Court : Supreme Court of India
Reported in : (2003)1CALLT31(SC); JT2002(8)SC45; (2002)10SCC597
ORDER1. The appellants herein are the residents of village Dibui in the state of Nagaland. They claimed themselves to be owners of suit land having title which was declared by Ao Tribal council by a judgment and order dated 16.1.1953. It was alleged that the defendants have encroached upon their land and cultivated the said land despite theobjection raised by the appellants. Subsequently, the defendants started erecting huts and under such circumstances the appellants brought a suit for declaration of their rights to the land in dispute and recovery of possession from the defendants, who are the residents of village Waranmung represented by Shri Temjenwati and others. The defendants contested the suit and contended that they have a title to the land and, therefore, they are in lawful possession of the land in question. Initially, the trial court decreed the suit. However, on appeal by the respondents, the decree of the trial court was set aside and the case was remanded to the trial co...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3023; 2002(2)ALT(Cri)376; 2002CriLJ3944; 2002(4)Crimes79(SC); JT2002(6)SC97; 2002(5)SCALE569; (2002)6SCC757
Bisheshwar Prasad Singh, J.1. This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 13.02.2001 in Criminal Appeal No. 439 (DB) of 1997, whereby the High Court dismissed the appeal preferred by the appellants and confirmed the judgment and order of the learned Additional Sessions Judge, Ferozepur dated 29.4.1997 in Sessions Case No. 76 of 1994, Sessions Trial No. 43 of 1997 finding the appellants guilty of the offences under Section 302 and 201 IPC and sentencing them to undergo rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 201 IPC.2. The appellants along with one Jasbir Singh were accused of having committed the murder of Kuldip Kaur, the wife of the informant, and Soni, the daughter of the informant. Since, it was found that Jasbir Singh was a juvenile, his case was separated for trial by the competent court. We are informed that he has since been ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(1)ALD(Cri)4; JT2002(8)SC152
ORDER1. The prosecution case before the trial court was that appellant No. 2 Lobhabi, was married to one Pandurang Bedarkar about 17 years before the date of incidentand she had two daughters by the said marriage, first one was Ratna, the deceased and the second one was Ashvina (P.W.4 ). It is also stated that the appellant No. 2 had left her husband and come to the village where her mother was residing and started living with appellant No. 1. The two children were living with the mother of the appellant No. 2, namely, Banabai, PW 5 along with her son Suresh PW 2. On the date of the incident the deceased and PW 4 were visiting their mother in the house where she was living with A1. It is the case of the prosecution that on the morning of 13th of May, 1994, the two appellants told the deceased to prepare their lunch and they went away to collect fire-wood and to graze the cattle. When they returned in the afternoon they found that the deceased has not cooked their lunch so becoming enra...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(8)SC160; 2003(9)SCALE29; (2002)7SCC756
ORDER1. This appeal is directed against thejudgment of the Madhya Pradesh High Court allowing the second appeal preferred by the plaintiff-respondents, herein.2. The plaintiff-respondents brought a suit in the court of civil judge, Dhar for declaration that they being the sub-tenants of the land in dispute had acquired occupancy rights and thereafter have become Bhoomiswami of the said land. The case of the plaintiff-respondents was that the land comprising in survey Nos. 2, 21, 99, 242, 244 and 309 situate at village Mangaol belonged to the defendant-appellant's father Lalji along with Laxmanrao. The said Lalji and Laxmanrao sub-let the land to the father of the plaintiff-respondents. After the death of Lalji, his widow Bainabai and after her death her daughter became the co-tenant along with Laxmanrao in respect of the disputed land, and they were recorded as such in the revenue record. It was a further case of the plaintiff-respondents that after the death of their ' father, they co...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(6)SC305
ORDER1. The accused-appellant has been held guilty of offences punishable under Section 302 read with Section 34 of the IPC and sentenced to imprisonment for life by the sessions court, Seondha, district Datia. The conviction and sentence have been maintained in appeal. There were three accused persons, namely Govind @ Bachudi, Sobaran and Radhakrishan, who is appellant before us. Govind and Sobaran have died in police encounter during the pendency of trial. The trial then proceeded against Radhakrishan, the accused-appellant only.2. The deceased Rajaram was resident of village Indergarh. He was related as son-in-law to Ram Kali. PW-4. Kilol Singh, PW-1 is the son of Ram Kali. According to the prosecution, there was another brother of the three accused persons, who is said to have been killed in a police encounter and the accused persons suspected that Rajaram was instrumental in the death of their brother. On 29.10.1996 at about 10.00 a.m., Kilol Singh, PW-1 and Ram Kali, PW-4 were on...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(6)SC310
ORDER1. The appellant along with his lady friend, Jyoti was charged under Sections 302 and 307 IPC read with Section 34 IPC for having committed the murder of one Ramkaran Mishra and also for inflicting injuries on one Narendra Kumar, PW2 on 26.6.1995 between 8.30 p.m. and 10 p.m. at Indore. Learned additional sessions judge, Indore found the said Jyoti not guilty of the offence alleged against her hence acquitted her, while the appellant was found guilty of the offence under Section 302 IPC hence sentenced himto undergo imprisonment for life for having committed the murder of said Ramkaran Mishra. He also found the appellant guilty for the offence under Section 307 IPC and sentenced him rigorous imprisonment for 7 years for having caused injuries with the intention to cause death of Narendra Kumar, PW2.2. The appellant's appeal before the High Court of Madhya Pradesh having failed he is before us in this appeal by leave. However, it should be noticed that on 18.9.2001 leave was grante...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2902; 2003(1)ALT(Cri)170; 2002CriLJ3782; 2002(4)Crimes104(SC); JT2002(6)SC32; 2002(5)SCALE583; (2002)9SCC158
Bisheshwar Prasad Singh, J. 1. Special leave granted.2. By its judgment and order dated 12th June, 2001, the High Court of Karnataka at Bangalore in Criminal Appeal No. 849 of 1998 affirmed the conviction and sentenced of the appellant under Section 302 IPC who had been convicted and sentenced by the IVth Additional Sessions Judge, Mayo Hall, Bangalore in case No. 323 of 1997 under Section 302 IPC to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for six months.3. The case of the prosecution is that on 17th December, 1996Smt. Sumathi, PW-10 along with her husband Mohan Nair (deceased) was proceeding to her house at about 9 p.m.. When they were between the new and old railway line at Benaganahalli, Mohan Nair (deceased) stopped to urinate and was doing so when the appellant Muthu came and questioned him as to why he was urinating there. Mohan Nair (deceased) retorted by saying that it was a public place. Up...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3028; 2002(4)AWC2777(SC); 2002(3)BLJR1896; [2002(3)JCR93(SC)]; JT2002(6)SC112; 2002(5)SCALE602; (2002)7SCC113
Bisheshwar Prasad Singh, J. 1. Special leave granted.2. Heard learned counsel for the parties.3. In this appeal the appellants have impugned the order of the High Court of Judicature at Patna in LPA No. 829 of 1998 dated 23.11.2000, whereby a division bench of the High Court affirmed the order of a learned Single Judge in First Appeal No. 165 of 1976 dated 05.02.1998, dismissing the application for substitution of legal representatives of appellants 1(d) and 1(e). Consequently, the first appeal was also dismissed as being incompetent in the absence of the legal representatives of the aforesaid appellants.4. The appellants and the respondents herein are the descendants of one Shri Bhukhalal Singh, who had two sons namely, Ramnandan Singh and Ramautar Singh. According to the appellants, the two branches of the family separated on 05.09.1947 and thereafter managed their affairs separately. The branch of Ramnandan Singh had acquired some more properties after partition and prospered. Out o...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(8)SC174
ORDER1. This is an unfortunate case of a parent having found his son disappeared or missing; in his anxiety to get his son back he responded to a call made over a telephone to deposit a sum of Rs. 50,000/-at the place indicated, so as to get an appropriate information about where he could find his son but in the bargain he was cheated.2. On 31.3.1990 PW 1 G. Vinod, father of victim G. Vikas found his son missing. He received a call that his son would be released on payment of Rs. 50,000/- which he was instructed to place in a dustbin near Subhash Talkies, Premnagar, Hyderabad where he would be given the address in an envelope of the place where he could find his son and the time indicated was 10 p.m. Though PW 1 informed the police about it, he requested them not to interfere in the matter as he was anxious to get back his son. He carried Rs. 50,000/- in 100 rupee note denomination in his car in a plastic bag and left that bag inside the said dustbin and there he found an envelope cont...
Tag this Judgment!Court : Supreme Court of India
Reported in : 96(2003)CLT75(SC); JT2002(8)SC513
ORDER1. This appeal directed against the judgment of Allahabad High Court stands out today for arguments. The contextual facts depict that one Bhagwat Singh deceased and the appellants as well as Ramadhin Singh (since acquitted by the trial court) were residents of village Patara, district Hamirpur. The appellant Jai Narain was the son of Ramadhin and appellant Shyam Singh was son of appellant Hukum Singh alias Hakim Singh.2. On the morning of 30th November, 1974, Bhagwat Singh, deceased, was getting constructed the wall on the western side of his vacant land through labourers including Chhutku (PW5). The said Bhagwat Singh while sitting on 'Chabutara' in front of his 'kotha' and was supervising the construction of boundary wall, the accused persons having guns and a country made pistol fired on the labourers. Sustaining the pellet injury Chhutku (PW5) ran away to the house of Bhagwat Singh, deceased. Observing fire and apprehending danger Bhagwat Singh deceased entered into his 'kotha...
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