91	Shivanna & Ors. Vs. State of Karnataka	Coram: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA	08/11/2006	Indian Penal Code, 1860. Sections 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 148, 149, 324, 326 and 304 Part II-Right of private defence-Held, it is a right of defence, not of retribution, expected to repel unlawful aggression and not as retali	Partly allowing the appeal, the Court HELD :1.1. Section 96, IPC provides that nothing is an offence which is done in the exercise of the right of private defence. The Section does not define the expression `right of private defence'. The right of	Click here to see Subject, Head Notes, Citation and Judgement
92	Tata Engineering and Locomotive Company Limited Vs. N.K. Singh	Coram: ARIJIT PASAYAT , S.H. KAPADIA	08/11/2006	Labour Laws: Industrial Disputes Act, 1947: Workman-Allegation of misconduct and assault against-FIR-Domestic inquiry-Dismissed from service-Dispute-Labour Court held that though the charge of misconduct levelled against the workman established	Allowing the appeal, the Court HELD:1.1. The Labour Court has found the inquiry to be fair and proper. The conduct highlighted by the management and established in inquiry was certainly of very grave nature. The Labour Court and the High Court hav	Click here to see Subject, Head Notes, Citation and Judgement
93	Sanghamitra Ghosh Vs. Kajal Kumar Ghosh	Coram: G.P. MATHUR, DALVEER BHANDARI	20/11/2006	Hindu Law: Hindu Marriage Act, 1955; Section 9: Wife tortured by her husband and in-laws-She was driven out of her matrimonial home along with her minor child-Criminal complaint-Filing of a petition by her husband in a District Court for restit	Disposing of the petition, the Court HELD: 1. In order to do complete justice in the matrimonial matters, this Court has been less hesitant in exercising its extra-ordinary jurisdiction under Article 142 of the Constitution. In view of peculiar	Click here to see Subject, Head Notes, Citation and Judgement
94	Sasi Thomas Vs. State & Ors.	Coram: S.B. SINHA, MARKANDEY KATJU	24/11/2006	Code of Criminal Procedure, 1973; Ss. 173(8), 216, 311, 391 and 482/Penal Code, 1860; Ss. 201 and 302: Murder of wife by husband-Obtaining of false certificate from doctor certifying heart-failure as the cause of death and buried the dead body-Bro	Disposing of the appeal, the Court HELD: 1.1. Proper and fair investigation on the part of the investigating officer is the backbone of rule of law. A proper and effective investigation into a serious offence and particularly in a case where there	Click here to see Subject, Head Notes, Citation and Judgement
95	Anil @ Raju Namdev Patil Vs. Administration of Daman & Diu, Daman & Anr.	Coram: S.B. SINHA, MARKANDEY KATJU	24/11/2006	Criminal Trial. Code of Criminal Procedure, 1973-Sections 215, 221 and 364-Misjoinder of charges-Effect-Held, accused should not suffer any prejudice by reason of misjoinder of charges-Conviction for lesser offence is permissible-Minor child kidna	Dismissing the appeal, the Court HELD: 1. The first part of the statement purported to have been made by the appellant-accused on 7.8.200 leading to recovery is not admissible in evidence. Both PW-2 and PW-3 as also PW-10 gave a vivid description	Click here to see Subject, Head Notes, Citation and Judgement
96	Gagan Kanojia & Anr. Vs. State of Punjab	Coram: S.B. SINHA, MARKANDEY KATJU	24/11/2006	Penal Code, 1860; Ss. 34, 201, 302 and 364/Evidence Act, 1872; Ss. 8 and 27/Evidence Act, 1872; Ss. 8 and 27: Kidnapping and murder-Children picked up by their relative who allegedly committed their murder-Circumstantial evidence-Appreciation of-C	Dismissing the appeals, the Court HELD: 1.1. The prosecution case is based on circumstantial evidence. Indisputably, charges can be proved on the basis of the circumstantial evidence, when direct evidence is not available. In doing so, the prosecu	Click here to see Subject, Head Notes, Citation and Judgement
97	Naveen Chandra Vs. State of Uttranchal	Coram: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA	27/11/2006	Penal Code, 1860; Ss. 34, Exception 1 and 4 to Section 300 and Section 304 Part I: Murder-Accused and deceased are relatives-Rivarly between them-Provocation-Deceased injured and later succumbed to injuries-Right to self defence and Exception 4 to	Partly allowing the appeal, the Court HELD:1.1. Fourth Exception of Section 300 IPC covers acts done in a sudden fight. The said exception deals with a case of prosecution not covered by the first exception, after which its place would have been m	Click here to see Subject, Head Notes, Citation and Judgement
98	Kulwinder Singh Vs. State of Punjab	Coram: S.B. SINHA, MARKANDEY KATJU	05/12/2006	Penal Code, 1860; s. 302 Murder-Accused persons hiring criminals to eliminate a relative-Criminals so hired shot him dead-Trial Court found all the accused persons except one guilty of committing murder and sentenced them to imprisonment for life-	Dismissing the appeal, the Court HELD:1.1.Though, the appellant and co-accused might not have been named by the first informant in the First Information Report, but what is clear and explicit in his statement made therein, was that they were the p	Click here to see Subject, Head Notes, Citation and Judgement
99	Hori Lal & Anr. Vs. State of U.P.	Coram: S.B. SINHA, MARKANDEY KATJU	05/12/2006	Penal Code, 1860; ss. 302, 307, 324 r/w s.149: Assault and murder-Land disputes-Unlawful assembly-Accused persons shot firearms injuring members of prosecution party-Two injured persons succumbed to injuries-FIR-Charge sheet-Trial Court convicted	Dismissing the appeal, the Court HELD: 1.1. Trial Court as also the High Court analysed the evidences brought on records by the prosecution very minutely. The First Information Report was promptly lodged. After such a ghastly crime was committed,	Click here to see Subject, Head Notes, Citation and Judgement
100	Subhash Harnarayanji Laddha à. Appellant Vs. State of Maharashtra à. Respondent	Coram: S.B. SINHA, MARKANDEY KATJU	05/12/2006	Penal Code, 1860; Ss. 302, 364, 465, 467, 471 r/w S. 120B: Conspiracy and murder-Land/property belonging to deceased allegedly sold by accused by forging power of attorney-Hatching of conspiracy and committed murder of the deceased misappropriated	Allowing the appeals, the Court HELD: 1.1. Purported circumstultra vires had weighed the Trial Judge as also the High Court to arrive at a finding of guilt against the accused-appellants revolve around execution of the sale deed as also the purpor	Click here to see Subject, Head Notes, Citation and Judgement
101	Parkash Singh Badal and Anr Vs. State of Punjab and Ors	Coram: DR. ARIJIT PASAYAT, S.H. KAPADIA	06/12/2006	Prevention of Corruption Act, 1947; s. 6(2)/Prevention of Corruption Act, 1988; ss. 7, 8, 9, 10, 11, 13, 15 and 19/Code of Criminal Procedure, 1973; ss. 2, 41, 154, 173 and 197: Prosecution of public servant-Protection from-Sanction before prosecu	Dismissing the appeals, the Court HELD: 1.1. This Court in the decided case of R.S. Nayak v. A. R. Antulay adopted a construction which is based on the avoidance of mischief rule. That being so, the plea that the effect of Section 6(2) of the Old	Click here to see Subject, Head Notes, Citation and Judgement
102	Bablu @ Mubarik Hussain àAppellant Vs. State of Rajasthan àRespondent	Coram: DR. ARIJIT PASAYAT, S.H. KAPADIA	12/12/2006	Indian Penal code, 1860; Section 302-death sentence-award of-rarest of rare cases-explained. Section 85-intoxication-defence of-when can be availed of-explained, however, can never be an excuse for the brutal, diabolic acts of the accused.	Dismissing the appeal, the Court HELD 1.1. Convicted can be based solely on circumstantial evidence but it should be tested by the touch-stone of law relating of circumstantial evidence laid down by the this Court, viz. (i) the circumstances from	Click here to see Subject, Head Notes, Citation and Judgement
103	Acharaparambath Pradeepan & Anr. àAppellants Vs. State of Kerala àRespondents	Coram: S.B. SINHA, MARKANDEY KATJU	15/12/2006	Indian Penal Code-Sections 302 and 149-Unlawful assembly with common object of committing murder-Deceased allegedly assaulted by several accused while teaching in a class in school-Only one accused identified by all of main prosecution eye witnesses	Disposing of the appeals, the Court HELD: 1 Description of a few persons were given in the statements of the child witnesses. Except A1, however, they were not arrested. The reason for their being not arrested had not been disclosed. They were arr	Click here to see Subject, Head Notes, Citation and Judgement
104	Navjot Singh Sidhu Vs. State of Punjab & Anr	Coram: G.P. MATHUR, R.V. RAVEENDRAN	23/01/2007	Code of Criminal Procedure, 1973-Sections 319 and 389-Conviction of sitting Member of Parliament to 3 years regorous imprisonment-Person resigning and seeking re-election from same seat-Conviction challenged-Person released on bail and execution of s	Allowing the application, the Court HELD : 1. By virtue of Sub-section (3) of Section 8 of the Representation of the People Act, 1951 the appellant incurred the disqualification as he has been sentenced to 3 years R.I. Sub-section (4) of Section 8	Click here to see Subject, Head Notes, Citation and Judgement
105	Shri Harendra Nath Borah Vs. State of Assam	Coram: DR. ARIJIT PASAYAT, S.H. KAPADIA	24/01/2007	Indian Penal Code, 1860. Sections 299 & 300-Distinction between `murder' and culpable homicide not amounting to `murder'-Held, in the scheme of IPC culpable homicide is genus and `murder' its specie-All `murder' is `culpable homicide' but not vice	Partly allowing the appeal, the Court HELD : 1. The crucial question is as to which was the appropriate provision to be applied. In the scheme of the Indian Penal Code, 1860 culpable homicide is genus and `murder' its specie. All `murder' is `culp	Click here to see Subject, Head Notes, Citation and Judgement
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