76 | Md. Munna Vs. Union of India & Ors. | Coram: K.G. BALAKRISHNAN, B.N. SRIKRISHNA | 16/09/2005 | Constitution of India-Article 32-Writ of Habeas Corpus-Criminal Procedure Code 1973-West Bengal Correctional Service Act, 1992-Sec. 61 Expln.-West Bengal Jail Code-Rule 751 (c)-IPC-Sec. 55-Life Imprisonment-Meaning of-Length of-Power of prison author | | Click here to see Subject, Head Notes, Citation and Judgement |
77 | Romesh Lal Jain Vs. Naginder Singh Rana & Ors. | Coram: S.B. SINHA, R.V. RAVEENDRAN | 28/10/2005 | Penal Code, 1860-Sec. 409, 167, 218, 419, 420, 465, 468, 471-Cr.P.C.-Sec. 197-13(2)-Sanction for prosecution against a public servant-For commission of an offence-Sanction against Inspector of Police granted by Dy. Inspector General of Police-Held, s | Allowing the appeal, the Court HELD: 1. Sanction required under Section 197 Cr. P.C. and sanction required under the 1988 Act stand on different footings. Whereas sanction under the Indian Penal Code in terms of the Code of Criminal Procedure is r | Click here to see Subject, Head Notes, Citation and Judgement |
78 | Rabindra Mahto & Anr. Vs. State of Jharkhand | Coram: S.B. SINHA, P.P. NAOLEKAR | 06/01/2006 | Penal Code, 1860; Section 302 r/w Section 149 and Section 323: Assault and murder-Accused attacked on members of prosecution party causing death of two persons and injuring others-Trial Court found five accused persons guilty of committing offenc | Dismissing the appeals, the Court HELD: 1.1. The basis of constructive guilt under Section 149 IPC is mere membership of an unlawful assembly. If the accused is a member of an unlawful assembly, the common object of which is to commit a certain c | Click here to see Subject, Head Notes, Citation and Judgement |
79 | Ramreddy Rajeshkhanna Reddy & Anr. Vs. State of Andhra Pradesh | Coram: S.B. SINHA, P.P. NAOLEKAR | 24/03/2006 | Criminal Trial: Circumstantial evidence-Conviction based upon-Held, the prosecution must establish all the pieces of incriminating circumstances by reliable and clinching evidence and the circumstances so proved must form such a chain of events as | Allowing the appeals, the Court HELD: 1.1. The time of actual offence having regard to the different statements made by different witnesses may assume some importance as one of the grounds whereupon the High Court has based its judgment of convict | Click here to see Subject, Head Notes, Citation and Judgement |
80 | State of Chhattisgarh Vs. Lekhram | Coram: S.B. SINHA, P.P. NAOLEKAR | 05/04/2006 | Penal Code, 1860; Ss. 366 and 376/Indian Evidence Act; S. 35: Abduction and rape of a minor married woman by the accused-Age of prosecutrix-Proof of-Entry in the School register-Admissibility in evidence-Held: A register maintained in a School is | Allowing the appeal, the Court Held : 1.1. A register maintained in a school is admissible in evidence to prove date of birth of the person concerned in terms of Section 35 of the Indian Evidence Act. Such dates of births are recorded in the scho | Click here to see Subject, Head Notes, Citation and Judgement |
81 | T. Aruntperunjothi Vs. State Through S.H.O., Pondicherry | Coram: S.B. SINHA, P.P. NAOLEKAR | 05/04/2006 | Penal Code, 1860: Section 304 B-Dowry death-Held, it is necessary for the prosecution to establish that the deceased must have been subjected to cruelty or harassment by her husband or relative of her husband soon before her death. Appellant an | | Click here to see Subject, Head Notes, Citation and Judgement |
82 | DHANESHWAR MAHAKUD and ORS. Vs. STATE OF ORISSA | Coram: S.B. SINHA , P.P. NAOLEKAR | 05/04/2006 | Penal Code 1860: Sections 302 r/w 149/ 302 r/w34-Charges framed against six accused for offences under Sections 302 r/w 149-High Court acquitted two accused while Conviction of remaining four accused under 302 maintained with the aid of Section 34 | | Click here to see Subject, Head Notes, Citation and Judgement |
83 | Jitendra Ram @ Jitu Vs. State of Jharkhand | Coram: S.B. SINHA, P.K. BALASUBRAMANYAN | 25/04/2006 | Bihar Children Act, 1982: s.32(1)-Inquiry as to age of accused to ascertain whether he is a child-Accused convicted u/ss. 302 and 201 IPC-Conviction affirmed by High Court-Plea raised before Supreme Court that at the time of commission of offence | Allowing the appeal and remitting the matter to the trial court, the Court HELD: 1.1. Before the trial court, the appellant did not raise any plea that he was a juvenile. It is true that such a plea was raised while moving an application for bail | Click here to see Subject, Head Notes, Citation and Judgement |
84 | Sunny Kapoor Vs. State (UT of Chandigarh) | Coram: S.B. SINHA, P.P. NAOLEKAR | 05/05/2006 | Criminal Trial. Circumstantial evidence-Death due to strangulation-Belongings of deceased missing-FIR lodged against unknown persons-Glaring discrepancies in regard to date and time of recovery of dead body-Extra-judicial confession made by accuse | Allowing the appeals, the Court HELD: 1. The specific case of the prosecution is that the DDR No. 23 was registered at 7.20 p.m. on 19.9.1999 at the instance of PW-16. The death of the deceased evidently had occurred in the night of 18th Septembe | Click here to see Subject, Head Notes, Citation and Judgement |
85 | Lachman Singh Vs. State of Haryana | Coram: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA | 28/07/2006 | Indian Penal Code, 1860. Section 300 Exception 4-Culpable homicide is not murder-When attracted-Held, when there is `sudden fight' implying mutual provocation and aggravation and there is absence of any premeditation-Injury is not the direct conse | Allowing the appeal of R and partly allowing the appeals of D and L, the Court. HELD: 1.1. The evidence of the witnesses, more particularly, injured witnesses have been carefully analysed by the Trial Court and the High Court. There is no discrepa | Click here to see Subject, Head Notes, Citation and Judgement |
86 | State of Karnataka & Anr Vs. Pastor P. Raju | Coram: G.P. MATHUR, DALVEER BHANDARI | 04/08/2006 | Criminal Procedure Code, 1973-Sections 173, 196(1A) and 482-Indian Penal Code, 1860-Section 153B-Criminal case registered against accused under section 153B IPC-Accused was arrested and was remanded to judicial custody by Magistrate-Petition before H | Allowing the appeal, the Court HELD: 1.1. The bar created under section 196(1A) IPC is against taking of cognizance of an offence by the Court. There is no bar against registration of a criminal case or investigation by the police agency or submis | Click here to see Subject, Head Notes, Citation and Judgement |
87 | Director General,Directorate General of Doordarshan & Ors. Vs. Anand Patwardhan & Anr. | Coram: DR. AR. LAKSHMANAN, LOKESHWAR SINGH PANTA | 25/08/2006 | Constitution of India, 1950: Articles 19(1)(a) and 19(2)-Documentary film-Given U/A certificate by Central Board of Film Certification-Tele-casting of on National Channel of Doordarshan-Refusal on the ground that its telecast would be violative o | Dismissing the appeal, the Court HELD: 1.1. The observation of the Prasar Bharati Board that the film is not suitable due to unsatisfactory production quality and that the film has nothing specific to convey in public interest is highly irrationa | Click here to see Subject, Head Notes, Citation and Judgement |
88 | Kailash Vs. State of M.P. | Coram: S.B. Sinha , Dalveer Bhandari | 29/09/2006 | Penal Code, 1860 Sections 300, 302 and 304 Part II-Death caused by single blow-Plea of self-defence raised by accused-Quarrel between parties not disputed-Oral evidence inconsistent with medical evidence-Oral evidence stating that blow caused by s | | Click here to see Subject, Head Notes, Citation and Judgement |
89 | Kailash Vs. State of M.P. | Coram: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA | 09/10/2006 | Penal Code. I860; Section 304B-death otherwise than under normal circumstances-Held, it means death not being in the usual course but apparently under suspicious circumstances if not caused by burns or bodily injury as "normal circumstances" appar | Partly allowing the appeal, as regards quantum of sentence, the Court HELD 1.1. Witnesses have spoken about dowry demand, torture and harassment and nothing substantially discrepant can be noticed. The witnesses, though cross-examined at length, | Click here to see Subject, Head Notes, Citation and Judgement |
90 | Venkategowda & Ors. Vs. State of Karnataka | Coram: A. K. MATHUR, LOKESHWAR SINGH PANTA | 06/11/2006 | Criminal Trial FIR-Delay in lodging FIR-Effect-Held, delay in lodging FIR not fatal in every case of ocular version of eye witnessES is reliable and trustworthy-Prosecution explaining reason for delay and testimony of injured witnesses found credi | Partly allowing the appeal, the Court. HELD: 1. On reprisal of the evidence of the injured witnesses P.W.1 and P.W.3 as also the evidence of eyewitness P.W.2, it is clear that the evidence on record fully establishes the case of the prosecution ag | Click here to see Subject, Head Notes, Citation and Judgemen |
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