Court : Supreme Court of India
Reported in : AIR1974SC294; 1974CriLJ345; (1974)3SCC643; 1974(6)LC92(SC)
Goswami, J1. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana whereby the appellant, Sat Kumar, stands convicted under Sections 325/34 and 323/34 of the Indian Penal Code. He was sentenced to two years rigorous imprisonment under Section 325 IPC and six months rigorous imprisonment under Section 323 IPC. Both the sentences were to run concurrently.2. Originally there were four accused, namely, Ravi Dutt, his son, Ram Kumar and Narain Dutt and his son, Sat Kumar, who were committed to the Court of Sessions for trial under Sections 120B, 307/34, 325/34, and 323/34 IPC. The prosecution story is that Suraj Bhan (PW 3) the injured person, was on inimical terms with the accused. During 1966-67 when Ravi Dutt was the Chairman of the Market Committee, Uchana, a successful 'no confidence motion' was moved against him and Ravi Dutt suspected Suraj Bhan as the instigator of the move to remove him which was effected on 6th March, 1967. It is all...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1354; 1974CriLJ614; (1974)3SCC638
M.H. Beg, J.1.The appellant Budh Singh,. who was the Manager of the Rural Co operative Bank Ltd., Niwaz Nagar, in Maharashtra from 1962-64, was acquitted of charges under Sections 409 and 477A, Indian Penal Code, by the learned Additions Sessions Judge, Sangrur. On an appeal against his acquittal, the High Court of Punjab and Haryana, by means of a very though and careful judgment, set aside the acquittal. It convicted him under Section 409, I.P.C. and sentenced him to one year's rigorous imprisonment and to pay a fine of Rupees 3,000/- and in default of payment of fine, to undergo three months' further rigorous imprisonment, It also convicted him under Section 477A, I.P.C. and sentenced him to six months' rigorous imprisonment. The sentences were directed to run concurrently. A direction was also given that, out of the fine recovered, a sum of Rs. 2,856.29, will be paid to the Bank.2. It appears that large sums of money were deposited by Gram Panchayats in the Cooperative Bank after g...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC423; 1974LabIC353; (1974)ILLJ260SC; (1974)1SCC218; [1974]2SCR335
Mathew, J.1. This appeal, by certificate, is directed against the judgment and decree dated September 8, 1970 of the Allahabad High Court. The short facts of the case are as follows. The respondent Sughar Singh was a permanent head constable in the U.P. Police Force between 1950 and 1960. Some time in 1960, he was deputed for training as a cadet sub-inspector at the Armed Police Training center at Sitapur. On March 16, 1961, Sughar Singh was appointed an officiating Platoon Commander. He worked in that post till August, 1968. While working as a Platoon Commander, on July 22, 1966, the respondent was served with a notice by the Senior Superintendent of Police, Kanpur, in which he was asked to show cause within 10 days' of the receipt of that notice as to why the following adverse entry should not be entered in his character roll :1966-Is suspected to have got entries of date of birth and educational qualifications altered on the authority of a fictitious certificate which had to be corr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC775; 1974CriLJ510; (1974)3SCC562; 1974(6)LC82(SC)
Chandrachud, J.1. Eight persons were put up for trial before the learned Additional Sessions Judge, Cuttack, on the charge that at about 8 p.m. on October 17, 1965, they had committed the murder of one Siba Prusty. The appellant and one other accused were charged under Section 302, Penal Code, simpliciter and they were also charged along with others under Section 302 read with Section 34 of the Penal Code. Accused No. 6, Ratnakar Prusti, was granted pardon after the evidence of as many as 31 witnesses was recorded and he was examined as an approver. The learned Judge acquitted all of the accused and in an appeal filed by the State of Orissa that order was confirmed by the High Court of Orissa except in regard to the appellant who has been convicted under Section 302 of the Penal Code and has been sentenced to imprisonment for life. The appellant challenges the correctness of his conviction in this appeal by special leave.2. On the evening of October 17, 1965, the deceased Siba Prusty a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1351; 1974CriLJ612; (1974)3SCC639; 1974(6)LC78(SC)
Beg, J.1. The appellant was convicted by the Sessions Judge of Mehsana of offences punishable under Sections 302 and 323, I.P.C. and sentenced to life imprisonment and three months rigorous imprisonment respectively, the sentences running concurrently. The High Court of Gujarat had confirmed the convictions and the sentences awarded. The appellant had obtained special leave to appeal to this Court.2. The incident giving rise to the appellant's prosecution is said to have occurred on 20th of June 1968 outside the house of Mathurji, P.W. 2, where the deceased Chanduji and Mobtaji, P.W. 3 were said to be sitting at about 6.00 P.M. in the evening. Chanduji deceased is said to have gone there to obtain his share of the income of some mangoes sold by Mathurji, P.W. 2. The appellant had a grudge against Chanduji, because of his suspicion that Chanduji had illicit relations with his niece and had made her pregnant. There had been a quarrel between the two sides which had lead to criminal count...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC299; 1974CriLJ350; (1974)3SCC628; 1973()WLN992
Y.V. Chandrachud, J.1. A private complaint was filed by one Rameshwarlal son of Laduram against the appellants under Sections 464, 467, 468 and 471 of She Penal Code. The appellants took a preliminary objection that the court was incompetent to take cognizance of the offences by reason of the provisions contained in Section 195(1)(c) of the CrPC. The objection was rejected by the learned Magistrate, the Sessions Court refused to make a reference to the High Court and the High Court of Rajasthan dismissed the revision petition filed by the appellants. This appeal by special leave is directed against the judgment of the High Court.2. The complainant Rameshwar-lal alleges that the appellants forged the will of one Kharturam, produced it before the Patwari and used it as a piece of evidence in support of their title to a land. It is not quite clear from the complaint, but the parties seem to have proceeded on the basis that the Tehsildar directed that entries be made in the Record of Right...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC388; 1974CriLJ447; (1974)3SCC630; 1974(6)LC76(SC)
Chandrachud, J.1. The appellant who was accused No. 3 in the court of the learned Judicial Magistrate, 1st Class, Buldana, was tried along with two others under Section 408 of the Penal Code on the charge that he committed breach of trust in respect of a sum of Rs. 7,000/-. The learned Magistrate convicted all the three accused and sentenced the appellant to rigorous imprisonment for six months. The learned Sessions Judge, Buldana, in appeal, acquitted accused No. 1 but maintained the conviction and sentence of the appellant and of accused No. 2. That order having been confirmed by the High Court, Bombay, Nagpur Bench, accused No. 3 has brought this appeal by special leave.2. The three accused were employees of the Chikhli Taluka Sahakari Shatki Kharedi Vikri Samiti Ltd., Chikhli. The Samiti has its head office at Chikhli and a branch office at Buldana. Accused No. 1 was working as an accounts clerk at the Buldana branch, accused No. 2 was an account clerk usually stationed at Chikhli ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC218; 1974CriLJ307; (1974)3SCC595; 1974(6)LC36(SC)
Dwivedi, J.1. It is an appeal against the judgment of the Delhi High Court affirming the judgment of the Special Judge. By his judgment the Special Judge has convicted the appellant under Section 5(2) of the Prevention of Corruption Act and Section 161 I.P.C. and sentenced him to 1 1/2 years rigorous imprisonment under each count. The two sentences are to run concurrently.2. Broad facts of the case are these; The appellant is a police constable. At the relevant time he was working in the Tees Hazari Police Post. Niranjan Lal, complainant, then was working as a stamp vendor in the nearby court-compound. Some complaints were made against him for overcharging his customers on the sale of stamps. These complaints were made in the Tees Hazari Police Post. In that connection the appellant had recorded some evidence. Niranjanlal complained to Sri Harnaik Singh, Deputy Superintendent of police, Anti-corruption Branch, that the appellant was demanding from him a bribe of Rs. 100/-. Sri Harnaik ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC332; 1974CriLJ361; 1974MHLJ236(SC); (1974)4SCC264; 1974(6)LC68(SC)
Dwivedi, J.1. The appellants along with six more were tried by the Additional Sessions Judge, Shahjahanpur, for various offences including the offence under Section 302 read with Section 149 I.P.C. He convicted nine persons and acquitted one of them, Noorbeg. Majeedbeg was sentenced to death, and the rest to life imprisonment for the offence under Section 302 read with Section 149 I.P.C. They were also awarded different sentences for other offences.2. All the nine persons appealed to the High Court from the judgment of the Sessions Judge. The High Court acquitted four of them and maintained the conviction of the remaining five. The sentence of death awarded to Majeedbeg, appellant, was, however, converted into imprisonment for life. The sentences of the remaining four appellants; namely, Azizbeg, Waheedbeg, Maseedbeg and Rashidbeg were affirmed. They have now filed this appeal from the judgment of the High Court. They were jointly tried in two sessions trials numbers 104 and 105 of 196...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC436; (1974)1SCC258; [1974]2SCR321
Ray, C.J.1. These matters raise questions on the validity of legislative measures of levy and collection of tax on passengers and goods carried by stage carriages and public carrier vehicles. Stage carriage carry passengers and public carriers carry goods. The validity of the Kerala Motor Vehicles (Taxation of Passengers and Goods Amendment) Act, 1970 for the sake of brevity called Act 18 of 1971 as well as the Motor Vehicles (Kerala Third Amendment) Act, 1971 for the sake of brevity called Act 34 of 1971 is challenged.2. The petitioners in the writ petitions and the appellants in Civil Appeals are operators of stage carriages in the State of Kerala.3. The questions which fall for consideration in these matters are these. First, does Act 18 of 1971 levy a tax on passengers or does it levy a tax on the income of operators Second, is the retrospective validation of levy and collection of taxes by Act 18 of 1971 legal Third, is it competent to the legislature to amend Section 43 of the Mo...
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