331	STATE OF U.P. Vs. BABU RAM	Coram: K.T. THOMAS, Y.K. SABHARWAL	11/04/2000	Evidence Act, 1872-Section 8-Motive-Evidentiary value-Failure to prove motive-Consequences of--Whether prosecution case would fail for its failure to prove the motive-Held, No-Whether inability to prove motive would weaken prosecution to any perc	Allowing the appeal, this Court HELD : 1.1. Motive is a relevant factor in all criminal cases whether based on the testimony of eye witness or on circumstantial evidence. No doubt, if the prosecution proves the existence of a motive it would be	Click here to see Subject, Head Notes, Citation and Judgement
332	R. SARALA Vs. T.S. VELU AND ORS.	Coram: K.T. THOMAS, D.P. MOHAPATRA	13/04/2000	Criminal Procedure Code 1973-Section 163(2)-Investigation by police-Scope- Whether investigating agency can be compelled to seek opin-ion of a Public Prosecutor under the orders of Court-Held, No-Investigation and prosecution are two different fac	Allowing the appeal, the Court HELD : 1.1.: Investigation is defined in Section 2(h) of the Code of Criminal Procedure, as including "all the proceedings under this Code for the collection of evidence conducted by a police officer or by any pers	Click here to see Subject, Head Notes, Citation and Judgement
333	SMT. MEENA W/O BALWANT HEMKE Vs. THE STATE OF MAHARASHTRA	Coram: DORAISWAMY RAJU, R.C.LAHOTI	17/04/2000	Indian Penal Code, 1860-Section 161-Prevention of Corruption Act, 1947- Section 5(1)(d) rw/S. 5(2)-Offence under-Requirements of-Charge of acceptance of bribe by Revenue Record Keeper-Trap case-Recovery of currency note lying on pad on the table-W	Allowing the appeal, the Court HELD : 1.1. The currency note in question was not recovered from the person or from the table drawer, but when the trap party arrived the note was found only on the pad on the table and seized from that place only.	Click here to see Subject, Head Notes, Citation and Judgement
334	STATE OF KARNATAKA Vs. MANJANNA	Coram: A.S. ANAND CJ D.P. WADHWA RUMA PAL	04/05/2000	Indian penal Code, 1860-Section 376(1)-Offence under r-Cormbo-ration of Testimony of prosecutrix-By independent witnesses, medical evidence and the report of the chemical examiner-Conviction by trial court-Acquittal by High court disbelieving the	Allowing the appeal, this Court HELD : 1. The enmity allegcd by the accused for falsely implic ating him was rejected correctly, on the ground that given the present social ethos in this country, it was improbable that either the girl or her par	Click here to see Subject, Head Notes, Citation and Judgement
335	T.K. GOPAL @ GOPI C Vs. STATE OF KARNATAKA	Coram: S.S.AHMAD, DORASWAMI	05/05/2000	Indian Penal Code, 1860-Section 376(2)-Offence under-Rape of infant- Conviction under and sentence of 10 years RI by courts below-Notice for enhancement of punishment by Supreme Court-Plea for recalling the notice in view of extenuating circumstan	Dismissing the appeal, this Court HELD : 1.1. Having regard to the extenuation circumstances, spe-cially the fact that the appellant's two daughters have come of age and are to be married, the present period of incarceration of the appellant in	Click here to see Subject, Head Notes, Citation and Judgement
336	LILY THOMAS, ETC. ETC. Vs. UNION OF INDIA & ORS.	Coram: R.P.SETHI, S.S.AHMAD	05/05/2000	Constitution of India, 1950 : Article 20(1) : Review of Sarla Mudgal's case-Alleging violation of constitutional provisions-Held, not sustainable-The procedure established by law, as mentioned in Article 21 of the Constitution means the law pres	Disposing of the petitions, the Court HELD : Per R.P. Sethi, J. (Concurring) 1.1. Review is the creation of a statute. The power of review is not an inherent power. It must be conferred by law either specifically or by neces-sary implication. R	Click here to see Subject, Head Notes, Citation and Judgement
337	HARDEO SINGH Vs. STATE OF BIHAR AND ANR.	Coram: G.B. PATTANAIK , UMESH C. BANERJEE	11/05/2000	Indian Penal Code-Sections I20B, 409, 420, 468, 471, 477A- Prevention of Corruption Act-Ss.5(1)(a), 5(l)(c), 4(1 )(d)- Charge sheet as against Appellant for conspiracy-For obtaining loans from main accused, a bank employee-Beyond financial limits-	Dismissing the Appeal, the Court HELD: 1. The allegation pertains to the factum of the habit of Branch manager, of receiving illegal gratification from a person however by itself may or may not be sufficient to bring ho ne the charge of conspira	Click here to see Subject, Head Notes, Citation and Judgement
338	MOHAMMED AYNUDDIN @ MIYAM Vs. STATE OF ANDHRA PRADESH	Coram: R.P.SETHI, K.T.THOMAS	28/07/2000	Indian Penal Code, 1860 : Section 304-A. Causing death by culpable negligence-Driver-Negligent driving- Passenger falling down from bus while boarding it-Death-Liability of driver-No presumption of negligence can be drawn against driver of bus-	Allowing the appeals and setting aside the conviction and sentence, this Court HELD : 1. It is a wrong proposition that for any motor accident negligence of the driver should be presumed. An accident of such a nature, as would prima facie show,	Click here to see Subject, Head Notes, Citation and Judgement
339	RAM DEO CHAUHAN & RAJ NATH CHAUHAN Vs. STATE OF ASSAM	Coram: K.T. THOMAS, R.P. SETHI.	31/07/2000	Indian Penal Code 1860 : Section 302. Murder-Circumstantial evidence-Conviction based on-Imposition of death penalty-Legality of. Death Penalty-Accused-Quadruple murder of four members of a fam-ily including a child and two women-Murders com	Dismissing the appeal, the Court HELD : 1. The conviction of the appellant as recorded by the Trial Court and confirmed by the High Court is upheld. It is generally believed and accepted that the witnesses may lie but the circumstances cannot. I	Click here to see Subject, Head Notes, Citation and Judgement
340	THE ASSISTANT COLLECTOR OF CENTRAL EXCISE, RAJAMUNDRY Vs. DUNCAN AGRO INDUSTRIES LTD. & ORS.	Coram: R.P.SETHI, K.T.THOMAS	07/08/2000	Customs Act, 1962 : Section 108. Code of Criminal Procedure, 1973 : Section 164 Central Excises and Salt Act, 1944 : Section 9(1) Evidence Act, 1872 : Sections 24 and 25. Excise officer-Statements recorded by-Admissibility of. Cigarett	Allowing the appeals, this Court HELD : 1. A statement recorded by customs officers under section 108 of the Customs Act is admissible in evidence. The court has to test whether the inculpating portions were made voluntarily or whether it is vit	Click here to see Subject, Head Notes, Citation and Judgement
341	STATE OF ANDHRA PRADESH Vs. POLAMALA RAJU & RAJARAO	Coram: R.C.LAHOTI, K.G.BALAKRISHNAN	09/08/2000	Indian Penal Code-Section 376(2)-Rape of 5 year of old girl- Accused convicted and sentenced to undergo 10 years RI by Sessions Court- High Court confirming conviction-Reducing sentence to 5 years RI-No special or adequate reasons shown-Held, sent	Allowing the appeal, this Court HELD : 1. It is an obligation of the sentencing court to consider all relevant facts and circumstances bearing on the question of sentence and impose a sentence commensurate with the gravity of the offence. The s	Click here to see Subject, Head Notes, Citation and Judgement
342	STATE OF WEST BENGAL Vs. MIR MOHAMMAD OMAR & ORS.	Coram: R.P.SETHI, K.T.THOMAS	29/08/2000	Penal Code, 1860-Sections 302 and 364 read with Section 34- Abduction- Murder-Offence of-Deceased abducted by the accused pro-claiming that he would be finished off-Deceased found dead within a couple of hours of his abduction-Bush shirt worn by d	Allowing the appeal filed by the State and dismissing the appeals filed by the accused, the Court HELD : 1.1. There is no doubt that all the accused abducted the de-ceased in order to murder him. The temper which the assailants exhibited in the	Click here to see Subject, Head Notes, Citation and Judgement
343	PP UNNIKRISHNAN AND ANOTHER Vs. PUTTIYOTTIL ALIKUTTY ANR ANOTHER	Coram: K.T. THOMAS, J., R.P. SETHI, J.	05/09/2000	Kerala Police Act, 1960 : Section 64(3)-Scope of-Police Officer-Offences Committed by-Bar against taking cognizance-Held, not confined to offences specified in the Act-Bar encompasses offences under other enactments-Period of limitation for taki	Dismissing the appeal, the Court HELD: 1. The benefit envisaged in Section 64(3) of the Kerala Police Act cannot be afforded to the appellants. [152-B] 2. The view adopted by the High Court that Section 473 of the Code of Criminal Procedure,	Click here to see Subject, Head Notes, Citation and Judgement
344	STATE OF HIMACHAL PRADESH Vs. GITA RAM	Coram: K.T. THOMAS, J., R.P. SETHI, J.	08/09/2000	Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989: Sections 14 & 2(l)(d)-Sessions Court designated as Special Court for trial of offences under the Act-Such specified Special Court not denuded of its character and powers as a	Setting aside the impugned judgment and remitting the appeal back to the High Court for disposal on merits, this Court. HELD : 1. A Court of Session specified as a Special Court for trial of offences under the Scheduled Castes and Scheduled Trib	Click here to see Subject, Head Notes, Citation and Judgement
345	HUKAM SINGH AND ORS. Vs. STATE OF RAJASTHAN	Coram: K.T. THOMAS, J., R.P. SETHI, J.	14/09/2000	Code of Criminal Procedure, 1973-Sections 226, 231, 313, 379- During the course of trial, Public Prosecutor not examining the only two independent witnesses having learnt that those two witnesses would speak against the prosecution version-Proprie	Dismissing the appeal, this Court HELD : 1. The role played by each of the appellants can be discerned with reasonable degree of certainty. Starting with their convergence at the bus stop, presumably waiting for the return of the deceased after	Click here to see Subject, Head Notes, Citation and Judgement