91 | BALBIR SINGH Vs. STATE OF PUNJAB | Coram: ANAND, A.S. (J) | 10/11/1994 | Indian Penal Code, 1860-Sections 302/34-Murder-Inflicting blows with gandasa on head of deceased-Injury to brain-Intention to cause death-Held offence u/s 302/34. Air Force Act, 1950-Sections 72, 124 and 125-Criminal Procedure Code, 1973-Section 4 | Dismissing the appeal, this Court HELD : 1.1. According to the medical report, the death was caused by shock and hemorrhage due to the injury to the brain which was sufficient to cause death in the ordinary course of nature. Indeed, the death | Click here to see Subject, Head Notes, Citation and Judgement |
92 | STATE OF KARNATAKA Vs. VEDANAYAGAM | Coram: REDDY, K. JAYACHANDRA (J) | 23/11/1994 | Indian Penal Code 1860-Clause Thirdly of Section 300 Scope-Single injury-Stabbing with dagger on left side of chest Injury found sufficient in ordinary course of nature to cause death-No pre meditation-Accused intended to cause that particular injury | Allowing the appeal, this Court HELD 1.1 Both the Courts below have clearly noted that the injury was a very serious one which brought about the instant death. The blow was aimed at the chest and the injury was inflicted with great force with a | Click here to see Subject, Head Notes, Citation and Judgement |
93 | ISHVARBHAI FUJIBHAI PATNI Vs. STATE OF GUJARAT | Coram: ANAND, A.S. (J) | 24/11/1994 | Criminal Procedure Code, 1973-Section 386-Indian Penal Code, I860-Section 302-Appeal against conviction-Conviction upheld- Evidence not discussed-Cryptic judgment conviction not sustainable. The appellant was found guilty of offence u/s 302 IPC an | Allowing the appeal, this Court HELD : Since, the High Court was dealing with the appeal in exercise of its appellate jurisdiction, against conviction and sentence of life imprisonment, it was required to consider and discuss the evidence and deal | Click here to see Subject, Head Notes, Citation and Judgement |
94 | SHIVAPPA Vs. STATE OF KARNATAKA | Coram: ANAND, A.S. (J) | 29/11/1994 | Criminal Procedure Code, 1973-Section 164-Confession- Evidentiary value-Voluntary statement-Recording of confessional statement-Duty of Magistrate-Inquiry by Magistrate to ascertain voluntary nature of confession-Rule of strict compliance with impera | Allowing the appeal, this Court HELD : 1.1. A confession, if voluntary and truthfully made is an "efficacious proof of guilt". Unless the Court is satisfied that the confession is voluntary in nature, it cannot be acted upon and no further enquiry | Click here to see Subject, Head Notes, Citation and Judgement |
95 | A.E.RANI Vs. V.S.R. SARMA | Coram: RAY, G.N. (J) | 14/12/1994 | Code of Criminal Procedure, 1973: Section 482. High Court-Power to quash criminal proceedings-Private complaint under Section 395 IPC about forcible taking away of articles of self and husband-Police final report stating that no offence committed-Fre | Allowing the appeal and setting aside the order of the High Court, this Court HELD: 1. The High Court has proceeded on an erroneous assumption that on the basis of old depositions, the Magistrate took cognizance of the complaint and registered the | Click here to see Subject, Head Notes, Citation and Judgement |
96 | SUNDARAMURTHI Vs. STATE OF TAMIL NADU | Coram: REDDY, K. JAYACHANDRA (J) | 16/12/1994 | Indian Evidence Act, 1872: Section 3. Circumstantial evidence-Conviction based on-Validity of Indian Penal Code, 1860: Sections 302/34, 392 and 449-Conviction under-Conviction based on circumstantial evidence- Validity of. The appellant, alo | Dismissing the appeal, this Court HELD: 1. The High Court has considered all the circumstances and has rightly convicted the appellant. The Sessions Judge has erroneously rejected the evidence of PWs 1 to 4. There is nothing to show that these fou | Click here to see Subject, Head Notes, Citation and Judgement |
97 | SHRI JAGANNATH & 2 OTHERS Vs. STATE OF UTTAR PRADESH | Coram: MUKHERJEE M.K. (J) | 12/01/1995 | Indian Penal Code, 1860-Section 302/34 and 324/34-Common intention-Ocular evidence that appellants chased and surrounded deceased when he was attacked by other accused-No role attributed to them in FIR-Evidence of PW1 of their having assaulted dec | Allowing the appeal, this Court HELD : 1.1. In view of the concurrent findings of fact, it would not have, ordinarily, been justified to disturb the same but on perusal of the impugned judgments, it was found that both the courts below failed to | Click here to see Subject, Head Notes, Citation and Judgement |
98 | E.K. CHANDRASENAN Vs. THE STATE OF KERALA | Coram: HANSARIA B.L. (J) | 17/01/1995 | Constitution of India-Arts. 136 and 142-Competency to issue suo motu rule of enhancement of sentence-Plenary jurisdiction under Art. 136-Scope of power under Art. 142. Indian Penal Code, 1860-Sections 326/120-B, 107, 109-Conspiracy to supply sp | Dismissing these appeals while enhancing the sentence, this Court HELD: 1. This Court has power in an appropriate case to issue suo motu rule of enhancement. Article 136 of the Constitution vests in this. Court a plenary jurisdiction and the pow | Click here to see Subject, Head Notes, Citation and Judgement |
99 | STATE OF M.P. & ANR. Vs. RAM KRISHNA BALOTHIA & ANR. | Coram: MANOHAR SUJATA V. (J) | 06/02/1995 | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 18-Offences fall into a separate and special class-Cannot be compared with other offences-Anticipatory bail-Denial of-Neither un- reasonable nor unconstitutional. | Allowing the appeal, this Court HELD: 1.1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted in order to prevent the commission of atrocities against members of Scheduled Castes and Scheduled Tribes and t | Click here to see Subject, Head Notes, Citation and Judgement |
100 | INDER SINGH Vs. STATE OF PUNJAB | Coram: DR. A.S. ANAND , FAIZAN UDDIN | 23/02/1995 | Indian Penal Code, 1860: Section 302-Pre-planned murder-Accused assaulting the deceased with determination-Extensive injury-Instantaneous death of deceased-These factors disclosed intention of the accused to cause fatal injury to the deceased-Conv | Dismissing the appeal, this Court HELD : 1.1. It is established that the appellant was lying in wait, duly armed with a barchha and emerged all of a sudden to attack the deceased. The very fact that he did not even spare PW4 his own 'Brother by | Click here to see Subject, Head Notes, Citation and Judgement |
101 | UNION OF INDIA AND ANR. Vs. ASHOK KUMAR MITRA | Coram: DR. A.S. ANAND , M.K. MUKHERJEE | 24/02/1995 | Indian Penal Code, 1860-Section 21-Public Servant-employees of a nationalised Bank-Whether 'public servants' Held yes, The respondent, Branch Manager of Bank of India, was prosecuted for offences under sections 120-B, 420,409,467,468,471 and 477 | Allowing the appeals, this court HELD: 1. A nationalised bank is a corporation which is established by a Central Act and is owned and controlled by the Central Government. The employees of corporations which are owned and controlled by the Centr | Click here to see Subject, Head Notes, Citation and Judgement |
102 | BALWANT SINGH AND ANR. Vs. STATE OF PUNJAB | Coram: DR. A.S. ANAND , FAIZAN UDDIN | 01/03/1995 | Indian Penal Code, 186O-sections 124A and 153A-Sedition-Raising slogans casually couple of times by some persons-No reaction from public-Offence v/s 124A or 153A not made out, The appellants who are government servants were arrested for raising | Allowing the appeal, this Court HELD : 1.1 The fact and circumstances of this case unmistakably show that there was no disturbance or semblance of disturbance of law and order or of public order or peace and tranquility in the area from where th | Click here to see Subject, Head Notes, Citation and Judgement |
103 | PREM KUMAR AND ANOTHER Vs. STATE OF BIHAR | Coram: PARIPOORNAN, K.S.(J) | 02/03/1995 | Indian Penal Code, 1860: S.302-Murder-Motive-Relevancy of- Held, motive alleged against accused, if fully established, is a very relevant and important aspect to highlight intention of accused and the approach to be made in appreciating totality o | Dismissing the appeal, the Court HELD : 1.1. In a case when motive alleged against the accused is fully established, it provides a foundational material to connect the chain of circumstances, and affords a key or pointer, to scan the evidence in | Click here to see Subject, Head Notes, Citation and Judgement |
104 | SHEIKH ISHAQUE AND ORS. Vs. STATE OF BIHAR | Coram: DR. A.S. ANAND AND K.S. PARIPOORNAN | 10/03/1995 | Indian Penal Code-Section 302 read with S.34-Death sentence-Rarest of the rare case-Eleven accused charged and convicted and sentenced to death-High Court maintaining the conviction-Number of victims alone would not make the case "RAREST OF THE RA | Dismissing the appeal hut commuting the sentence of death to sentence for imprisonment for life, this Court HELD :1. The imposition of proper sentence is an obligation on the Court and even if no argument had been addressed on behalf of the appe | Click here to see Subject, Head Notes, Citation and Judgement |
105 | MANGAMMA AVVA ALIAS NESE YESODAMMA & OTHERS Vs. STATE OF ANDHRA PRADESH | Coram: PUNCHHI, M.M. | 21/03/1995 | Indian Penal Code, 1860: S.302-Murder trial-Sole eye witness-Evidence artificial and highly improbable-Courts below relying on such evidence convicted the accused- Evidence re-appreciated-Held: it is unsafe to rest conviction on such evidence-A | Hence this appeal. Allowing the appeal and acquitting the accused, this Court HELD: 1. It would be unsafe to maintain the conviction of the appellants on the bare testimony of PW1. It is note-worthy that she was a grown up young woman of 25 y | Click here to see Subject, Head Notes, Citation and Judgement |
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