Court : Supreme Court of India
Reported in : AIR1954SC704
Venkatarama Ayyar, J.1. This is an appeal by special leave against the judgment of the High Court of Allahabad. confirming the conviction of the appellant under Section 302, I. P. C. and the sentence of death passed on him by the Sessions Judge, Unnao. The charge against the appellant was that on the night of the 26th May 1952 he murdered his father, Manna and his stepmother, Kailasha, There was no direct evidence connecting him with the offence. The only question is whether the circumstantial evidence in the case is sufficient to sustain the conviction.2. The appellant had become divided from his father some four years prior to the occurrence, and was living apart in another house separated from that of his father by a gonda. On the morning of the 27th May 1952 both Manna and Kailasha were found dead lying amidst blood with multiple injuries on their bodies. The matter was reported to the chaukidar, P. W. 1, who made the first information report, Exhibit P-1. Therein he stated: 'Bitte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC706
Jagannadhadas J.1. These two appeals are against a judgment of the High Court of Allahabad dated the 8th May, 1953, and arise out of a trial before the Sessions Judge of Muzaffarnagar of the three appellants herein along with ten others in respect of charges under Section 148, and Sections 302 as well as 323 read with 149 of the Indian Penal Code. The Sessions Judge acquitted these ten persons of all the charges. But so far as the three appellants are concerned, though acquitted in respect of the charge under Section 302, I.P.C., they were convicted under Section 304(1) as well as under Section 323, I. P. C. read with Section 34, I.P.C.The appellants in Cr. A. 37 of 1953, Kripal and Bhopal, were sentenced to five years rigorous imprisonment and a fine of Rs. 100 and the appellant in Cr. A. 77 of 1953, Sheoraj, was sentenced to four years rigorous imprisonment and a fine of Rs. 100. The three appellants filed appeals to the High Court in respect of their convictions and sentences, while...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC711
Venkatarama Ayyar, J. 1.The appellant was convicted by the First Class Magistrate, Hoogly for an offence under Section 354, I.P.C. and sentenced to two years' rigorous imprisonment. On appeal the Sessions Judge, Hoogly, confirmed both the conviction and the sentence, and a revision petition preferred to the High Court was rejected. This matter now comes before us on special leave under Article 136.2. The facts which are not in dispute may first be stated.Smt. Parul Bhattacharya, P. W. 6, is the wife of C. W. 1, who was employed in the Sodepur colliery. She came to Calcutta for confinement, and after delivery she started to rejoin her husband and boarded the Moghalsarai Passenger on 11-9-1951. She was escorted by a relation of hers, Rabindra Narayan Chakrabarti, P. W. 5. They got into an inter-class compartment.Another lady, Jyotsna Das, P. W. 9, travelling by the same train to see her father who was ill at Barakar, got into the same compartment at Howrah. She was escorted by P. W. 1, a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC236; [1954]1SCR817
Bose, J.1. This is an appeal against a decision of the Nagpur Election Tribunal. The contest before the tribunal was about two seats in the Bhandara Parliamentary Constituency. The elections were held on five days in December, 1951, and January, 1952. 2. Thirteen candidates filed nomination papers, among them the petitioner. Of these, six contested the seat reserved for the Scheduled Castes. One of these was Gangaram Thaware who has since died. 3. The Scheduled Caste in question is the Mahar caste. Objection was taken to Thaware's nomination for the reserved seat on the ground that he was not a Mahar. It is admitted that he was born a Mahar, but later in life he joined the Mahanubhava Panth. This, according to the appellant, is a sect which does not believe in caste, and alternatively that it forms a separate caste in itself. The contention was that when Gangaram Thaware joined the Panth he ceased to be a member of the Mahar Caste. The objection succeeded and his nomination was rejecte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC229; 1954CriLJ712; [1954]1SCR933
Ghulam Hasan, J.1. This batch of appeals raises a common question of the Constitutional validity of section 7 of the Influx from Pakistan (Control) Act (XXIII of 1949). Section 3 of the same Act is also assailed on behalf of some of the appellants but for the purpose of deciding these appeals it will not be necessary to with the latter question. 2. Criminal Appeals Nos. 65 and 66 of 1952, which are directed against the judgment and order of the High Court of Judicature at Bombay in two petitions under article 226 of the Constitution praying for the issue of a writ of mandamus requiring the respondent not to remove them from India on the ground that the impugned section 7 is void may be treated as the leading case which will govern the other appeals. 3. The facts of each of these appeals are slightly different but they proceed upon the common assertion that the appellants are citizens of the Indian Republic. This fact was assumed in the leading case but it is not disputed that the statu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC714
Bhagwati, J.1. Special leave was granted to the appellant to file this appeal limited to the question of sentence only. Shri Nur-ud-Din Ahmed appearing for the appellant urged before us that after the learned Sessions Judge pronounced his judgment and awarded to the appellant the sentence of transportation for life, the State did not file any revision against that sentence but it was the complainant who moved the High Court in revision and the High Court in revision enhanced the sentence from transportation for life to one of death. He also urged that after the decision was pronounced by the High Court on the 16th April, 1951, the appellant filed an application for leave to appeal to the Supreme Court on the 15th May, 1951, and this application for some reason or the other was not disposed of by the High Court till the 13th March, 1953. He, therefore, contended that the sentence of death which was awarded to the appellant should be commuted to one of transportation for life.2. In regar...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC245; 1954(2)BLJR183; (1954)IILLJ678SC; [1954]1SCR788
Mahajan, C.J. 1. This is an appeal by the State of Bihar against the judgment of the High Court of Judicature at Patna whereby the High Court passed a decree for arrears of salary of the respondent against the State from the 30th July, 1940, up to the date of the institution of the suit. 2. The undisputed facts of the case are : That the respondent was appointed a Sub-Inspector of Police by the Inspector-General of Police, Bihar and Orissa, in January, 1920. In the year 1937 departmental proceedings were taken against him and he was found guilty of cowardice and of not preparing search lists and was punished by demotion for ten years. On appeal, the Deputy Inspector-General of Police held that the respondent was guilty of cowardice but acquitted him of the other charge. By an order dated the 23rd July, 1940, which was communicated to the respondent on the 29th of July, 1940, the Deputy Inspector-General of Police having found him guilty of cowardice made an order dismissing him from se...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC251; [1954]1SCR779
Das, J.1. This is an appeal arising out of a judgment delivered on the 27th April, 1951, by a Bench of the Madras High Court in C.M.P. No. 4697 of 1951 filed under article 226 of the Constitution for the issue of a writ of certiorari or other appropriate writ to call for the records and quash the order of the Government passed under section 4(1) of the Madras Act XLIII of 1949 declaring the undertaking of the appellant company to vest in the Government. 2. The appellant company was formed and registered under the Indian Companies Act in 1924 with the object, inter alia, of generating and supplying electrical energy to the public in Rajahmundry. In 1949 the Madras Legislature passed the Madras Electricity Supply Undertakings (Acquisition) Act, 1949. The Act received the assent of the Governor-General on the 18th January, 1950, and was published in the Official Gazette on the 24th January, 1950. Upon the Constitution of India coming into force on the 26th January, 1950, the Act was submi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC253; [1954]25ITR265(SC); [1954]1SCR767
Das, J.1. The is an appeal by special leave from the judgment of the Patna High Court delivered on a reference made by the Income-tax Appellate Tribunal under section 66(1) of the Indian Income tax Act. 2. The tribunal referred the following two questions for the opinion of the High Court : 1. On the facts and in the circumstances of this case is the surplus of Rs. 13,05,144 arising out of the sale of the plant and machinery of the sugar factory chargeable under section 10(2)(vii) 2. Was the profit of Rs. 15,882 on the sale of stores of the factory taxable under the Income-tax Act in the circumstances of this case 3. The reference came up for hearing before a Division Bench consisting of Shearer and Sarjoo Prasad JJ. and after a prolonged hearing the learned Judges delivered separate judgments on the 27th February, 1951, giving divergent answers to the questions, Shearer J. answering both the questions in the negative and Sarjoo Prasad J. giving an affirmative answer to both of them. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC621
ORDER This Robkar be sent to the Sub-Judge, Una, with the request that the Nazir may be kindly instructed to comply (with the above instructions) in future.' Thus not only was there a departure from the previous practice by way of drawing cash also for the outlying stations under the specific orders of the Subordinate Judge but when delay in payment was made a matter of complaint no action was taken thereon but there was only an attempt to gain time by adopting the device of appearing to make a general change in the practice for the future and asking the outlying Nazirs to go over to Sadar for receiving the moneys.The Subordinate Judge disclaims responsibility for these circumstances, by putting forward the plea that he signed the scoring out in the salary bill merely as a matter of routine and without being conscious of the implication thereof and that the instructions in Ex. P. W. 9/A were issued without his knowledge. He asserts that the appellant alone was responsible in getting hi...
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