211	STATE OF ANDHRA PRADESH Vs. GANGULA SATYA MURTHY	Coram: A.S. ANAND, K.T. THOMAS	19/11/1996	Indian Penal Code, 1860-Sections 302, 376-Rape and murder- Forcible sexual intercourse-Inference can be drawn from circumstances and medical evidence- The act of throttling indicating vehement resistance by the victim-Extra judicial confession of	Allowing the appeal, this Court HELD: 1.1. The High Court erred substantially in upsetting the conviction and sentence passed by the Sessions Judge supported by sound and sturdy reasons. [818 F) 1.2. The High Court has chosen to advance fragi	Click here to see Subject, Head Notes, Citation and Judgement
212	THE STATE OF PUNJAB Vs. SARWAN SINGH	Coram: K. RAMASWAMY, G.B. PATTANAIK	19/11/1996	Indian Penal Code, I860 : Ss. 300, 302 and 304-Group fight-Members of both groups sustained injuries- One member died as a result of multiple injuries caused by respondent with gandasa-Trial Court and High Court found that four injuries inflicte	Held, in view of four injuries inflicted on the head of deceased by respondent with gandasa, it is obvious that respondent had knowledge that the injuries would result in, death of victim-Respondent had taken undue advantage and acted in a cruel m	Click here to see Subject, Head Notes, Citation and Judgement
213	ASHOK YADAV AND ORS. Vs. STATE OF MADHYA PRADESH	Coram: DR. A.S. ANAND , K.T. THOMAS	19/11/1996	Indian Penal Code, 1860 : Ss.363, 364 and 302-Kidnapping-A school going child kidnapped- Later he was found dead-Appellants prosecuted u/Ss, 364 and 302-Trial-- Prosecution led evidence as regards kidnapping-.....Circumstantial evidence-Convicti	Held, evidence led by prosecution is of conclusive nature as regards kidnapping of the deceased, but inconclusive with regard to offence of murder-Chain of evidence not complete as to leave no doubt about the conclusion that appellants committed t	Click here to see Subject, Head Notes, Citation and Judgement
214	HARDEV SINGH, SUBA SINGH Vs. HARBHEJ SINGH & ORS.	Coram: M.K. MUKHERJEE, S.P. KURDUKAR	20/11/1996	Criminal Law : Criminal Trial-Witness-Closely related-Evidence of-Both witnesses gave minute details of weapons used by accused and manner of assaulting deceased-Their evidence corroborated from fact that bloodstained earth seized from site of	Allowing the appeal, this Court HELD : 1.1. The prosecution had examined two relatives of the deceased (P.Ws 2 and 3 ). Merely because other independent witnesses who came to the place of incident were not examined could not be a ground to discr	Click here to see Subject, Head Notes, Citation and Judgement
215	GAJANAN. Vs. STATE OF MAHARASHTRA	Coram: A.S. ANAND, K.T. THOMAS	20/11/1996	Indian Penal Code, 1860 : S. 302/34-Appellant along with another prosecuted for murder- Trial Court acquitted them holding that witnesses claiming to be eye witnesses did not see the actual incident; their testimony does not inspire confidence a	Held, High Court should not have interfered with the order of acquittal more so when the reasons given by the trial court were neither perverse nor even unreasonable-Trial Court gave cogent and sufficient reasons to acquit the appellant-High Court	Click here to see Subject, Head Notes, Citation and Judgement
216	MOHMEDRAFIZ HUSENMIYA THAKORAND OTHERS Vs. STATE OF GUJARAT	Coram: A.S. ANAND, K.T. THOMAS	03/12/1996	Criminal Law : Indian Penal Code, 1860-Section 302/Terrorist and Disruptive Ac-tivities [Prevention] Act,-Section 3 and 4-Prosecution under-With regard to 5 appellants identification by eye-witness corroborated by other wit-nesses- Held, convic	In appeal u/s 19 of TADA Act, this Court HELD : 1. The Court is unable to sustain the conviction of four appellants who are A-43, A-44, A-47 and A-48. Therefore, the conviction and sentence passed on them is set aside. No other witness has suppo	Click here to see Subject, Head Notes, Citation and Judgement
217	JIVAN LAL AND ORS. Vs. STATE OF MADHYA PRADESH	Coram: A.S. ANAND, K.T. THOMAS	04/12/1996	Evidence Act, 1872 : Section 134-Sole eye witness-Evidentiary value of-Conviction can be based on the sole testimony of eye witness provided the same is found to be wholly reliable-Where the testimony of such a witness is partly reliable, prude	Held, Trial Court and High Court committed no error in relying upon her testimony-Appreciation evidence by both the courts below was proper-Merely because, 10 other persons named by her as accused were acquitted, would not render her testimony as	Click here to see Subject, Head Notes, Citation and Judgement
218	DY. GENERAL MANAGER,REDESIGNATED AS DEPUTY DIRECTOR,INTER S Vs. SMT. SUDERSHAN KUMARI & ORS. ETC.	Coram: K. RAMASWAMY, G.T. NANAVATI	09/12/1996	Indian Penal Code, 1860: Section 199. Filing of false certificate and false affidavits in Court-Punishment for- Appeal preferred before Supreme Court by respondent-False certificate and false affidavit filed before Supreme Court-Respondent convi		Click here to see Subject, Head Notes, Citation and Judgement
219	BALRAM PRASAD AGRAWAL Vs. THE STATE OF BIHAR & ORS.	Coram: G.N. RAY, S.B. MAJMUDAR	10/12/1996	Evidence Act, 1872 : Section 60. Hearsay-Admissibility of--Testimony of witness on basis of informa-tion of another person-The said informant was also examined-Witness also approached police and lodged FIR based on that information-Informant tur	Allowing the appeal, this Court HELD : 1.1. Even if the nature of information alleged to be conveyed to the father of the deceased by the neighbours about what was actually heard by them on the fateful night may be ruled out as hearsay, the fact	Click here to see Subject, Head Notes, Citation and Judgement
220	RATTAN SINGH Vs. THE STATE OF HIMACHAL PRADESH	Coram: A.S. ANAND, K.T. THOMAS	11/12/1996	Criminal Law : Evidence Act, 1872 : Section 32(1). Admissibility of statement made by a person who was dead-Condi-tions to be satisfied-Accused intruded into courtyard of house of deceased during dead of night-Deceased cried out that accused	Dismissing the appeal, this Court HELD: 1.1. If the statement of the deceased that the appellant was standing nearby with a gun had been made when the deceased was under expectation of death it becomes dying declaration in evidence after her dea	Click here to see Subject, Head Notes, Citation and Judgement
221	MAHENDRA RAI Vs. MITHILESH RAI & ORS.	Coram: M.M. PUNCHHI, FAIZAN UDDIN	13/12/1996	Criminal Law: Criminal Procedure Code, 1973 : Section 174. Inquest report-Eye witnesses-Evidence of-Who were also witnesses to inquest report-Held: S. 174(1) did not require mention of names of assailants in inquest report-Hence such evidence	Allowing the appeal partly, this Court HELD 1. Section 174 of the Criminal Procedure Code, 1973 con-templates the preparation of an inquest report by the police officer in the presence of two or more respectable inhabitants of the neighbourhood	Click here to see Subject, Head Notes, Citation and Judgement
222	SMT. RASHMI KUMAR Vs. MAHESH KUMAR BHADA	Coram: K. RAMASWAMY, S.B. MAJUMUDAR, G.T. NANAVATI	18/12/1996	Hindu Law : "Stridhana"-Meaning and nature of-Held : Wife absolute owner of stridhana property-Not a joint property of wife and husband. Penal Code, 1860 : Sections 405 and 406. "Stridhana" property-Entrustment of-To husband or other member	Allowing the appeal, this Court HELD: 1.1. Properties gifted to the bride before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to	Click here to see Subject, Head Notes, Citation and Judgement
223	NET RAJ SINGH Vs. STATE OF M.P.	Coram: DR. A.S. ANAND AND K.T. THOMAS	19/12/1996	Evidence Act, 1872 : Sections 101 to 111, 114--Burden of proof- Presumptions-Rule and effect of. Section 114 Illustration (a)-Presumption-Drawing of-Possession of silver todal within two days of dacoity-No evidence to show accused concealed it	Allowing the appeal, this Court HELD : 1.1. No doubt the illustration is only an example or at the utmost is a guideline. Nonetheless the illustration has a logical basis. Section 114 of the Evidence Act, 1872 helps the court in deciding on whom	Click here to see Subject, Head Notes, Citation and Judgement
224	C.K. DAMODARAN NAIR Vs. GOVT. OF INDIA	Coram: M.K. MUKHERJEE, S.P. KURDUKAR	08/01/1997	Criminal Law : Penal Code, 1860-Section 161-Offence under-Ingredients of-Presumption under S.4 of-Prevention of corruption-Act-Raising of-Held: Offence under S.161 IPC could be established by proof of cither "acceptance" or "obtainment" of ille	Dismissing the appeal, this Court HELD: 1.1. In the instant case to sustain the charge under Section 161 of the Indian Penal Code, 1860 against the appellant the prosecution was required to prove that (i) the appellant was a public servant at	Click here to see Subject, Head Notes, Citation and Judgement
225	STATE OF RAJASTHAN Vs. ANI @ HANIF AND OTHERS	Coram: A.S. ANAND, K.T. THOMAS	13/01/1997	Criminal Law : Evidence Act, 1872 : Section 165 : Trial Judge--Powers and duly of-Trial Judge interjected during cross- examination of a witness to get a confusion in his mind cleared-Held: the trial Judge was within his powers in so interjectin	Allowing the appeal, this Court HELD: 1.1. Section 165 of the Evidence Act, 1872 confers vast and unrestricted powers on the trial court to put "any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact	Click here to see Subject, Head Notes, Citation and Judgement