46	SUBRAN @ SUBRAMANIAN AND ORS. Vs. STATE OF KERALA	Coram: ANAND, A.S. (J)	24/02/1993	Indian Penal Code, 1860: Sections 141, 149, 299, 300, 302 and 326-Unlawful assembly- What is-Six accused charged with offences under section 302 read with section 149-Two acquitted-Effect of-Held other four being less than five would not be me	Six accused persons were arrayed by the investigating agency for offences punishable under Sections 302, 324, 323, 341, 148 read with Section 149 IPC, for an occurrence that took place on 24th December, 1986 in which one Suku succumbed to injuries	Click here to see Subject, Head Notes, Citation and Judgement
47	HARENDRA NATH MANDAL Vs. STATE OF BIHAR	Coram: SINGH N.P. (J)	02/03/1993	Indian Penal Code, 1860. Section 304, Part 1-When can be invoked-Attack by accused- Victim surviving injuries inflicted by accused-Trial Court sentencing accused under section 307134-High Court converting sentence to one tinder section	The prosecution alleged that when PW 9 and his brother, having learnt that the appellant and two other persons were harvesting paddy from their plot, went there and protested as to why their crops were being harvested, one person caught h	Click here to see Subject, Head Notes, Citation and Judgement
48	SURINDER PAL JAIN Vs. DELHI ADMINISTRATION	Coram: ANAND, A.S. (J)	05/03/1993	Indian Penal Code, 1860: Sections 203 and 302--Appellant accused of murdering his wife--No eye witness of occurrence--Prosecution case based on circumstantial evidence--Disclosure statement of accused and recovery of ornaments of deceased	The appellant and his wife went to sleep in the back varandah of their house on the fateful night of 25th/26th July, 1976 while the appellant's brother alongwith his wife and children went to sleep separately in their bed-room in the same	Click here to see Subject, Head Notes, Citation and Judgement
49	ANIL PHUKAN Vs. STATE OF ASSAM	Coram: ANAND, A.S. (J)	17/03/1993	Indian Penal Code, 1860: Sections 302 and 34--Appellant and his brothers inflicting blows on deceased--Prosecution case that words and abuses exchanged between appellant and deceased regarding repayment of loan--Later assault ensued--Medical ev	The prosecution alleged that the appellant borrowed a sum of Rs. 450 from the deceased and had executed two hand notes Ex. 7 and Ex. 8, promising to repay the amount on 21.3.1976. On the said date the deceased accompanied by his nephew, PW.3 pr	Click here to see Subject, Head Notes, Citation and Judgement
50	KAPILDEO SINGH AND ORS. Vs. STATE OF BIHAR	Coram: ANAND, A.S. (J)	07/04/1993	Indian Penal Code. 1860: Sections 34, 148, 149, 302, 324 and 326-Murder- and causing grievous injury-Common intention-Proof of--Conviction altered to one u/s. 302 r/ws 34-Benefit of doubt-Acquittal of certain accused.	The appellants were charged with offences under Sections 302/ 149, 148,324 and 326 IPC-for causing the murder of one IS' and for causing grievous Injury to one `R'. The Trial Court acquitted them. On appeal by the State, the High Court	Click here to see Subject, Head Notes, Citation and Judgement
51	HARI SINGH ETC. Vs. STATE OF HARYANA	Coram: SINGH N.P. (J)	13/04/1993	Constitution of India 1950: Article 136-Does not confer right of appeal-Only right to apply, for special leave to appeal. Indian Penal code: Sections. 148, 149, 302, 304 Part II and 323-Different accused when held to have neither common obj	The three appellants In the two appeals along with 3 others, were tried for having committed murder. One of the accused being a minor, his trial was separated so that the same could he conducted by the Children Court. The case of the prosec	Click here to see Subject, Head Notes, Citation and Judgement
52	KIKAR SINGH Vs. STATE OF RAJASTHAN	Coram: RAMASWAMY, K.	12/05/1993	Indian Penal Code, 1860: S. 300 cl. 'thirdly,' Exception 4- Ingredients: Accused-Dangerously armed-Caused fatal blows on unharmed man, during an altercation-Injury sufficient to cause death in-ordinary course of nature-Held, accused took undue ad	The accused-appellant was prosecuted for the offence of murder. The prosecution case was that during an altercation between the accused and his neighbour the former inflicted a blow with a Kassi (spade) on the head of the latter who fell d	Click here to see Subject, Head Notes, Citation and Judgement
53	DHANANJOY CHATERJEE Vs. STATE OF W.B.	Coram: ANAND, A.S. (J)	11/01/1994	Indian Penal Code, 1860: Ss. 302, 376 and 380-Rape and murder of young girl by a Security guard in the Apartment-Theft of a Watch-Conviction based on circumstantial evidence-Recovery of chain and shirt button of ac-cused from place of occurrence-Also	Dismissing the appeal, this Court HELD: 1. It is settled law that in a case such as the present one based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn have not only to be fully established but als	Click here to see Subject, Head Notes, Citation and Judgement
54	ESHWARIAH Vs. STATE OF KARNATAKA	Coram: RAY, G.N. (J)	27/01/1994	Indian Penal Code, 1860: Section 302/34-Death of a person in the presence of two accused in a house bolted from inside-No plausible explana-tion-Prosecution could not prove who actually smothered the deceased-Cir-cumstantial evidence that death was h	Dismissing the appeal, this Court HELD: 1. It has been clearly established from the evidences adduced on behalf of the prosecution that shortly before the death of the deceased, both the accused entered the house at dead of night on the fateful da	Click here to see Subject, Head Notes, Citation and Judgement
55	BHERU SINGH Vs. STATE OF RAJASTHAN	Coram: ANAND, A.S. (J)	04/02/1994	The Indian Penal Code, I860: Section 302-Murder-Accused com-mitted murders of his wife and five children-Lodged first information report himself disclosing motive of crime, manner in which he committed crime, and produced weapon used in crime-Confess	Dismissing the appeal, this Court HELD: 1.1. A confession or an admission is evidence against the maker of it so long as its admissibility is not excluded by some provision of law. [569-E] 1.2. Where the accused himself lodges the first informa	Click here to see Subject, Head Notes, Citation and Judgement
56	BALWANT SINGH Vs. STATE OF PUNJAB	Coram: REDDY, K. JAYACHANDRA (J)	18/02/1994	Indian Penal Code, 1860-Section 304A-Police party on duty-Clash- Constable firing without any aim to scare away people including attack-ers-Shots hitting by-standers-Death-Nature of offence-Held guilty of of-fence under Section 304-A and not under Se	Allowing the appeals in part, this Court HELD : 1. The appellant had no cause to intentionally shoot at the deceased persons. As found by the High Court the appellant started firing indiscriminately only after the dash took place between PW-11 and	Click here to see Subject, Head Notes, Citation and Judgement
57	LAXMAN NAIK Vs. STATE OF ORISSA	Coram: FAIZAN UDDIN (J)	22/02/1994	Indian Penal Code, 1860: Sections 302 and 376- Rape-Murder-Con-viction based on circumstantial evidence-Validity of. Death Penalty- Pre-planned rape and murder of niece, a minor girt-Held diabilical in conception and brutal in execution attracting	Dismissing the appeal, this Court HELD: 1, The standard of proof required to convict a person on circumstantial evidence is that the circumstances relied upon in support of the conviction must be fully established and the chain of evidence furnish	Click here to see Subject, Head Notes, Citation and Judgement
58	RAJA RAM Vs. STATE OF M.P.	Coram: ANAND, A.S. (J)	22/02/1994	Indian Penal Code 1860-Sections302/149 and S.304 Part II/149-Dif-ference between-Accused arrived with deadly weapons-Not using the same to cause injuries to deceased-Injuries caused by lathi on non-vital parts of the body-No intention to cause death-	Allowing the appeal in part, this Court HELD: l.A scrutiny of the evidence on record reveals that the prosecution has successfully established the guilt against the accused, beyond reasonable doubt. The evidence of the eye witnesses is consistent	Click here to see Subject, Head Notes, Citation and Judgement
59	STATE OF PUNJAB Vs. BALBIR SINGH	Coram: REDDY, K. JAYACHANDRA (J)	01/03/1994	Narcotic Drugs and Psychotropic Substances Act, 1985 : Sections 41, 42 and Proviso-Search and Arrest-Warrant issued by a Magistrate not em-powered-Action would be illegal-Section 42(2) held mandatory. Proviso to Section 42-Search without warrant b	Disposing the appeals, this Court HELD : 1. NDPS Act is not a complete code incorporating all the provisions relating to search, seizure or arrest etc. The said Act after incorporating the broad principies regarding search, seizure or arrest etc,	Click here to see Subject, Head Notes, Citation and Judgement
60	MARWADI KISHOR PARMANAND Vs. STATE OF GUJARAT	Coram: FAIZAN UDDIN (J)	15/03/1994	Indian Penal Code, 1860-Section 302/34-Conviction under-Ap-preciation of evidence of a solitary but reliable eye witness-Conforming to .and consistent on all material points-His presence at place of occurrence established-Conviction based on his test	Dismissing the appeal, this Court HELD : 1. The evidence of a witness deposing about a fact has to be appreciated in a realistic manner having due regard to all the surrounding facts and circumstances prevailing at or about the time of occurrence	Click here to see Subject, Head Notes, Citation and Judgement