31MULAKH RAJ ETC. Vs. SATISH KUMAR AND OTHERSCoram: RAMASWAMY, K.10/04/1992Criminal Law : Indian Penal Code, 1860: Sections 302 and 201-Death of wife-Strangulation and destruction of dead body by burning to destroy evidence-Sessions Court convicting husband on the basis of post-mortem report and medical aThe first respondent, his brother and parents were charged under Section 302 read with section 34 and section 201 I.P.C. for the murder of first respondent's wife and screening of evidence. 485 After seventeen months of maClick here to see Subject, Head Notes, Citation and Judgement
32DARBARA SINGH AND ANOTHER ETC. Vs. STATE OF HARYANA AND ORS.Coram: PUNCHHI, M.M.21/04/1992INDIAN PENAL CODE, 1860: Sections 34,148,149,302,304 and 323: Murder-Common intention-Inflicting injuries with knowl- edge that the injuries may cause the death of victim-Except one, other accused did not have such knowledge -Effect ofThe appellants and two others were charged with and tried for offences under sections 148,302,149 and 323/149 IPC for causing the murder of one S and causing simple hurts to one R, both related to the accused. The Trial Judge acquitteClick here to see Subject, Head Notes, Citation and Judgement
33SURINDER KUMAR AND ANR. Vs. STATE OF HARYANACoram: KULDIP SINGH (J)28/04/1992Indian penal Code, 1860: Sections 34, 302 and 498-A-Death on account of burn injuries-Dying declaration made by deceased in hospital before Judicial Magistrate-Doctor certifying that patient remained conscious at the time of recordThe first appellant's second wife died of burn injuries sustained by her. The first appellant and his son from his first wife were tried for the murder of the deceased and also for subjecting her to cruelty. The trial court convicteClick here to see Subject, Head Notes, Citation and Judgement
34K.T.M.S. MOHD. AND ANR. Vs. UNION OF INDIACoram: PANDIAN, S.R. (J)28/04/1992Indian Penal Code, 1860 : S. 193-perjury-Prosecution for-Inculpatory statement given to officer of Enforcement department under s.39 of FERA subsequently retracted stating it as involuntary and obtained by inducement and threat-AllegThe Enforcement Directorate, Madras, on receipt of information that appellant-1 was engaged in illegal disbursement of money, raided his premises on 19.10.1966 and recovered a sum of Rs. 4,28,713. On the same day appellant-1 and hisClick here to see Subject, Head Notes, Citation and Judgement
35SURJIT SINGH ALIAS GURMIT SINGH Vs. STATE OF PUNJABCoram: PUNCHHI, M.M.28/04/1992Indian Penal Code, 1860: Sections 34, 302, 326, 449-Accused setting up plea of alibi-Burden of proof-Misdescriptions/omissions in FIR- Effect of-Eye-witnesses account-Taking of-High Court setting aside acquittal and recording conviction-VThe appellant, who was in military service, his two brothers and two others were charged with the offences of criminal trespass, murdering the Sarpanch of the Village Panchayat and causing grevious hurts to PW2. Two more ac- cused wClick here to see Subject, Head Notes, Citation and Judgement
36MADAN GOPAL KAKKAD Vs. NAVAL DUBEY AND ANR.Coram: PANDIAN, S.R. (J)29/04/1992Indian Penal Code, 1860 : Ss. 375, 376-Rape-Accused-Medical graduate-Causing slight penetration into vulva of 8 years girl without rupturing hymen-Medical evidence indicating hymen intact, abrasion on medial side of labia majoThe victim girl (PW. 13) aged about 8 years was the daughter of the neighbour of the respondent. She was a friend of respondent's niece and both the children used to play together. According to the prosecution case, on the fatefulClick here to see Subject, Head Notes, Citation and Judgement
37BHAGWAN SINGH AND ANR. ETC. Vs. STATE OF PUNJAB ETC.Coram: REDDY, K. JAYACHANDRA (J)08/05/1992Indian Penal Code: Sections 34, 201, 302, 323, 364 and 365-Custodial death-Disappearance of dead body-Whether raises doubt about complicity of accused. Code of Criminal Procedure : Sections 160 and 161- Third degree tThe prosecution alleged that the four accused one Assistant Sub-Inspector, 2 Head Constables and a Constable who were working in the C.I.A Staff of the State Police Department, went in a jeep to a Hotel on 6.8.78 at about 4 P.M. broClick here to see Subject, Head Notes, Citation and Judgement
38STATE OF KARNATAKA Vs. LAKSHMANAIAHCoram: KULDIP SINGH (J)21/07/1992Indian Penal Code, 1860 : Section 300-Murder of wife-Acquittal of husband by High Court-High Court not considering P.Ws. evidence of husband's maltreatment and assault of wise for money - regecting evidence on flimsy ground of discrepaThe respondent in the appeal was tried for the murder of his wife and also for stealing his mother-in-law's property. The prosecution alleged that the respondent accused used to demand money from his mother-in-law through his wiClick here to see Subject, Head Notes, Citation and Judgement
39SAT PAL @ SADHU Vs. STATE OF HARYANA AND ANR.Coram: KULDIP SINGH (J)19/08/1992Indian Penal Code, 1860: Sections 53-A, 55 and 302-Imprisonment for life-Nature of-Whether rigorous imprisonment-No formal order issued by appropriate Government commuting sentence under Section 55 IPC or Section 433 (b) of the CriminaThe petitioner, a life convict, having been sentenced to undergo imprisonment for life, for the offence under Section 302 Indian Penal Code, filed a Writ Petition before this Court challenging his continued detention in jail, and soughtClick here to see Subject, Head Notes, Citation and Judgement
40MULLAGIRI VAJRAM AND ORS. Vs. STATE OF ANDHRA PRADESHCoram: [KULDIP SINGH AND N.M. KASLIWAL, JJ.]15/10/1992Criminal Law: Indian Penal Code, 1860: Sections 149 and 302-Murder-Conviction of the accused- Confirmation of by High Court-Whether valid-Identification of accused-Reliance placed on evidence of eye witness of- Whether proper-name of oneTwelve persons, including the appellants, were challaned for the murder of Sarpanch of a village. Relying on the evidence of P.Ws. 1,2 and 7 in toto and that of P.W.3 to some extent, the Sessions Judge convicted all the accused persons forClick here to see Subject, Head Notes, Citation and Judgement
41SAROJINI AND ORS. Vs. STATE OF M.P. AND ORS.Coram: [KULDIP SINGH AND K. RAMASWAMY, JJ.]16/10/1992Indian Penal Code, 1860: Sections 302 read with 34, 201-Dowry death-Husband and mother-in-law charged with-Convicted and sentenced to life imprisonment-High Court acquitting both the accused giving them benefit of doubt-Mother-in-law convThe appellant-accused and her son were charged with offences under S.302 read with S.34 IPC or alternatively under S.306 read with S.34 I.P.C. for causing the death of , or abetment to cause suicide by, the daughter-in-law/wife of the accused.Click here to see Subject, Head Notes, Citation and Judgement
42SHANTILAL KASHIBHAI PATEL Vs. STATE OF GUJARATCoram: [KULDIP SINGH AND YOGESHWAR DAYAL, JJ.]02/11/1992Indian Penal Code: Section 161. Prevention of Corruption Act, 1947. Sections 5(1) (d) and 5(2). Demand for illegal gratification-Statement of complainant- Not coroborated-Not supported by panch witnesses- Complainant-Admitting that he waThe prosecution case was that the complainant was running a shop and dealing in Kimam and that on 7th January, 1984, the Chief Inspector in the Health Department (accused No.1) and accused No. 2 (appellant in the appeal), accused No. 3 and aClick here to see Subject, Head Notes, Citation and Judgement
43JARNAIL SINGH AND ANR. ETC. Vs. STATE OF HARYANACoram: SINGH N.P. (J)20/01/1993Criminal Law: Indian Penal Code, 1860: Sections 3O2, 149 and Motive-Relevancy of-Held where positive evidence is cogent, clear and reliable motive is of no importance-Family members-Eye-witnesses-Whether independent evidence required. EviThe first appellant in Criminal Appeal No. 192/1980 and his four sons were convicted under Section 302 read with Section 149 of the Indian Penal Code, 1908 and sentenced to undergo rigorous imprisonments for life. They were also convicted and sClick here to see Subject, Head Notes, Citation and Judgement
44SARBIR SINGH Vs. STATE OF PUNJABCoram: SINGH N.P. (J)11/02/1993Indian Penal Code, 1860-Section 302-Conviction under-Murder- Proof of-Circumstantial evidence-Appreciation of evidence by Court-Duty of Court-Evidence adduced by prosecution clear and unambiguous-Effect of.The prosecution case was that the appellant and the deceased were intimate friends. The appellant nursed a grudge against the deceased, as he misbehaved with the wife of the appellant. On July 8, 1979 in the morning the deceased accompanied tClick here to see Subject, Head Notes, Citation and Judgement
45STATE OF HIMACHAL PRADESH Vs. RAGHUBIR SINGHCoram: VERMA, JAGDISH SARAN (J)18/02/1993Indian Penal Code, 1860. S.376-Rape-Accused-Conviction by trial court-Acquittal by High Court-Appeal by State to Supreme Court-Acquittal set aside-Conviction and sentence awarded by trial court confirmed-Held, judgment of High Court basedThe respondent-accused was prosecuted for committing rape on a child of 8/9 years of age. The prosecution case was that: while the prosecutrix (P.W.4), her father (P.W.5) and elder sister (P.W.7) were in their fields, it suddenly started rainingClick here to see Subject, Head Notes, Citation and Judgemen

Comments