Court : Gujarat
Reported in : AIR1963Guj78; 1963CriLJ431; (1962)GLR503
Raju, J.1. This is an appeal by the State against the acquittal of the respondent, who was tried by the Juvenile Court at Baria, for an offence under Section 302 Indian Penal Code for having caused the death of his aunt Bai Vali.2. The prosecution case was that on the day of the offence i. e., on 8-7-59, the accused demanded seeds of maize from Shaku, the mother of the accused, and from Bai Jokhni and Bai Vali, the two wives of Vesta, who were then busy working in agricultural operations just near their hut; but the accused was told that there were no seeds to be spared. At that time deceased Vali went to the hut to drink water and was followed by the accused. After a few minutes, Shaku heard the sound of an axe-blow and found Vali lying on the ground with injuries on her head and she saw the accused running away. Bai Vali died soon after and the information was conveyed to the Police Station by Jokhni. In the meanwhile the accused went to the Police Station and was arrested there. Aft...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)ALD45(SC); (SCSuppl)2004(2)CHN5; 97(2004)CLT353(SC); 2004(1)CTC702; 2003(10)SCALE539; (2004)1SCC382; 2004(1)LC574(SC)
Ruma Pal, J.1. Leave granted.2. Baby Alka Singh is the daughter of Smt. Anokha and Sumer Singh Yadav. Sumer Singh Yadav was a taxi driver. The Respondents No. 2. and 3 are Italian nationals. During their frequent visits to India either singly or jointly for the last 20 years, they used Sumer Singh's taxi to tour the country. About three years ago, Sumer Singh died as a result of an accident which took place after he had dropped the respondents No. 2 and 3 at their destination. Sumer Singh and Anokha, the appellant before us, had six children, five of whom were girls. After Sumer Singh's death, the respondents No. 2 and 3 who at that point of time had no children of their own wanted to adopt one of the girls viz., Baby Alka. Smt. Anokha agreed. 3. In January 2001, a petition was filed by the respondents No. 2 and 3 under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890 in the Court of District Judge, Alwar in which it was stated inter alia that they were issue-less, that they ...
Tag this Judgment!Court : Kerala
K. Vinod Chandran, J. 1. A train of witnesses paraded before Court, turning hostile with careless abandon and the prosecution left helpless before a Court looking askance at the whole drama; is the bane of criminal judicial system in this country. Mounting the box, they deny the obvious, pretend ignorance of facts and give free play to their imagination making pursuit of truth a wild goose chase. When there is always clamour for fair trial by persons arraigned before Court, the same persons when arrayed as witnesses shed the cloak of righteous indignation and conveniently forget their duties as citizens to the society in general and administration of justice in particular. This insidious trend needs to be addressed with seriousness and concern by the law makers. Such woes apart - we are in this case concerned with the brutal murder of a young man allegedly by the appellant, another youth, along with two juveniles that too for the alleged motive of refusing to share an alcoholic drink. ...
Tag this Judgment!Court : Supreme Court of India
1) These appeals relate to a sensational case of triple murder of an Australian Christian Missionary - Graham Stuart Staines and his two minor sons, namely, Philip Staines, aged about 10 years and Timothy Staines aged about 6 years.2) Criminal Appeal No. 1366 of 2005 is filed by Rabindra Kumar Pal @ Dara Singh against the final judgment and order dated 19.05.2005 passed by the High Court of Orissa at Cuttack in Criminal Appeal No. 239 of 2003 whereby the High Court dismissed the appeal of the appellant upholding the conviction and commuting the death sentence passed by the trial Court into that of life imprisonment. Against the same judgment, Criminal Appeal No. 1259 of 2007 is filed by Mahendra Hembram challenging his life imprisonment awarded by the trial Court and confirmed by the High Court. Against the acquittal of rest of the accused by the High Court, the Central Bureau of Investigation (in short "the CBI") filed Criminal Appeal Nos. 1357-1365 of 2005. Since all the appeals aros...
Tag this Judgment!Court : Patna
I.P. Singh, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 14.6.05 passed by the learned 1st Addl. District & Sessions Judge, Madhubani in S.T. No. 253 of 2001 by which the was pleased to reject the petition filed on behalf of the petitioner to send his case to the Juvenile Court for the purposes holding an enquiry under Section 33 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 2000 Act).2. The prosecution case, in short, is that one Sudha Jha, wife of Diwakar Jha lodged her Fardbeyan on 24.3.2000 before the Officer Incharge of Lakhanpur Police Station in presence of her mother. At that time she was in an injured condition. In her Fardbeyan she alleged that at about 11.45 A.M. on the same day (24.3.2000) while she was returning with her daughter after offering Puja, her co-villager, namely, Amit Kumar Thakur (petitioner) came to her with a knife and q...
Tag this Judgment!Court : Delhi
Reported in : 1992CriLJ1906
B.N. Kirpal, J. (1) In this writ petition the main contentions raised are (1) that the question of custody of a girl Ameena Begum be referred to and decided by the Juvenile Board at New Delhi; and (2) declare Section 10(i) of the Hindu Adoption and Maintenance Act, 1956 as ultra vires.(2) Briefly stated, the facts are that on 10th August, 1991 one girl namely, Ameena Begum was found in the flight from Hyderabad to Delhi by the petitioner, who was the Air Hostess on that flight. The petitioner believed that Ameena Begum was illegally married off to an Arab national Mr. at Segeih. The said at Segeih was apprehended and produced before the Magistrate on that date and Ameena Begum was sent to the Nari Niketan. Thereafter, some proceedings were initiated and pursuant to an order passed by this Court, Ameena Begum was shifted to the Children's Home. The petitioner then applied to the Court of Addl. Chief Metropolitan Magistrate, New Delhi for custody of Ameena Begum. Towards the end of Augus...
Tag this Judgment!Court : Guwahati
B.B. Deb, J. 1. On a reference under Section 395(1) of the Code of Criminal Procedure, received from the learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with Sessions Trial No. 48(NT/D) of 2001, this Criminal Reference Petition has been registered. 2. The facts leading to the registration of this case could be summarised thus: On the basis of a chargesheet involving five accused persons including accused Shri Gopesh Debnath, appears to be a juvenile, in the commission of offence punishable under Section 376(1), 323 read with Section 34 of I.P.C., the learned Magistrate took cognizance and committed the case to the learned Additional Sessions Judge, After thorough perusal of the materials available and after hearing the learned counsel for the parties, the learned Additional Sessions Judge framed charge under Section 376(1) of the I.P.C. against the juvenile accused Shri Gopesh Debnath and under Section 323/34 I.P.C. against five accused persons including ju...
Tag this Judgment!Court : Delhi
1. This is a revision petition under Section 397 Cr.P.C preferred by the petitioner assailing an order dated 25.02.2011 passed by learned trial court whereby an application under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 ("the Act" for short) made by the petitioner seeking transfer of the case to Juvenile Court was dismissed.2. The petitioner was charge-sheeted under Section 302 IPC vide FIR No. 388 of 2006 registered at Police Station Kotla Mubarak Pur, New Delhi. The petitioner filed the aforementioned application claiming himself to be a juvenile and hence prayed that he should be tried by Juvenile Justice Board (JJB) under the Act. The incident occurred on 5.6.2006. The bone test and dental examination of the petitioner was conducted by the Medical Board on 23.4.2008. As per this the age of the petitioner was opined to be 20 to 22 years.3. In the MLC of the petitioner conducted after his arrest, his age was mentioned as 18 years. In the letter ...
Tag this Judgment!Court : Mumbai
Oral Judgment: (A.R. Joshi, J.) 1. Heard rival submissions on both these criminal appeals respectively preferred by the original accused No.2 and accused No.1 challenging the judgment and order of their conviction passed in Sessions Case No.145 of 2011 by the Additional Sessions Judge, Satara. As in both the Criminal Appeals, the same judgment and order is challenged, both the appeals are being disposed of by this common judgment. 2. By the impugned judgment and order dated 29.3.2012 both the appellants were convicted for the offence punishable under Section 302 read with Section 34 of IPC and were sentenced to suffer imprisonment for life each and to pay fine of Rs.500/- each, in default to suffer SI for six months each. They were also convicted for the offence punishable under Section 452 read with Section 34 of IPC and were sentenced to suffer RI for five years each and to pay fine of Rs.500/- each, in default to suffer further SI for six months each. 3. At the threshold it must be ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT1; 1992CriLJ334
1. This appeal is filed by the convicted accused against the conviction and sentence in S.C. No. 433/89 on the file of the Addl. Asst. Sessions Judge, Narasaraopet. The appellant-accused was tried for an offence u/S. 376, I.P.C. on the allegation that on 12-5-88 at about 4 p.m. he raped P.W. 2 Gurram Murthamma, a girl aged about 10 years when she was in her Pillipesara crop land of her village. The court found the accused guilty of the offence u/S. 376 IPC and sentenced him to suffer R.I. for 7 years and to pay a fine of Rs. 100/- and in default to suffer S.I. for 30 days. Aggrieved by the conviction and sentence he filed the present appeal. 2. The facts leading to the present appeal are as follows : P.W. 2 G. Murthamma is the daughter of P.W. 1. On the fateful day i.e. on 12-5-88 P.W. 2 was sent to the fields to watch the crop of Pillipesara. While she was in the Pillipesara crop, the accused V. Lakshminarayana came to that place and committed rape on the girl. After raping her the ac...
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