Court : Supreme Court of India
Reported in : 2004(1)ALD(Cri)116; 2004(1)BLJR533; 2003(90)ECC779; JT2003(8)SC527; 2003(9)SCALE247; (2003)8SCC726; 2004(1)LC500(SC)
Santosh Hegde, J.1. The appellant was convicted for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act as it stood then (the Act) by the Special Judge (NDPS Cases), Vadakara, and was sentenced to undergo RI for 10 years, and a fine of Rs. 1 lac was imposed; in default the appellant was directed to undergo further sentence of simple imprisonment for 3 months. Appellant's appeal to the High Court of Kerala at Ernakulam as against the judgment of said Special Court came to be dismissed by the impugned judgment of the High Court. Hence, the appellant is in appeal against the said judgment.2. Brief facts necessary for the disposal of this appeal are that on 3.8.1999 PW-1 Sub-Inspector of Police of Police Station Nadakkavu received information that a middle-aged lady was selling brown sugar in Santhinagar Colony, Kannur behind the canteen of the Industrial Estate. On receipt of said information PW-1 sent a report to his superior officers and proceede...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC26; 2004CriLJ22; JT2003(8)SC547; 2004(1)MPHT1; 2003(9)SCALE222; (2003)12SCC792
B.P. Singh, J.1. In this appeal by special leave the sole appellant has impugned the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench dated 15.7.2002 in Criminal Appeal No. 124 of 1987 affirming the conviction and sentence of the appellant passed by the Sessions Judge, Shivpuri under Section 302 I.P.C. in Sessions Case No. 128 of 1986. The appellant has been sentenced to undergo imprisonment for life.2. The case of the prosecution is that on 27th September, 1986 the appellant shot dead Bhamra @ Bhamar Singh in the presence of Ram Swarup Sharma, PW-4, a Forest Officer, Basheer Khan, PW-5 and Laxman, PW-6, forest guards, when they were proceeding from village Kachnaria to Achhroni. The three witnesses above named ran from the place of occurrence to save their lives and thereafter boarded a bus at Achhroni and came to Police Station Banmore Kalan at a distance of about 16 Kilometres from the place of occurrence where report was lodged by PW-4 at 2315 hours. In the sai...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC266; (2004)1CALLT50(SC); 2004CriLJ377; JT2003(8)SC287; (2003)11SCC207
Santosh Hegde, J. 1. Andaman & Nicobar Administration is in appeal before us against the judgment of the High Court of Calcutta dated 19.6.1995 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and conviction of the Sessions Judge, Andaman & Nicobar Islands in Sessions Case No. 22 of 1991 by which judgment the learned Trial Judge convicted the respondent for offences punishable under sections 363 and 376(2)(b) of the IPC, and sentenced him to undergo RI for 10 years with a fine of Rs. 2,000 for the principal offence.2. Brief facts necessary for the disposal of this appeal are as follows :The prosecution alleges that on 21.1.1989 at about 7.30 p.m the respondent committed rape on PW-19 who at that time was aged about 3 1/2 years. It is the case of the prosecution that on 21.1.1989 in the evening parents of the victim i.e PW-3 and PW-9 had left the child in the custody of PW-1 while they had gone to their place of work. During the said ti...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC261; 2004(1)ALD(Cri)94; 2004CriLJ372; JT2003(8)SC392; 2003(9)SCALE215; (2004)1SCC414; 2004(1)LC321(SC)
Arijit Pasayat, J.1. The tribe of roadside Romeos and eye teasers is fast increasing and their insane infatuations of grave depravity condescend to such condemnable proportions causing serious onslaught on the decency and sanctity of public life. Innocent women are the victims, and the fate of good Samaritans like Pravin Pathak (hereinafter referred to as the 'deceased') is untimely departure from this earth. Gone are the days when people used to wish that the tribe of good Samaritans like Abu Ben Adhem would increase. On 30.9.1991, deceased was allegedly stabbed to death by appellants Banti@ Guddu and Teekaram (hereinafter referred to as the accused by their respective names).2. Prosecution version in a nutshell is as follows:The occurrence took place in the street of Nagar Nigam Dholi Buwa Ka. Pul on 30.9.1991 at 9.15 p.m. For that complainant Kamal Pathak (PW-1) lodged complaint in Janakganj police station on the same day at: about 10.10 p.m. in which it was stated that, at the time...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC124; 2004CriLJ828; JT2003(8)SC514; (2003)12SCC758
B.P. Singh, J.1. The appellants in these appeals and special leave petitions are Suba Singh (A-1) and his son Shingara Singh (A-2). They were both tried by the Additional Sessions Judge, Sirsa in Sessions Trial No. 46 of 1991 charged variously of offences under Sections 302, 307, 302/34, 307/34 IPC and under Section 25/27 of the Arms Act. The learned Additional Sessions Judge by his judgment and order dated March 6, 1992 acquitted A-2 of all the charges leveled against him but found A-1 guilty of the offence under Section 304 Part I holding that he had exceeded his right of private defence. Accordingly, he sentenced A-1 to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 30,000/-, in default further to undergo rigorous imprisonment for a period of two years. Both the appellants were acquitted of other charges leveled against them.2. Aggrieved by the judgment and order of the learned Additional Sessions Judge, Criminal Appeal No. 375-DBA of 1992 was prefer...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC299; 2004(1)BLJR455; 2004CriLJ378; JT2003(8)SC488; 2003(9)SCALE256; (2003)12SCC554
B.P. Singh. J.1. The four appellants in this appeal (Criminal Appeal No. 631 of 2001) by special leave were tried by the Special Judge (Dacoity Affected Area), Mainpuri in Sessions Trial No. 216 of 1981 and by judgment and order dated 10th December, 1990 they were found guilty and convicted of the offences under Sections 394 and 411 IPC and sentenced to undergo rigorous imprisonment for seven years and three years respectively. On appeal, being Criminal Appeal No. 2240 of 1990, the High Court of Judicature at Allahabad affirmed their conviction under Section 394 IPC but set aside their conviction and sentence under Section 411 IPC since they had been found guilty and convicted of the principal offence under Section 394 IPC.2. The State of Uttar Pradesh has also preferred Special Leave Petition and Crl. M. P. No. 7792 of 2002 against the impugned judgment and order of the High Court acquitting the appellants of the charge under Section 411 IPC.3. It may be noticed at the threshold that ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(2)ALD(Cri)1038; JT2003(8)SC427; (2003)12SCC594; 2004(1)LC459(SC)
P. Venkatarama Reddi, J.1. These appeals are against the judgment of Rajasthan High Court in Criminal Appeal No. 325 of 1989. The appellants in Criminal Appeal No. 449 of 1994 together with six others were charged and tried for forming unlawful assembly, indulging in rioting/ causing the death of one Pyara Singh with deadly weapons on the night of 12th January, 1988 at the house of the informant Harbans Singh situate in village 3-X and for causing grievous injuries to three members of the complainant party--the informant, his brother and the son of the deceased. Along with the appellants, six others were also tried for various offences in connection with the same incident. The Sessions Judge convicted appellants 1, 2 & 3 under Sections 148, 302, 307/149, 326, 324 & 323/149 and sentenced them to life imprisonment. The accused-appellant No. 4, Nihal Singh was held guilty of the offences under Sections 148, 302/149, 325, 324/143, 307 & 323/149 and sentenced to life imprisonment. Others we...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC32; 2004(1)BLJR439; 2004(1)CTC359; [2004(1)JCR133(SC)]; JT2003(8)SC334; (2004)1MLJ72(SC); (2004)137PLR113; 2003(9)SCALE188; (2004)1SCC1; (2004)1UPLBEC33
R.C. Lahoti, J.1. The property in question is plot No. 81/1-M area 5 acres (out of 98 bighas) in village Nasibpur, Bhaktiara, Chhail, District Allahabad, U.P. over which stands a bungalow bearing No. 241 Mor Road, Alllahabad. This property shall hereinafter be referred to as 'the suit property'. The ownership of the land vests in the State. The superstructure which is a bungalow seems to have been brought up by the lessee or his transferee, as stated hereinafter, and which is not very clearly borne out from the pleadings, also not very relevant for the issue at hand. 2. The land consisting in the suit property was given on fifty years lease to one J.W.Walsh. The lease contained a clause for renewal which, as far as ascertainable from the material available on record, and as found by the High Court, conferred an option oh the lessee to seek renewal of lease for another term of 50 years and on such option being exercised before the expiry of term of 50 years of the existing lease, the le...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)156; 2004(1)AWC748(SC); [2003(4)JCR222(SC)]; JT2003(10)SC103; (2004)ILLJ431SC; 2004(3)MhLj793; 2004MPLJ569(SC); 2003(9)SCALE366; (2004)1SCC121; 2004(1)SLJ37
ORDER1. Leave granted. 2. The above appeal has been filed against the order of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dated 30.10.2001 in CWP No. 12929 of 1999 whereunder the Division Bench has allowed the writ petition filed by the respondents and granted relief, as prayed for, directing re-instatement of the respondent with full back wages and consequential benefits. The respondent was involved in a criminal case and he was charge-sheeted for an offence under Section 302 read with Section 34 of the IPC along with his brother and though he was convicted by the learned Additional Sessions Judge, Rewari for the same by a judgment dated 05.03.1997, on further appeal, before the High Court, the Division Bench of the High Court returned a verdict of acquittal. As a consequence thereof, since, he was not re-instated inspite of the order of acquittal, he moved the High Court and obtained orders, as noticed supra. Aggrieved, the appellants have come before th...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)ALD(Cri)35; 2004(1)BLJR41; JT2003(8)SC508; (2004)10SCC443
Arijit Pasayay, J. 1. Politics, which was once considered the choice of noble and decent persons is increasingly becoming a haven for law breakers. The 'Nelsons' eye' turned by those wielding power to criminalisation of politics by their solemn and determined patronage and blessings by vying with each other has been encouraging and facilitating rapid spread and growth with rich rewards and dividends to criminals. The alarming rate of social respectability such elite gangster's` gaining day by day in the midst of people who chose and had given unto themselves the right to elect their rulers, mostly guided by misdirected allegiance to party politics and self oriented profit making endeavours seem to provide the required nectar for its manifold and myriad ways of ventilation with impugnity. Though it is an irony, yet accepted truth is that the 'Home rule' we could achieve by 'non-violence' has become the root cause for generating 'homicidal' culture of political governance effectively shi...
Tag this Judgment!