226	STATE OF RAJASTHAN Vs. BHUP RAM	Coram: A.S. ANAND, K.T THOMAS	13/01/1997	Criminal Law: Criminal Procedure Code, 1973: Section 164. Dying declaration-Recording of-Mode of-Deceased answered ques-tions in Bagri language while Magistrate recorded it in Hindi-Answers recorded in narrative form and not in questions and	Allowing the appeal, this Court HELD 1.1. Assuming that the deceased gave her statement in her own language, the dying declaration would not vitiate merely because it was recorded in a different language. It is not unusual that courts record ev	Click here to see Subject, Head Notes, Citation and Judgement
227	KRISHNAN & ANR. Vs. KRISHNAVENI & ANR.	Coram: K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK	24/01/1997	Criminal Procedure Code, 1973-Sections 397(3), 401, 482 and 483-Second revision before High Court-Held: Is barred after the dismissal of the first one by the Court of Sessions-But in exercise of the inherent power under section 482, Suo motu power	Dismissing the appeal, this Court HELD : 1.1. Though second revision before the High Court under sub section (1) of Section 397 is prohibited by sub section (3) thereof, inherent power of the High Court is still available under Section 482 of th	Click here to see Subject, Head Notes, Citation and Judgement
228	SUNIL KUMAR & ORS. Vs. STATE OF MADHYA PRADESH.	Coram: M.K. MUKHERJEE, B.N. KIRPAL	28/01/1997	Indian Penal Code, 1860-Sections 147, 302/149, 307/149-Murder and attempt to murder-Nobody except injured victim present at the Time of inci-dent- Victim disclosed names of assailants to the informant in presence of another witness-Information rep	Dismissing the appeal this Court HELD : 1. The finding of the trial court that the evidence of PW 1 is wholly unreliable is patently perverse. Except the two victims there was nobody present at the time the assaults actually took place. P.W. 1 w	Click here to see Subject, Head Notes, Citation and Judgement
229	HIKMAT ALI KHAN Vs. ISHWAR PRASAD ARYA & ORS.	Coram: S.C. AGRAWAL, SUJATA V. MANOHAR	28/01/1997	Advocates Act, 1961: Sections 35(3) (b), (c) & (d) and 24-A-Punish-ment- Adequacy of-Test-determination of-Advocate convicted under S.307 IPC for assaulting his opponent in courtroom with a knife-State Bar Council suspended said Advocate from prac	Allowing the appeal this Court HELD : 1. In view of the provisions of Sections 35(3)(b), (c) & (d) and 24- A of the Advocates Act, 1961 the conduct involving conviction of an offence involving moral turpitude which would disqualify a person from	Click here to see Subject, Head Notes, Citation and Judgement
230	STATE OF U.P. Vs. DAN SINGH AND ORS.	Coram: M.K. MUKHERJEE, B.N. KIRPAL	03/02/1997	Criminal Law: Penal Code, 1860: Sections 302, 303, 307, 436 r/w Sections 149 and 141 Explanation-Unlawful assembly-Common object-Inference of-Mar-riage party of Scheduled Caste attacked by a large number of persons armed with sticks and stones	Disposing of the appeal, this Court HELD: 1.1. What has happened in the present case is precisely what has been envisaged in the explanation to Section 141 of the Indian Penal Code, 1860. When the deceased was injured all hell broke loose. A cry	Click here to see Subject, Head Notes, Citation and Judgement
231	VIJENDER Vs. STATE OF DELHI	Coram: M.K. MUKHERJEE , B.N. KIRPAL	12/02/1997	Criminal Law : Evidence Act, 1872 : Sections 6, 60 and 157. Hearsay evidence-Offence of kidnapping--Father of victim deposed that witness gave him the vehicle number in which his son was kidnapped and names of accused as kidnappers-However, s	Allowing the appeal, this Court HELD : 1. The evidence of PW-5, the father of the victim, that PW-4 gave him the vehicle number and the names of the three appel-lants as the miscreants was not legally admissible for PW-4 did not state that he ha	Click here to see Subject, Head Notes, Citation and Judgement
232	PANDAPPA HANUMAPPA HANAMAR & ANR. Vs. STATE OF KARNATAKA	Coram: M.K. MUKHERJEE, S.P. KURDUKAR	28/02/1997	Indian Penal Code, 1860/Criminal Procedure Code, 1973-Sections 302 and 34- Sections 378, 386-Appellant charged with having caused death of the deceased with common intention-Trial Court acquitted disbelieving evidence on record-Reversal of acquitt	Dismissing the appeal, this Court HELD : 1. The evidence on record conclusively proves that the findings recorded by the trial Court in favour of the appellants are patently perverse and the High Court was fully justified in reversing the same.	Click here to see Subject, Head Notes, Citation and Judgement
233	STATE OF HARYANA Vs. GHASEETA RAM	Coram: A.S. ANAND, K. VENKATASWAMI	28/02/1997	Prisons Act, 1894/Punjab Jail Manual-Sections 52, 45, 46-Paras 608, 610, 627 and 633-A-Bar on Punishment for the same offence twice-Whether Jail Superintendent competent to impose punishment of cancellation of remission when the prisoner sent for	Dismissing the appeal, this Court HELD : 1.1. From an analysis of the provisions of the Prisons Act, 1894 and Punjab Jail Manual, it follows that where the offence, which is both a prison offence and an offence under Indian Penal Code, or is oth	Click here to see Subject, Head Notes, Citation and Judgement
234	STATE OF MAHARASHTRA Vs. PRIYA SHARAN MAHARAJ & ORS.	Coram: G.N. RAY, G.T. NANAVATI	11/03/1997	Criminal Law : Criminal Procedure Code, 1973 : Sections 227, 228 and 219. Accused-Discharge of or framing of charges against-Tests to determine-Held : Court had to sift evidence on record only for the limited purpose of finding out whether a	Allowing the appeal, this Court HELD: 1.1. At the stage of Sections 227 and 228 of the Criminal Procedure Code, 1973 the Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefro	Click here to see Subject, Head Notes, Citation and Judgement
235	RAJESH KUMARSTATE OF HARYANA Vs. DHARAMVIR & ORS.	Coram: M.K. MUKHERJEE, B.N. KIRPAL	12/03/1997	Criminal Procedure Code, 1973-Section 378-Appeal against acquit-tal-Scope- Powers of High Court to interfere-Substantial errors of law and fact-- Interference justified. Indian Penal Code, 1860-Section 96,100,105-Private Defence-Right of-Scope-	Allowed the appeals, this Court HELD : 1.1. Ordinarily this Court does not interfere with an acquit-tal recorded by the High Court but if it is found that the order of acquittal suffers from substantial errors of law and fact, it becomes the dut	Click here to see Subject, Head Notes, Citation and Judgement
236	STATE OF GUJARAT CHANDUBHAI MALUBHAI PARMAR & ORS. Vs. CHANDUBHAI MALUBHAI PARMAR & ORS. STATE OF GUJARAT	Coram: M.K. MUKHERJEE, S.P. KURDUKAR	04/04/1997	Criminal Law : Penal Code, 1860: Sections 302/149/134/147/148, 325/149, 323/149 and 436 /149. Group rivalry-Riotous mob of 100/150 persons attacked members of a community and caused death of 4 persons and injuries to 13 eyewit-ness-Some memb	Allowing the appeal, this Court HELD: 1.1. It cannot be ignored that the occurrence in question took place during daytime and in fact the appellants were chasing the deceased and other injured persons right from the bus stand till they reached t	Click here to see Subject, Head Notes, Citation and Judgement
237	DAULAT RAM Vs. STATE OF PUNJAB	Coram: MADAN MOHAN PUNCHHI, K.S. PARIPOORNAN	29/04/1997	Criminal Trial : Non-appreciation/ignorance of vital defence witnesses by the Trial Court as well as by the High Court-Appreciation of defence evidence by the Supreme Court called for if ignored by the Courts below. No neighbour coming forwar	Allowing the Appeal, this Court HELD : 1. If holes can be picked in the defence that doesn't lead to the prosecution story being automatically proved. The prosecution has to stand on its own legs and can derive no advantage from the weakness of	Click here to see Subject, Head Notes, Citation and Judgement
238	BALO YADAV AND OTHERS Vs. STATE OF BIHAR	Coram: G.N. RAY, K.T. THOMAS	29/04/1997	Indian Penal Code, 1860 : Section 302 read with Sections 148 & 149 : Rioting and murder--Conviction by trial court-Uncorroborated evidence of eye-witness not acted upon by High Court-Acquittal of some of the accused by High Court-Appeal by convict	Dismissing the appeal, the Court HELD : 1. The evidence of PVV 8, (son of the victim) in regard to the appellants could not be stigmatised. Though the High Court was not in- clined to base a conviction on his evidence without corroboration from	Click here to see Subject, Head Notes, Citation and Judgement
239	KRISHAN, Vs. STATE OF HARYANA	Coram: M.K. MUKHERJEE, K. VENKATASWAMI	01/05/1997	Indian Penal Code, 1866 : Ss.302-Murder-Accused while undergoing life imprisonment imposed upon him in an earlier murder case, committed murder of his brother-in-law, an under-trial-Trial court convicted the accused and sentenced him to death-	Held, felonious propensity of an offender is a factor which requires consideration while dealing with the question of imposition of sentence of death but that cannot be the sole basis for such sentence as all other factors relating to the commissi	Click here to see Subject, Head Notes, Citation and Judgement
240	TANVIBEN PANKAJKUMAR DIVETIA Vs. STATE OF GUJARAT	Coram: G.N. RAY, G.T. NANAVATI	06/05/1997	Criminal Trial : Medical Jurisprudence-Injuries-Self-inflicted or caused by a friendly hand- Accused sustained multiple injuries on her hand and one of such injuries was bone deep-Accused also suffered eye injuries caused by a blunt object- Doc	Allowing the appeal, this Court HELD: 1.1. A plain reading of Section 392 of the Code of Criminal Procedure, 1973 clearly indicates that it is for the third Judge to decide on what points he shall hear arguments, if any, and it necessarily post	Click here to see Subject, Head Notes, Citation and Judgement