Court : Supreme Court of India
Decided on : Nov-28-1973
Reported in : AIR1974SC323; 1974CriLJ354; (1974)3SCC656; [1974]2SCR518; 1974(6)LC98(SC)
..... evidence tendered by the prosecution in the sessions court, no prejudice can be said to have been caused to the appellant by reason of his conviction under section 302 read with section 34, penal code, even though the two other accused specifically named in the charge have been acquitted. indeed, the very line of defence adopted by ..... it is, therefore, clear that notwithstanding the charge, the acquittal of mahendra singh and lakhan singh raises no bar to the conviction of the appellant under section 302 read with section 34. a possible prejudice to the accused, on a reasonable view of the course the trial has taken, is the true touchstone of such matters and ..... prosecution case was that the appellant along with three persons had committed the crime. the appellant and those three persons were charged with the offence under section 302 read with section 34 i.p.c. the sessions judge did not believe the prosecution evidence and acquitted all of them. on appeal the high court convicted the] .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC276; 1974CriLJ331; (1974)3SCC698; 1974(6)LC121(SC); 1973()WLN998
..... for some unknown reason, and was kept locked up before he gave his statement. it may also be mentioned here that the statements of prosecution witnesses were recorded under section 164 criminal procedure code also during the investigation. it is true that the evidence of champoli is not as reliable as the high court thinks. further more, the evidence of ..... claim of brijmohan the murdered man who was said to be in actual possession of it. the party of the accused had threatened him so that proceedings under section 107 criminal procedure code had to he instituted against the accused who had also been prosecuted for the theft of the crop by brijmohan. the theft case was pending when ..... , he was shown to have been regularly deposing against the accused persons. the high court considered the testimony of such a witness to be too 'hazardous' to be acted upon.8. the evidence of banwari, p.w. 7, the son of deceased brijmohan, a resident of timava, had been rejected by the high court mainly because he .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1973
Reported in : AIR1973SC2241; (1973)2SCC424
..... the high court convicted him of the offence under section. 302, i.p.c. and sentenced him to rigorous imprisonment- for life. the lesser penalty was awarded to him because of his young age. it may be pointed out ..... had caused injury no. 1 which was in all probability sufficient to cause death in the ordinary course of nature, and that he was, therefore, guilty, of the offence under section 302, i.p.c.. the order of the trial court acquitting the appellant of the charge of murder was, therefore, considered erroneous. setting aside the order of his acquittal, ..... impugned judgment and order is not open to any serious challenge and must, therefore, be upheld. the high court has not out-stepped its statutory jurisdiction and has not acted beyond its competence as a court of appeal from the order of acquittal. this appeal accordingly must fail and is dismissed. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-1973
Reported in : AIR1973SC1204; 1973CriLJ769; (1973)1SCC714; [1973]3SCR571
..... for a bench of five judges, after referring to various decisions including sheo swarup (supra) and nur mohammad v. emperor . laid down the correct principle as follows :section 423(1) prescribes the powers of the appellate court in disposing of appeals preferred before it and clauses (a) and (b) deal with appeals against acquittals and appeals ..... no genuine change of heart amongst the rival parties the station officer of the police station did not agree to drop the proceedings. there was also another proceeding under section 107, cr. p.c. in which gulzarilal, pannalal, gurwa and ramgopal had been bound down. it is also alleged that on the murder of one munni banin ..... court for the purpose of showing that the trial court's judgment proceeded on a possible view of the evidence on the record and, therefore, the high court acted contrary to the observations made by this court in the above decisions. we were also taken through the relevant evidence on the record by the, appellants' learned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-14-1973
Reported in : AIR1973SC2505; (1974)3SCC295; [1974]1SCR367; 1973(5)LC790(SC)
..... designated an unlawful assembly if the common object of the persons composing that assembly is to do any of the acts mentioned in the five clauses of section 141 indian penal code. according to the explanation to that section, an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly. the facts found by ..... and the circumstances of the case do not show that the appellants formed a common object to do any of the acts mentioned in the five clauses of section 141. reference has been made to clause (4) of section 141, according to which an assembly of five or more persons would be unlawful if the common object of the ..... appellants, in our opinion, should be held to be liable for his individual act and not vicariously liable for the acts of others.11. lalji gave the spear blow in the abdomen of pancham. his conviction should, therefore, be maintained for the offence under section 304 part i indian penal code. the sentence of rigorous imprisonment for a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC294; 1974CriLJ345; (1974)3SCC643; 1974(6)LC92(SC)
..... of a statement made during investigation to the asi by some witness whose name even has not been disclosed. since the asi had already registered the case under section 154, criminal procedure code, after obtaining the first information report from suraj bhan and proceeded to the spot in the course of investigation, any statement made by witnesses during ..... the course of investigation would be hit by section 162(1), criminal procedure code and inadmissible in evidence except for the purpose of contradiction of the witness when examined in court either by the accused or by prosecution ..... submits that the accused is 21 years of age and should be dealt with leniently or, at any rate, under the provisions of the probation of the offenders act. we are not at all satisfied that the accused was under 21 years of age at the time of occurrence. he has given different age at different .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-1973
Reported in : AIR1973SC930; 1973LabIC565; (1973)1SCC420; [1973]3SCR236
..... by following the appropriate procedure laid down by the constitution.27. in identifying backward classes, therefore, one has to guard oneself against including therein sections which are socially and educationally advanced because the whole object of reservation would otherwise be frustrated. in this connection it must also be remembered ..... scheduled castes and scheduled tribes, and that the provision made is for their advancement. reservation may be adopted to advance the interests of weaker sections of society, but in doing so, care must be taken to see that deserving and qualified candidates are not excluded from admission to higher ..... february 3,1969. this committee made its report in november. 1969 recommending several classes of citizens who deserved to be described as socially and educationally backward. acting substantially on the recommendations of the committee the state government issued on april 18, 1970 the jammu & kashmir scheduled castes and backward classes (reservation rules .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-1973
Reported in : AIR1973SC2498; (1973)2SCC737; [1974]1SCR399
..... said that these improvements could have been effected in good faith. with respect to the allegation that an order of forfeiture was not served on the appellant under section 9 of the act, the court observed that though the state had in its written statement contended that such an order had been passed, no order was produced in evidence and ..... of forfeiture being passed, the respondent could forfeit the improvements. on this issue it was held that no notice of forfeiture of trees, need be given under section 9 of the act and, therefore no compensation or damages were payable in respect thereof.5. the high court accepted the finding of the trial court on this issue it observed ..... advocate for the appellant sought to make out a fresh case, namely, that as the appellant was not served with a notice to quit as required under section 9 of the act but was forcibly evicted without giving him an opportunity of cutting and taking away the trees etc. from the lands from which he was evicted, he would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1084; (1974)1SCC446; [1974]2SCR679
..... conscience upheld by the english judges, though also sanctified by the statute relating to private trusts. the court below have drawn inspiration from section 83 of the trusts act and we are not inclined to find fault with them on that score because the provision merely reflects a rule of good conscience and ..... law commission of india in a recent report law commission of india, 54th report-civil procedure code on amendments to the civil procedure code has suggested the deletion of section 80, finding that wholesome provision hardly ever utilised by government, and has gone further to provide a special procedure for government litigation to highlight the ..... connotes a public trust. the next question is whether the indian trusts act, 1882, applies to the present case. the courts below have argued themselves into an application of section 83 of the trusts act. sri dixit rightly objects to this course because that act relates only to private trusts, public charitable trusts, having been expressly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1973
Reported in : AIR1973SC1406; (1973)2SCC189
..... jaipal singh. in the absence of any pleadings or issues no material has been placed on the record to show that in view o2 the provisions of section 57 of the aforesaid act there could not be a valid marriage according to the munda customary law. it must be remembered that the respondent contracted a marriage with late shri jaipal ..... given by the respondent in her evidence in that case were sought to be exploited in this court for the purpose of supporting a new argument under section 57 of the indian divorce act, 1869 although there was no plea either in the pleadings or in the arguments before the learned judge who decided the petition. the observations proceed on ..... made absolute. none of the issues which were framed by the high court involves the question now sought to be agitated based on the provisions of section 57 of the indian divorce act. it appears that advantage is sought to be taken from the statement of the respondent about the dates when the decree absolute was granted and when .....
Tag this Judgment!