61	BALWANT SINGH Vs. STATE OF HARYANA	Coram: ANAND, A.S. (J)	18/03/1994	Indian Penal Code. 1860- Sections 302/34 - Convictions under-Ap-preciation of evidence - Eye witnesses - Independent and reliable - Ocrlar ley timany coimborated bv medical evidence - FIR promptly lodged - Complicity of accused proved beyand reason	Disposing of the matters, this court HELD : 1.1. The version given by PW8 which had been fully corroborated by PW7 and PW10 at the trial was truthful and unassailable. Nothing had been brought out on the record to doubt his veracity. PW8 had given	Click here to see Subject, Head Notes, Citation and Judgement
62	KAZILHENDUP DORJI Vs. CENTRAL BUREAU OF INVESTIGATION	Coram: AGRAWAL, S.C. (J)	29/03/1994	Criminal Law-Prosecution-Delhi Special Police Establishment Act, 1946-Section 6-Withdrawal of consent given by State Government u/s 6-Whether permissible-Effect on matter pending investigation-Applicability of S. 21 of the General Clauses Act-Extent	Allowing the petition, this Court HELD : 1.1. Section 21 of the General Clauses Act does not confer a power to issue an order having retrospective operation. Even if section 21 is held applicable to an order passed under section 6 of the Delhi Spe	Click here to see Subject, Head Notes, Citation and Judgement
63	SHANKAR Vs. STATE OF T.N.	Coram: REDDY, K. JAYACHANDRA (J)	04/04/1994	Criminal Procedure Code, 1973-Section 354 sub-Sec. 3-Death sen-tence-When to be awarded-Rarest of rare crimes--Mitigating and aggravat-ing circumstances-Brutal murder of six persons in an organised manner- Dead bodies disposed of in a diabolic manner	This Court confirmed the death sentence awarded to A-l and A-2 and the life imprisonment awarded to A-4 to A-6; the sentence of A-3 was reduced to life imprisonment from death, and it was HELD : 1.1. The choice as to which one of the two punishmen	Click here to see Subject, Head Notes, Citation and Judgement
64	JASHUBHA BHARATSINGH GOHIL Vs. STATE OF GUJARAT	Coram: ANAND, A.S. (J)	13/04/1994	Criminal Procedure Code 1973-Section 354(3)-Death sentence- Where trial court has given elaborate reasons for awarding life imprisonment, held, the High Court was not justified in enhancing punishment to death sentence only because it looked at those	Acquitting A2, A3, A6 and A10 by giving the benefit of doubt, and reducing the death sentence on All to life imprisonment, this court HELD : 1. The prosecution evidence is clear, cogent and specific in so far as the involvement of accused other th	Click here to see Subject, Head Notes, Citation and Judgement
65	MEESALA RAMAKRISHAN Vs. STATE OF A.P.	Coram: HANSARIA B.L. (J)	13/04/1994	Evidence Act, 1872: Section 32-Dying declaration-Recorded by Magistrate on the basis of nods and gestures-Evidentiary value of-Nods given by the deceased were effective and meaningful and clearly suggesting that the accused set her on fire-Held su	Dismissing the appeal, this Court HELD: 1. A dying declaration recorded on the basis of nods and gestures is not only admissible but possessed evidentiary value, the extent of which shall depend upon who recorded the statement, what is his educati	Click here to see Subject, Head Notes, Citation and Judgement
66	DR JACOB GEORGE Vs. STATE OF KERALA	Coram: HANSARIA B.L. (J)	13/04/1994	Criminal Law-Indian Penal Code-Sections 312, 314, 357, Medical Practitioner-Homeopath-Without proper training-Causing miscarriage of woman resulting in death-Held guilty-imprisonment for four months- Upheld-Fine of Rs. 5000 enhanced to Rs. one lakh-S	Disposing of the appeals, this Court HELD : 1. There is no reason to disagree with the High Court in having placed reliance on evidence of PW-1 as he had played a vital role in the entire episode. [491 -G-H] 2. The failure of the appellant to i	Click here to see Subject, Head Notes, Citation and Judgement
67	MEHRAJ SINGH Vs. STATE OF U.P	Coram: ANAND, A.S. (J)	21/04/1994	Indian Penal code, 1860 : S.302-Murder-Trial of-Eye-witnesses not believed-All accused aquitted-On appeal High Court maintained aquittal of one and convicted the other two accused-Sentenced to life imprisonment-Held : keeping in view their unnatur	Allowing the appeals and setting aside their convictions and senten-ces, this court HELD : 1. The observation of the High Court that the injuries were caused by four different shots is not the opinion of the doctors because no elucidation was soug	Click here to see Subject, Head Notes, Citation and Judgement
68	P.RATHINAM Vs. UNION OF INDIA	Coram: HANSARIA B.L. (J)	26/04/1994	Indian Penal Code, 1860-Section 309-Offence of attempted suicide-Constitutional validity of-Held, Section 309 violates Article 21 of Che Constitution of India-it is unconstitutional and hence void-Act of com-mitting suicide-Cannot be said to be again	Dismissing the petitions, this court HELD : 1.1. Section 309 of the Indian Penal Code deserves to be effaced from the statute book to humanise our penal laws. It is a cruel and irrational provision, and it may result in punishing a person again (d	Click here to see Subject, Head Notes, Citation and Judgement
69	MANGILAL Vs. STATE OF M.P.	Coram: MOHAN, S. (J)	27/04/1994	Code of Criminal Procedure, 1973: Section 386-Appeal against conviction-Hearing of-Lawyers' strike during-Absence of lawyer-Dismissal of appeal for non-prosecution-Validity of-High Court's observation as to reasons for strike and comments on lawyers'	Setting aside the High Court's order and directing the restoration of appeal to be heard on merits, this Court HELD : 1. The High Court has shown a lack of judicial restraint in adverting to and influenced by matters which were extraneous. It shou	Click here to see Subject, Head Notes, Citation and Judgement
70	MANAKSHI BALA Vs. SUDHIR KUMAR (M.K. Kukherjee, J.)	Coram: MUKHERJEE M.K. (J)	10/05/1994	Code of Criminal Procedure, 1973: Sections 239, 240 and 482-Lodging of F.IR-Charges framed on a finding that prima facie case made out-Revisional Junsdiction-High Court interfering and quashing FIR relying on documents other than those referred to in	Allowing the appeals, this Court HELD : 1. The entire approach of the High Court in dealing with the matter is patently wrong and opposed to settled principles of law. The petition under Section 482 Cr. P.C. was filed in the High Court at a stage	Click here to see Subject, Head Notes, Citation and Judgement
71	SUKHVINDER SINGH AND ORS. Vs. STATE OF PUNJAB	Coram: A.S. ANAND , FAIZAN UDDIN	12/05/1994	Indian Penal Code, 1860: Section 302 read with Section 149/l20B-Cir-cumstantial evidence connecting the appellants with the criminal conspiracy to commit murder-Whether proved beyond reasonable doubt-Conviction and sentence-Validity of, Terrorist	Party allowing the appeal, this Court HELD: 1.1. The conviction recorded by the Designated Court under Section 3 of Terrorist and Disruptive Activities (Prevention) Act (herein after TADA) Act is wholly unjustified. A bare perusal of Section 3 of	Click here to see Subject, Head Notes, Citation and Judgement
72	MANIRAM Vs. STATE OF U. P.	Coram: FAIZAN UDDIN (J)	13/05/1994	Indian Penal Code, 1860 : Sections147, 148, 149 and 302. Murder-Prosecution-Examination of interested witness-Withhold-ing of independent witnesses-Conviction based on solitary interested wit-ness-Held invalid. Indian Evidence Act, 1872: Mur	Allowing the appeal, this Court HELD : 1. If the evidence of the prosecution witnesses is totally inconsistent with the medical evidence this is a most fundamental defect in the prosecution case and unless this inconsistency is reasonably ex-plain	Click here to see Subject, Head Notes, Citation and Judgement
73	V.S. ACHUTHANANDAN Vs. R. BALAKRISHNA PILLAI	Coram: VERMA, JAGDISH SARAN (J)	13/05/1994	Code of Criminal Procedure, 1973 : Section 321-Public Prosecutor-Power to withdraw prosecution-Scope of-Non-application of mind by public prosecutor-Decision to withdraw prosecution not bona fide-Court's refusal to give consent to withdrawal of prose	Allowing the appeal and setting aside the High Court's order, this Court HELD : 1. The impugned order of the High Court is not sustainable on merits. There was no ground available to the High Court to set aside the well reasoned and justified orde	Click here to see Subject, Head Notes, Citation and Judgement
74	SURESH CHANDRA BAHRI Vs. STATE OF BIHAR	Coram: FAIZAN UDDIN (J)	13/07/1994	Indian Penal Code 1860, Ss.302, 201 r/w 120A-Husband and two accomplices conspiring and committing murder of wife and two children-Evidence of approver trustworthy and corroborated in material particulars by circumstantial and expert evidence-Held, p	Dismissing the appeal of SB and partly allowing the appeals of RPS and GS, this Court HELD : 1.1. On an overall independent consideration of the cir-cumstantial and expert evidence as well as the evidence of the approver adduced by the prosecution	Click here to see Subject, Head Notes, Citation and Judgement
75	ARJUN AND ORS. Vs. STATE OF RAJASTHAN	Coram: DR. A.S. ANAND , FAIZAN UDDIN	14/07/1994	Indian Penal Code, 1860-Section 302-Murder-Enmity-Relation Witness-Acceptability of. Eye witnesses-Four accused acquitted giving benefit of doubt- Whether consistent evidence of eye witnesses is liable to be rejected since they have been disbeliev	Dismissing the appeal, this Court HELD: 1.1. Enmity is a double-edged sword with can cut both ways. However, the fact remains that whether the prosecution witnesses are close relatives of the deceased victim or on enemical terms with the deceased	Click here to see Subject, Head Notes, Citation and Judgement