256	STATE OF U.P. Vs. BHOORA & ORS.	Coram: G.T. NANAVATI, V.N. KHARE	23/10/1997	Indian Penal Code-Section 396 read with Section 34-Dacoity with murder- Identification of accused-Conviction by Trial Court-Acquittal by High Court on re-appreciation of evidence-Held, Prosecution witnesses were playing cards under light from a la	Allowing the appeal, the Court HELD : 1. The evidence of PW-1 and PW-2 deserves to be believed. The reason given by the High Court that because dacoits were wearing khaki uniform and were wearing hats casting shadow on their faces, they could no	Click here to see Subject, Head Notes, Citation and Judgement
257	NAZRUL MONDAL & ORS. Vs. THE STATE OF WEST BENGAL	Coram: G.T. NANAVATI, V.N. KHARE	23/10/1997	Indian Penal Code, 1860 : S. 302 read with S. 149 : Murder by members of unlawful assembly-All eye witnesses related to the deceased- Their evidence-Admissibility of-Held : Courts below were right in placing reliance on their evidence-Further, whe	Dismissing the appeal, the Court HELD : 1. There is no flaw in the appreciation of evidence of eye-witnesses by the courts below. The Trial Court believed the presence of PW-1 as his house was only 100 feet away from the place of incident It fou	Click here to see Subject, Head Notes, Citation and Judgement
258	SURENDRA NARAIN @ MUNNA PANDEY Vs. THE STATE OF U.P.	Coram: M.M. PUNCHHI, M. SRINIVASAN	07/11/1997	Indian Penal Code, 1860: Section 302-Murder-Testimony of eye witnesses-FIR mentioning name of the accused-Surrender by accused- Demand for identification parade-Rejected by Chief Metropolitan Magistrate-On appeal Sessions Court's directions for id	Dismissing the appeal, this Court HELD : 1.1. The failure to hold the test identification parade on demand by the accused inspite of an order passed by the Sessions Court is not fatal to the prosecution. It is only one of the relevant factors to	Click here to see Subject, Head Notes, Citation and Judgement
259	NAJJAM FARAGHI Vs. THE STATE OF WEST BENGAL	Coram: M.M. PUNCHHI, M. SRINIVASAN	18/11/1997	Indian Penal Code, 1860-Section 302-Murder-accused setting his wife on fire-Dying declarations recorded-Dying declarations accusing the husband- Mental condition of the deceased sufficiently good-Post mortem report holding the death as homicidal i	Dismissing the appeal, this Court HELD : 1.1. The death could not have been suicidal and it was nothing but homicidal. The Courts below were justified in convicting the appellant for an offence under Sec. 302 IPC and in sentencing him to impriso	Click here to see Subject, Head Notes, Citation and Judgement
260	AMMINI AND OTHERS Vs. STATE OF KERALA	Coram: G.T. NANAVATI, M. JAGANNADHA RAO	18/11/1997	Indian Penal Code, 1860-Sections 300 & 120 B (1)-Murder- Circumstantial evidence-Sufficient evidence to prove that accused persons entered into criminal conspiracy to Murder `M' and her children-Accused administered poison and caused death of `M'	Dismissing the appeal, this court HELD : 1. The circumstantial evidence regarding movements of accused persons at the relevant time near house of deceased, find of finger prints of one of the accused on one of the glasses seized from the house o	Click here to see Subject, Head Notes, Citation and Judgement
261	SURESH KUMAR BHIKAMOHAND JAIN Vs. PANDEY AJAY BHUSHAN & ORS.	Coram: G.N. RAY, G.B. PATTANAIK	27/11/1997	Code of Criminal Procedure, 1973-Section 197-Criminal complaint against Government servants-Sanction for prosecution from government- Want of-Plea of bar against cognizance-Raising of-Held, question of sanction can be considered at any stage of th	Dismissing the appeal, the Court HELD : 1.1. Considering the facts and circumstances of the case, it prima facie appears that the alleged acts on the part of the respondents were purported to be in the exercise of official duties. Therefore, a c	Click here to see Subject, Head Notes, Citation and Judgement
262	STATE OF MADHYA PRADESH Vs. UDAI SINGH	Coram: M.M. PUNCHHI, M. SRINIVASAN	01/12/1997	Indian Penal Code, 1860-Sections 302 and 307-Accused committing murder of three women in a string and attempting to kill the fourth-One of the victims shot dead while she was trying to go back after closing the door- Evidence by three witnesses pr	Allowing the appeal, the Court HELD : 1. The evidence on record is sufficient to prove beyond doubt the guilt of the respondent. He is not only guilty of murder of three women but also of attempt to kill PW6. Hence, the conviction of the respond	Click here to see Subject, Head Notes, Citation and Judgement
263	KASAM ABDULLA HAFIZ ETC. Vs. STATE OF MAHARASHTRA	Coram: G.N. RAY, G.B. PATTANAIK	04/12/1997	Indian Penal Code, 1860 : Section 304 and 324-.Accused hit the victim on abdomen by a brick and stabbed him in the stomach-Victim died after 10 days-Accused also stabbed hand of another who was discharged after first aid-Sessions Judge convicted	Dismissing both the appeals, this Court HELD : 1. Though normally this court does not scrutinize the evidence of witnesses where two courts have believed the witnesses and the prosecution story, in view of the contentions raised, this court has	Click here to see Subject, Head Notes, Citation and Judgement
264	NILGIRIS BAR ASSOCIATION Vs. TK MAHALINGAM AND ANOTHER	Coram: M.K. MUKHERJEE, K.T. THOMAS	08/12/1997	Probation of Offenders Act, 1958-Section 4(1)-Relief to be given only in appropriate cases and subject to the condition and restrictions provided thereunder-Impersonation by the respondent as an advocate-Cheating the seats of justice as well as th	Partly allowing the appeal, this Court HELD: 1. The crimes committed by the respondent should have been dealt with deterrently and the ameliorative reliefs envisaged under section 4 of the Probation of Offenders Act 1958 should have been kept at	Click here to see Subject, Head Notes, Citation and Judgement
265	MAHENDRA SINGH CHOTELAL BHARGAD Vs. STATE OF MAHARASHTRA & ORS.	Coram: M.K. MUKHERJEE, K.T. THOMAS	12/12/1997	Indian Penal Code, 1860. Section 163-Conviction under-Two police officers allegedly demand-ing illegal gratification for dropping criminal case and directing the gratifica-tion money to be paid to appellant-Money paid accordingly and subsequent	Allowing the appeal, the Court HELD : 1.1. High Court, after having disbelieved the prosecution case qua A1 and A2, could convict A3 and that too for an offence under Section 163 IPC. On a plain reading of Section 163 IPC, it is manifest that to	Click here to see Subject, Head Notes, Citation and Judgement
266	MINOO MEHTA Vs. SHAVAK D. MEHTA	Coram: S.B. MAJMUDAR, M. JAGANNADHA RA.	15/01/1998	Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992-Section 7, 3(2) & 4 and 9-A-Jurisdiction of-Complainant handed over the shares with the transfer forms to accused for arranging the sale thereof-Accused failed to p	Dismissing the appeal, this Court HELD : 1.1. It cannot be said that the offence referred to in section 3(2) must be offence committed by a notified person. As the preamble of the Act shows, the Act is to provide for the establishment of a Speci	Click here to see Subject, Head Notes, Citation and Judgement
267	VINAYAK SHIVAJIRAO POL Vs. THE STATE OF MAHARASHTRA	Coram: CHIEF JUSTICE OF INDIA, M. SRINIVASAN	22/01/1998	Indian Penal Code, 1860-Sec., 302-Murder of wife-Extra Judicial Confession- Highly decomposed headless body recovered from well-Post Mortem report- Death due to haemorrhage-Confession that murder was committed by strangulation-Head of deceased rec	Partly allowing the appeal, this Court HELD : 1.1. The High Court was justified in holding the appellant guilty of committing the murder of his wife. [319-F] 1.2. There is no ambiguity in the Extra Judicial Confession Statement. It shows th	Click here to see Subject, Head Notes, Citation and Judgement
268	SACHIDA NAND SINGH AND ANR. Vs. STATE OF BIHAR AND ANR.	Coram: K.T. THOMAS, M. SRINIVASAN	03/02/1998	Code of Criminal Procedure, 1973-Sections 195(I)(b) (ii) and 340(1)-Bar against prosecution in respect of offences of forgery under section 463 or punishable under sections 471, 475 or 476 of Indian Penal Code committed in respect of a document pr	Dismissing the appeal, this Court HELD : 1.1. The bar contained in Section 195 (l)(b)(ii) of the Code of criminal Procedure is not applicable to a case where forgery of the document was committed before the document was produced in a Court. [501	Click here to see Subject, Head Notes, Citation and Judgement
269	SHEIKH ABDUL HAMID AND ANOTHER Vs. STATE OF MADHYA PRADESH	Coram: G.T. NANAVATI, V.N. KHARE	04/02/1998	Indian Penal Code, 1860 : Sections 302/34-Murder of wife and children- Circumstantial evidence-Body exhumed from inner room of Dhaba-Not accessible to outsiders-Trial Court convicted the appellants and sentenced them to death-Conviction upheld by	Partly allowing the appeal, this Court HELD : 1.1. The circumstantial evidence is consistent with the guilt of the two accused as all the links of chain of circumstances are unbroken and complete. It were the appellants who committed the murder	Click here to see Subject, Head Notes, Citation and Judgement
270	PAWAN KUMAR & ORS. Vs. STATE OF HARYANA	Coram: CJI, A.P. MISRA	09/02/1998	Criminal Law: Penal Code, 1860 Section 304-B-Ingredients of-Dowry death-Presumption of- "Demand of dowry"- Proof of-Burden-Cruelty or harassment of wife-In connection with demand of dowry by husband soon before the death of his wife by suicide-H	Allowing the appeal, this Court HELD : 1.1. The ingredients necessary for the application of Section 304-B of the Indian Penal Code, 1860 are :- [753-F] (a) When the death of a woman is caused by any burns or bodily injury, or [753-F] (b)	Click here to see Subject, Head Notes, Citation and Judgement