271	PAMMI @ BRIJENDRA SINGH Vs. GOVERNMENT OF MADHYA PRADESH	Coram: K.T. THOMAS, M. SRINIVASAN	12/02/1998	Indian Penal Code, 1860: Sec. 97-Right of Private Defence-Appellant along with other accused went armed to settle accounts-Three deceased came to the place of occurrence and tried to pacify-Led to an altercation- Appellant and other accused shot a	Dismissing the appeal, this Court HELD: 1.1. It is one of the canons of the law of right of private defence that such a right would not enure to an aggressor. Any step resorted to thwart an act of aggression is regarded as defensive act and no r	Click here to see Subject, Head Notes, Citation and Judgement
272	STATE OF U.P. Vs. LAKHMI	Coram: CJI, K.T. THOMAS, M. SRINIVASAN	12/02/1998	Criminal Procedure Code, 1973-S. 313-Examination of Accused-Inculpatory admissions-Sub-section (4)-Words "may be taken into consideration in such enquiry or trail"-Scope of. Indian Penal Code, 1860-S.300-Accused adopting alternative defence duri	Allowing the appeal, this Court HELD : 1. The High Court has gone wrong in holding that the prosecution has failed to prove that the deceased was murdered by the accused. It has not given due regard to the cogent circumstances leading to the onl	Click here to see Subject, Head Notes, Citation and Judgement
273	STATE OF ANDHRA PRADESH Vs. VEDDULA VEERA REDDY & ORS.	Coram: M.K. MUKHERJEE, S.P. KURDUKAR, K.T. THOMAS	19/02/1998	Indian Penal Code, 1860 : Sections 149, 302, 304 Part I and 326- Murder- Accused entering into the room of deceased with deadly weapons at the dead hours of night-Assaulted the deceased causing his instant death-Evidence of eye witnesses-Corrobora	Allowing the appeals, this Court HELD : 1.1. The evidence of the eye witnesses suffers from no infirmity whatsoever and the trial court had committed no error in convicting A-l to A-5 under Section 302/149 IPC and also on other counts. The High	Click here to see Subject, Head Notes, Citation and Judgement
274	RAM KUMAR & ANR. Vs. STATE OF HARYANA	Coram: G.T. NANAVATI, V.N. KHARE	19/02/1998	Indian Penal Code, 1860-Ss 302, 307 and 324 read with Section 34- Murder- Digging of khal by accused brothers-Protest by deceased and PWs-Fire shots causing death-Conviction and sentence by Trial Court placing reliance on evidence of PW7 and PW8-E	Allowing the appeals, this Court HELD : 1.1. The prosecution has failed to establish beyond reasonable doubt that the appellants were guilty of the offences for which they were tried. Thus, the appellants were acquitted of all the changes levell	Click here to see Subject, Head Notes, Citation and Judgement
275	RAJAYYAN Vs. STATE OF KERALA & ANR.	Coram: M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI	03/03/1998	Indian Penal Code, 1860 : Sections 304-B (1) and 498-A-Dowry death-Suicide committed by the deceased wife-Evidence of deceased's parents showing that since the date of marriage appellant constantly demanding dowry-On the betrothal day land trans	Dismissing the appeal, this Court HELD : 1.1. It stands established from the evidence, both oral and documentary, that even before the date of marriage the appellant had been insisting upon dowry and on the betrothal day itself, certain land had	Click here to see Subject, Head Notes, Citation and Judgement
276	SHOBHIT CHAMAN & ANR. Vs. STATE OF BIHAR	Coram: G.T. NANAVATI, S.P. KURDUKAR	04/03/1998	Indian Penal Code, 1860-Section 302-Muder-Rarest of rare case-Conviction of appellants (A-2 and A-1) under Sections 302/149, 380 and 460 for committing dacoity and murder of all the six male members of a family including two minor childern of 8 ye	Dismissing the appeal, this Court HELD : 1. The challenge to the conviction based on non-compliance of Section 313 Cr PC first time in this appeal cannot be entertained unless the appellants demonstrate that prejudice has been caused to them. In	Click here to see Subject, Head Notes, Citation and Judgement
277	RONNY @ RONALD JAMES ALWARIS ETC. Vs. STATE OF MAHARASHTRA	Coram: M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI	05/03/1998	Criminal Procedure Code, 1973. Criminal Trial-Test Identification Parade (TIP)-Witness not participating in TIP-Identifying accused for the first time in Court- Identification challenged-Held, if a witness has known an accused earlier then absen	Partly allowing the appeal, the Court HELD : 1.1. The evidence of identification is a relevant piece of evidence under Section 9 of the Evidence Act where the evidence consists of identification of the accused person at his trial. The statement	Click here to see Subject, Head Notes, Citation and Judgement
278	GEORGE & ORS. Vs. STATE OF KERALA & ANR.	Coram: M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI	18/03/1998	Indian Penal Code, 1860-Sections 302, 449, 34-Trial Court's finding acquitting appellants-accused-Rejecting existence of the burning lamp and disbelieving PW 3, mother of the deceased having seen the appellants in that light-High Court reversing-H	Partly allowing the appeals, this Court HELD : 1. The High Court has rightly discarded the reasonings of the trial court for rejecting the evidence of PW 3, the mother of the deceased, the sole eye witness, that she had seen the appellants assau	Click here to see Subject, Head Notes, Citation and Judgement
279	P.V. NARASIMHA RAO Vs. STATE(CBI/SPE)	Coram: S.C.AGRAWAL, G.N.RAY, A.S.ANAND, S.P.BHARUCHA, S.RAJENDRA BABU	17/04/1998	Constitution of India, Article 105 (2)-Immunity of Member of Parliament from prosecution in respect of vote given in Parliament-Fourteen Members of Parliament (MPs) alleged to have received bribes from other MPs in order to defeat motion of no-con	Disposing of the appeals, this court. HELD : Per Majority (Bharucha, J. for himself and S. Rajendera Babu, J. with G.N. Ray, J. concurring): 1. Appellants were public servants, being either members of Parliament or a State legislature, when c	Click here to see Subject, Head Notes, Citation and Judgement
280	RAM BIHARI YADAV Vs. STATE OF BIHAR & ORS.	Coram: M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI	21/04/1998	Indian Penal Code, I860 : S.302-Death of victim due to burn injuries-Statement of Victim that her husband set her ablaze recorded by Judicial Magistrate II Class in the hospital-Trial Court convicting the accused and sentencing him to suffer li	Dismissing the appeal, this Court HELD : 1. The trial court as well as the High Court have rightly based the conviction of the accused on Ext. 2, the dying declaration. Having regard to all the facts and circumstances both the courts below have	Click here to see Subject, Head Notes, Citation and Judgement
281	GOVINDASAMI Vs. STATE OF TAMIL NADU	Coram: M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI	22/04/1998	Indian Penal Code, 1860 : S.302-Accused committing murder of his uncle and four other members of his family-Circumstantial evidence-Discarded by trail court-Accused acquitted- High Court reversed the-acquittal-Convicted the accused- Found the c	Dismissing the appeal, this Court HELD : 1.1. The circumstances relied on by the prosecution, each of which unerringly points towards the guilt of the appellant, taken cumulatively, are consistant only with the hypothesis of the guilt of the app	Click here to see Subject, Head Notes, Citation and Judgement
282	NIRMAL KANTI ROY, GANESH LAL MOONDRA & ORS. Vs. STATE OF WEST BENGAL, S. DASGUPTA AND ANOTHER	Coram: CJI, K.T. THOMAS, S. RAJENDRA BABU	23/04/1998	Code of Criminal Procedure, 1973 : S.167(5)(6) as amended by West Bengal Act 24 of 1988-Order of Magistrate stopping investigation and discharging accused-Held, is not intended to be automatic equal to failure to complete investigation within pr	Dismissing the appeals, this Court. HELD : 1.1. The High Court was right in holding that the Additional Chief Judicial Magistrate was competent to pass order under s.l67(5) of the Code of Criminal Procedure, 1973 in the case giving rise to Crl.	Click here to see Subject, Head Notes, Citation and Judgement
283	SMT. LAKHIYA DEVI, GIRJA YADAV & ORS. Vs. GIRJA YADAV & ORS., THE STATE OF BIHAR	Coram: G.T. NANAVATI, V.N. KHARE	14/07/1998	Indian Penal Code, 1860 : Ss. 326/149, 325/149 and 201-Accused armed with weapons seen by eyewitnesses chasing the victim-Entering the room where victim took shelter by breaking open its door-Dragging his dead body out of the room and then taki	Allowing the appeal of the informant and dismissing that of the accused, this Court. HELD : 1.1. The High Court was not right in discarding the evidence of the eye-witnesses regarding participation of the accused in the assault on the deceased	Click here to see Subject, Head Notes, Citation and Judgement
284	STATE OF A.P., EDLA BHOOM REDDY Vs. THAKKIDIRAM REDDY & ORS., STATE OF ANDHRA PRADESH	Coram: M.K. MUKHERJEE, D.P. WADHWA	11/08/1998	Indian penal code, 1860-Sections 148 and 149-Common object- Determination of-Not essential to establish individual's overt act. Code of Criminal Procedure, 1973-Sections 464 and 465-Misjoinder of Charges-Effect of-Failure of justice-Meaning of.	Allowing the appeal of the State and dismissing that of the accused, this Court HELD : 1. It cannot be gainsaid that since the incident took place in the house of the deceased at the dead of night, P.Ws. 1, 2 and 3 who were members of his house	Click here to see Subject, Head Notes, Citation and Judgement
285	PANCHHI AND OTHERS, NATIONAL COMMISSION FOR WOMEN Vs. STATE OF UP AND OTHERS	Coram: K.T. THOMAS, SYED SHAH MOHAMMED QUADRI	19/08/1998	Criminal Law: Indian Penal Code, 1860-Section 302/34-Accused including two ladies- Murdering family of four including child of 5 years-Award of Death Sentence by Sessions Court-Confirmed by High Court-Evidence of attacks and counter attacks bet	Disposing of the appeals, the Court HELD: 1. P.Ws. 3 and 5 were admittedly neighbours. The fact that they did not see all what happened inside the house of the deceased is no reason to take their evidence lightly because when they saw all the ap	Click here to see Subject, Head Notes, Citation and Judgement
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