Court : Supreme Court of India
Reported in : AIR1994SC1443; 1995Supp(4)SCC560
1. The appellants are A-1, A-4 and A-5, Malkhan Singh, Vishwanath Singh and Vishram Singh. They along with four others were charged with an offence under Section 302 read with Section 149 and other offence. The trial Court convicted six accused. The case was separated as against one Hardas who has been absconding. They were convicted under Section 302, I.P.C. read with Sub-section 149 and 148 and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively. In addition A-1 also was convicted for an offence under Section 404, I.P.C. and was sentenced to undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. On appeal, the High Court confirmed the convictions and sentences of the appellants. It acquitted Raghunath Singh, Tahar Singh and Gajraj, A-2, A-3 and A-6 respectively. Their acquittal appears to have become final since the State is not able to state whether-it filed any appeal. Therefore, we are c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC549; 1994CriLJ1116
K. Jayachandra Reddy, J.1. These two appeals are pursuant to the leave granted under Article 136 of the Constitution of India. The State as well as the complainant have filed these appeals. Mr. Jit Singh, the sole respondent was convicted for an offence punishable under Section 302 of the Indian Penal Code. The prosecution examined the two eyewitnesses. The Sessions Court relying on the evidence convicted the respondent under Section 302, I.P.C. but the High Court allowed the appeal and acquitted him.2. As against the order of the High Court these appeals are filed. We have heard the respective counsel elaborately. The case rests mainly on the evidence of the two eyewitnesses P.W.2 Gurmej Singh, son of the deceased and P.W. 3 who is a member of the Panchayat. Admittedly there was an enmity between the deceased family and the accused family. At about 10.15 p.m. the deceased was present at his tubewell for keeping watch over the cattle during night. The witnesses submit that the accused ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(4)SCC587
ORDER 1. The sole appellant was convicted by the Sessions Court and also confirmed by the High Court for an offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life for causing the death of Islamu. Admittedly, there was a land dispute between the father of the deceased and the appellant, in which the father of the deceased succeeded in civil litigation. Water was to be let from the land of the accused-appellant and, therefore, on the fateful day, namely, October 17, 1974, he went to the house of the appellant and asked him as to when he would let water to his field. Thereupon, the appellant went inside the house, brought the gun and fired shots at the deceased. As a result of which the deceased died instantaneously. Apart from the evidence of direct witnesses, there is also the confession made by the appellant. 2. Both the trial court and the High Court accepted the evidence and found the accused guilty of the offence of murder. 3. The lea...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC973; 1993CriLJ411; 1994Supp(1)SCC462
1. The appellant was charged for the offence of murder of Sudhir on March 19,1973 at 12 noon. The Trial court acquitted him of the charge, but on appeal the High Court reversed the acquittal and convicted him under Section 302, I.P.C. and sentenced him to imprisonment for life. Thus this appeal under Section 2 of the Supreme Court Enlargement of Criminal Jurisdiction Act, 1970.2. The facts in brief are that on March 19, 1973 being the Holiday, the appellant and one Rajan Mani went to the shop of the deceased bearing No. 1259/A/B situated at Balbir Nagar, Shahdara, New Delhi and requested him to close the tea shop which he was vending and asked him to take part in playing Holi. Thereon the deceased refused to accede to their request. Thereafter, in a huff the appellant and Rajan Mani went away with a dire threat to the deceased and his father, Ved Prakash, P.W. 1, who remonstrated against the threat. One hour thereafter the appellant came holding a Gupti (sharp edged weapon) in his righ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC474; 1994CriLJ144
ORDER1. The three appellants before us were tried along with four others by the Additional Sessions Judge for offences punishable under Section 302 read with Sections 148 and 149, I.P.C. The case mainly rests on the evidence of eye-witnesses P. Nos. 1,4,5,8 and 10. The trial Court rejected their evidence on the ground that apart from their version being in conflict with the medical evidence, the time of occurrence has not been correctly put forward and, therefore, the whole case becomes doubtful. The State preferred an appeal and Division Bench of the Orissa High Court disagreed with the finding of the trial Court in respect of these three appellants. The acquittal of the remaining accused was, however, confirmed.2. The learned Counsel submits that the High Court has not kept in view the well settled principles to be observed in reversing the order of acquittal and the evidence of the so-called eye-witnesses has been rejected by the trial Court which had also the advantage of watching ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC677; JT1992(1)SC373; 1992LabIC575; (1993)IILLJ831SC; 1992(1)SCALE198; (1992)2SCC29; [1992]1SCR397; 1992(1)SLJ215(SC); 1992(1)LC521(SC); (1992)2UPLBEC1110
R.M. Sahai, J.1. Teachers appointed temporarily for three months or less, by privately managed degree colleges receiving cent per cent grants-in-aid, controlled administratively and financially by the Education Department of the State of Karnataka, seek regularisation of their services, by invoking principle of equitable estoppel arising from implied assurance due to their continuance, as such, for years with a break of a day or two every three months. Another basis for direction to regularise is founded on denial of similar treatment by the State as has been extended to contract teachers and local teachers appointed in government or vocational colleges. Payment of fixed salary instead of regular emoluments for eight months in a year and that too for number of years is yet another grievance.2. Ad-hoc appointments, a convenient way of entry usually from backdoor, at times even in disregard of rules and regulations, are comparatively recent innovation to the service jurisprudence. They a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC131; 1995Supp(4)SCC549
1. This appeal is directed against the Award dated 19th December, 1977 of the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (MP). The appellant at the age of 26 was appointed at Mechanic-cum-Operator by the respondent-Management. His services stood terminated with effect from July 30, 1974 when he was drawing a monthly pay of Rs.475/-. The dispute that arose on such termination was referred for adjudication. The Tribunal in the final Award dated 19-12-77 held that the termination of the services of the appellant was under Clause 24(e) of the certified standing Orders and being an automatic termination it did not attract Section 2(A) of the Industrial Disputes Act. In that view of the matter, no relief was granted to the appellant.2. The appellant is aggrieved that the interpretation placed and conclusion drawn by the Tribunal are faulty. According to the appellant, termination of service for whatsoever reason amounts to retrenchment and where it is not followed by t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC872b; JT1992(1)SC597b; 1992(1)SCALE194b; (1992)2SCC42; [1992]1SCR391
R.M. Sahai, J. 1. Validity of demand, under Section 58A of the Bombay Prohibition Act, for maintenance of the excise staff for supervision of the manufacture of industrial alcohol was assailed on lack of legislative competence of the State.2. Section 58A is extracted below:58A: The State Government may be general or special order direct that the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparations, hemp, Mowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police Staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Govt. by person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, Mowra flowers or molasses:Provided that the State Government may exempt any class of persons or institutions fro...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC480; 1995Supp(4)SCC526
1. These appeals by special leave arise against an interlocutory order vacating the injunction granted by the trial court. The controversy at that time centerd round the question whether the appellants were entitled to notice before finalising the Town Planning Scheme published on July 1, 1951. Reliance was placed on the decision of the High Court reported in : AIR1977Guj23 titled Dungarlal Harichand v. State of Gujarat. This Court in Jaswant Singh Mathura Singh v. Ahmedabad Municipal Corporation reported in : AIR1991SC2130 has partly overruled the judgment of the Full Bench and held that all those tenants, subtenants continuing in possession as on July 1, 1951, are entitled to a notice before finalising the scheme. It is now admitted by the appellants that the tenants were continuing in possession from 1960. Under these circumstances, so far as the tenants are concerned, they are not entitled to any notice. It is not clear from the pleadings whether the first appellant is an owner or ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC917; JT1992(1)SC583; 1992(1)SCALE191; (1992)2SCC220; [1992]1SCR386; 1992(1)LC734(SC)
ORDER1. The petitioner, Bhushan UttamKhare, appeared for the Third Year M.B.B.S. Examination held by University of Poona in the months of October-November, 1990. The results of the said examination were declared on 12.12.1990. As per University of Poona Ordinance 134A, the petitioner applied for revaluation of his answer papers. 167 students including the petitioner had applied for revaluation. When the revaluation results were declared, certain students made representation to the University authorities for their answer papers being revaluate from the same set of examiners.2. On receipt of the representation, the Executive Council of University appointed a Committee to make an enquiry. On the report of the Committee, the University of Poona decided to cancel the revaluation results and to conduct further revaluation. This decision of the executive Council cancelling the earlier revaluation and directing a second revaluation was challenged by the petitioner and others in writ petitions ...
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