, this Court HELD : 1.1. Nothing is an offence which is done in exercise of right of private defence of person or property, for purpose of repelling an unlawful aggression within certain limits, Strictly speaking the right o	Click here to see Subject, Head Notes, Citation and Judgement
193	KRISHNAN AND ANR. Vs. STATE OF KERALA	Coram: G.N. RAY , B.L. HANSARIA	02/09/1996	Criminal Law : Penal Code, 1860-Sections 34 and 302/34. Common intention-Proof of-Held: establishment of an overt act not essential-Prosecution required to establish that all concerned persons shared the common intention-in the circumstances	Dismissing the appeal, this Court HELD: (per Ray, J) 1.1. In an open field on a cloudless starry night, there was no difficulty in identifying a known person from a close distance. That apart, it should be kept In mind that there was no difficul	Click here to see Subject, Head Notes, Citation and Judgement
194	KAMTA TIWARI Vs. STATE OF M.P.	Coram: M.K. MUKHERJEE , S.P. KURDUKAR	04/09/1996	Indian Penal Code, 1860 : Sections 302, 363, 376 and 201-Death Sentence- Rarest of rare case-Kidnapping Rape and murder of the minor girl-Conviction based on circumstantial evidence-Held, in the facts and circumstances death sentence awarded by Co	Dismissing the appeal, this court HELD : 1. The concurrent findings entered by the courts below are unexceptionable. Both the Trial Court and the High Court detailed and discussed at length the evidence of all the witnesses who were examined by	Click here to see Subject, Head Notes, Citation and Judgement
195	SHATRUGHNA PRASAD SINHA Vs. RAJBHAU SURAJMAL RATHI & ORS.	Coram: RAMASWAMY, K.	10/09/1996	Indian Penal Code, 1860 : Sections 295-A, 499, 500 r/w. 34-Defamation-Interview to a film magazine- Appellant making statements against a particular community-Alleged to be deliberate, malicious and outraging the religious feelings of that comm	On appeal held the allegations do not contain essential facts constituting offence under S.295A-The complaint filed before the Judicial Magistrate Pune does not contain allegations to constitute an offence of defamation punishable under S.500-Henc	Click here to see Subject, Head Notes, Citation and Judgement