Court : Supreme Court of India
Reported in : AIR1976SC2423; 1976CriLJ1883; (1976)4SCC355
A.C. Gupta, J.1. These are two appeals from a common judgment of the Allahabad High Court by which the High Court disposed of two appeals substantially affirming the Order of conviction and the sentence passed on the appellants by the II Temporary Civil and Sessions Judge, Meerut, for the murder of one Chauhal Singh. Ishwar Singh, appellant in Criminal Appeal 6 of 1975, was convicted under Section 302 of the Indian Penal Code and sentenced to death by the Sessions Judge. Each of the four appellants in Criminal Appeal 21 of 1975, namely, Ilam Singh, Harpal, Brahm Singh and Deep Chand was convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to life imprisonment. All the five appellants were further found guilty under Sections 323 and 324 read with Section 149 of the Indian Penal Code and each was sentenced to rigorous imprisonment for nine months under the former section and for two years under the latter. Ishwar Singh and Harpal were also found guilty...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC672; 1977CriLJ259; (1976)4SCC65
S. Murtaza Fazl Ali, J.1. The appellants Roshan, Baban Krishna Mhatre and Shantaram Dunda Mhatre, who were petitioners Nos. 3, 7 and 8 in the original special leave petition, have been convicted under Sections 147, 148 and 302 read with Section 149 and sentenced to imprisonment for life. In this appeal by Special Leave, Mr. Ganpule, learned Counsel for the appellants, has raised a short point. He has submitted that the prosecution evidence taken on its face value, does not prove the presence of the appellants in the so-called unlawful assembly and, therefore, the appellants are entitled to the benefit of doubt. In the view that we take it is not necessary to detail the prosecution case which has been fully narrated in the judgments of' the High Court and that of the Sessions Judge. It appears that on the 30th April, 1970, ten persons alleged to be accused persons went to the house of Motiram to wreck a vengeance; but as he was not in the house, they started abusing him. The deceased Da...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1961; (1977)ILLJ396SC; (1976)4SCC733; 1976(8)LC723(SC)
Y.V. Chandrachud, J.1. The appellant, Kewal Krishan Bagga, joined the Central Workshop at Amritsar as a godown keeper in the year 1953 against a permanent post in the scale of Rs. 50-125. The said Workshop was run by the Irrigation Department of the State of Punjab. There were 38 godown keepers in the Amritsar Workshop and they all bad a separate seniority list, distinct from that of clerks whose scale of pay was Rs. 60-175.2. The Amritsar Workshop was taken over by the Government of India with effect from June 1, 1956 whereupon the services of the existing employees of the Workshop were transferred to the Northern Railway on terms and conditions agreed to by the Railway Board. The senior most 8 out of the 38 godown keepers who were working under the Government of Punjab were given letters of appointment by the Northern Railway as Wardkeepers in the grade of Rs. 80-160. The remaining 30 godown keepers, amongst whom was the appellant were off red appointments as clerks in the grade of R...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC699; (1976)4SCC295; 1977(9)LC567(SC)
P.N. Bhagwati, J.1. This appeal by special leave is limited to two questions, namely: (1) what is the nature of the offence and (2) what should be the punishment to be imposed on the appellant. The incident in which the deceased Samiappa Gounder met with his death can no longer be disputed in view of the limited questions on which special leave has been granted by this Court. The appellant, who participated in the attack on the deceased, used arrival, M. O. 3, and the finding of the Sessions Court as well as the High Court is that the appellant gave a blow on the head of the deceased with the arrival. The injury caused as a result of this blow with the arrival given by the appellant is injury No. 5, as stated in the evidence of Dr. Venkataraman. Injury No. 5 has been described by Dr. Venkataraman as 'an oblique incised wound on the left occipital region of the scalp 4 c.m. x 1 c.m. x scalp deep'. There were also four other injuries caused to the deceased on the scalp as a result of the...
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