61	Sukhdev Singh Vs. Delhi State (Govt. of NCT of Delhi)	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT	01/09/2003	Penal Code, 1860. Sections 300,304 and 80-Accused shooting deceased with pistol in the course of sudden quarrel-On facts, held, no case of grave and sudden provocation made out-Exception 4 to Section 300 held applicable instead of Exception 1-	Partly allowing the appeal, the Court HELD: 1.1. The High Court has rightly contended that the accused - appellant was the assailant. But the High Court was not justified in holding that Exception 1 to Section 300 of the IPC was applicable. The	Click here to see Subject, Head Notes, Citation and Judgement
62	Sou. Vijaya Alias Baby Vs. State of Maharashtra	Coram: DORAISWAMY RAJU , ARIJIT PASAYAT.	03/09/2003	Criminal Law : Penal Code, 1860-Section 201-Ingredients of-Conviction under- Maintainability of-Appellant's brother burning his wife to death while appellant was sleeping in another room-Held, intention to screen the offender must be the primar	Allowing the appeal, the Court HELD : 1.1. Section 201 IPC requires that the accused must have had the intention of screening the offender. To put it differently, the intention to screen the offender must be the primary and sole object of the ac	Click here to see Subject, Head Notes, Citation and Judgement
63	Smt. Shakila Abdul Gafar Khan Vs. Vasant Raghunath Dhoble and Anr.	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT.	08/09/2003	Code of Criminal Procedure, 1973-Section 190(1)(a)-Private complaint-Delay in filing of-Consequences of-Complaint filed alleging death due to custodial violence-Complaint filed more than one year after the alleged violence-Explanation given that t	Upholding the acquittal of the accused-respondent and disposing of the appeal with certain observations on custodial violence, the Court. HELD : 1.1. Though, delay per se may not affect credibility of complainant's version, each individual case	Click here to see Subject, Head Notes, Citation and Judgement
64	State of Gujarat Vs. Salimbhai Abdulgaffar Shaikh & Ors.	Coram: S. RAJENDRA BABU, G. P. MATHUR.	08/09/2003	Prevention of Terrorism Act, 2002-Sections 3(2); 3(3); 4; 34 and 49- Offences under the Act-Bail-Jurisdiction of High Court-Applications under Section 439 Cr. PC before High Court-Single Judge of High Court allowing bail-Legality of-Held, order of	Allowing the appeals, the Court HELD : 1.1 The respondents did not choose to apply for bail before the Special Court for offences under POTA and consequently there was no order of refusal of bail for offences under the said Act. The order of Sin	Click here to see Subject, Head Notes, Citation and Judgement
65	Vivek Gupta Vs. Central Bureau of Investigation and another	Coram: DR. AR. LAKSHMANAN	25/09/2003	Criminal Law : Code of Criminal Procedure, 1973-Sections 220 and 223-Joint trial of accused persons-Appellant entering into a conspiracy with two officers of a bank who misused their official position and caused substantial monetary loss to the	Dismissing the appeal, the Court HELD : 1.1. The Special Judge while trying the co-accused of the offence punishable under the provisions of the Prevention of Corruption Act, 1988 as also the offence punishable under Section 120B read with Secti	Click here to see Subject, Head Notes, Citation and Judgement
66	State of Haryana Vs. Jagbir Singh and Anr.	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT.	26/09/2003	Criminal Trial: Circumstantial Evidence-Appreciation of Evidence-Inference of guilt-Held, accused entitled as of right to be acquitted where there is any reasonable doubt regarding his guilt-In the facts, held, evidence contradictory and unacce	Dismissing the appeals, the Court HELD: 1. Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of	Click here to see Subject, Head Notes, Citation and Judgement
67	State of Madhya Pradesh Vs. Ghudan	Coram: DR. AR. LAKSHMANAN	15/10/2003	Criminal Law : Code of Criminal Procedure, 1973-Sections 220 and 223-Joint trial of accused persons-Appellant entering into a conspiracy with two officers of a bank who misused their official position and caused substantial monetary loss to the	Dismissing the appeal, the Court HELD : 1.1. The Special Judge while trying the co-accused of the offence punishable under the provisions of the Prevention of Corruption Act, 1988 as also the offence punishable under Section 120B read with Secti	Click here to see Subject, Head Notes, Citation and Judgement
68	Jai Karan and Ors. Vs. State of U.P.	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT	28/10/2003	Criminal Trial. Appreciation of evidence-Eye witnesses-Held Evidence of interested or related witness requires evaluation with caution and does not warrant mechanical rejection-Minor variations do not affect testimony which is otherwise credibl	Dismissing the appeal, the Court HELD : 1. The High Court has found the evidence of PW-2 to be cogent, credible and trustworthy. His presence at the place of incident was explained and his evidence cannot be thrown out as unreliable or tainted,	Click here to see Subject, Head Notes, Citation and Judgement
69	Ratansinh Dalsukhbhai Nayak Vs. State of Gujarat	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT	29/10/2003	Evidence Act, 1972-Section 118-Child witness-Conviction on the basis of evidence of child witness-Conviction upheld by High Court- Held, no particular age prescribed as a determinative factor of the competence of witness-All persons are competent	Dismissing the appeal, the Court HELD : 1. Indian Evidence Act, 1872 does not prescribe any particular age as a determinative factor to treat to be a competent one. On the contrary, Section 118 of the Act envisages that all persons shall be comp	Click here to see Subject, Head Notes, Citation and Judgement
70	Ramanand Yadav Vs. Prabhu Nath Jha and Ors.	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT	31/10/2003	Criminal Trial Practice and procedure-Order of acquittal-Interference by appellate Court- When-Held: When there are compelling and substantial reasons for doing do as miscarriage of justice may result from acquittal of guilty-No embargo on re-a	Allowing the appeals, the Court HELD : 1. PWs 1 and 2 have categorically stated that at most of the times the doctors at referral hospital are not present. They substantiated this impression by pointing out that Dr. Manoj who had first examined	Click here to see Subject, Head Notes, Citation and Judgement
71	Saurabh Chaudri & Ors. Vs. Union of India & Ors.	Coram: DR. AR. LAKSHMANAN	04/11/2003	Criminal Law : Code of Criminal Procedure, 1973-Sections 220 and 223-Joint trial of accused persons-Appellant entering into a conspiracy with two officers of a bank who misused their official position and caused substantial monetary loss to the	Dismissing the appeal, the Court HELD : 1.1. The Special Judge while trying the co-accused of the offence punishable under the provisions of the Prevention of Corruption Act, 1988 as also the offence punishable under Section 120B read with Secti	Click here to see Subject, Head Notes, Citation and Judgement
72	State of Andhra Pradesh Vs. K. Srinivasulu Reddy and Anr.	Coram: DORAISWAMY RAJU, ARIJIT PASAYAT	18/12/2003	Penal Code, 1860 : Sections 34, 302 and 326-Disputes and civil litigation between accused and deceased-Accused attacking and hacking deceased with sharp edged-weapons in presence of eye witnesses and threatening them- Fifty injuries on body of	Allowing the appeal, the Court HELD : 1. From the conduct of the accused before and after the occurrence and the manner of indiscriminate assaults a common intention is clearly perceived and proved beyond doubt. Even other-wise, looking at the w	Click here to see Subject, Head Notes, Citation and Judgement
73	S.V. Muzumdar and Ors. Vs. Gujarat State Fertilizer Co. Ltd. and Anr.	Coram: ARIJIT PASAYAT, S.H. KAPADIA	25/04/2005	Negotiable Instruments Act, 1881 : ss. 141(1) and 141(2)-Applicability of-Complaint u/s 138 of the Act and ss. 420 and 114 of Penal Code filed against a company and its employees and Directors-Application by employees and Directors for dropping t	Dismissing the appeal, the Court HELD : 1.1. The prayers before the courts below essentially were to drop the proceedings on the ground that the allegations would not constitute a foundation for action in terms of s.141 of the Negotiable Instrumen	Click here to see Subject, Head Notes, Citation and Judgement
74	STATE (N.C.T. OF DELHI) Vs. NAVJOT SANDHU@ AFSAN GURU	Coram: P. VENKATARAMA REDDI, P.P. NAOLEKAR	04/08/2005	Penal Code, 1860-Sections 120-B,121, 123 r/w Section 302-Prevention of Terrorism Act, 2002-Sections 3, 32, 50 & 52-Terrorist attack on Parliament House Complex-Conspiracy by accused-Five terrorists killed-Eight security personnel and one gardener die		Click here to see Subject, Head Notes, Citation and Judgement
75	Satbir Singh and Ors. Vs. State of Haryana	Coram: H.K. SEMA, G.P. MATHUR	14/09/2005	Penal Code, 1860-Sections 304-B, 498-A and 201-Dowry death-Harassment for dowry by in-laws of the deceased on various occasions-Deceased sent to her father's home to arrange dowry about 10 days before the occurrence-Deceased returned to her matrimoni	Dismissing the appeal, the Court HELD: 1. Undisputedly the death of the deceased occurred during seven years of her marriage. At the time of marriage the dowry was paid according to the capacity of the complainant. However, subsequent to the marri	Click here to see Subject, Head Notes, Citation and Judgement