Court : Supreme Court of India
Reported in : (2011)11SCC666
1. This appeal has been preferred by the State of Rajasthan against the judgment and order dated 27.10.2004 passed by the High Court of Judicature for Rajasthan, Jaipur Bench, in Criminal Appeal No. 1579 of 2002 acquitting the respondents, setting aside their conviction and the sentence passed by Additional District and Sessions Judge, (Fast Track), Laxmangarh, Alwar, dated 2.11.2002 in Sessions Case No. 4 of 2002 (14/2000) for the offences punishable under Sections 395, 396 and 397 of the Indian Penal Code, 1860 (hereinafter called the IPC).2. The facts and circumstances giving rise to this case are as under:A. Santosh Jagwayan (PW.13) lodged an FIR on 17.12.1996 at 8.30 A.M., that in the intervening night between 16th and 17th December, 1996 on hearing the noise, he sent his Chowkidar Gopal Nepali (deceased) to the roof of his house. Gopal Nepali went upstairs and opened the gate of the roof and found that 8 to 10 accused persons were trying to enter into the house by breaking upon t...
Tag this Judgment!Court : Supreme Court of India
1. This appeal has been preferred against the judgment and order dated 27.10.2004 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in D.B. Criminal Appeal No. 1579 of 2002, upholding the conviction and the sentence of the appellants vide judgment and order dated 2.11.2002 in Sessions Case No. 4 of 2002 (14/2000) passed by Additional District and Sessions Judge, (Fast Track), Laxmangarh, Alwar, convicting the appellants under Sections 395, 396 and 397 of the Indian Penal Code, 1860 (hereinafter called the IPC). 2. Facts and circumstances giving rise to this appeal are as under: A. Santosh Jagwayan (PW.13) lodged an FIR on 17.12.1996 at 8.30 A.M. that in the intervening night between 16th and 17th December, 1996, on hearing a noise, he sent his Chowkidar Gopal Nepali (deceased) to the roof of his house. Gopal Nepali went upstairs, opened the gate of the roof, and found that 8 to 10 accused persons were trying to enter into the house by breaking upon the door of the roof...
Tag this Judgment!Court : Supreme Court of India
1. This appeal has been preferred under Section 19 of the Contempt of Courts Act, 1971, (hereinafter called the `Act 1971') arising out of impugned judgment and order dated 5.5.2006 passed by the Division Bench of the Allahabad High Court in Contempt of Court Case No. 13 of 1999. 2. FACTS: A) Appellant is an advocate practising for last 30 years in the District Court, Etawah (U.P.). On 25.7.1998, he produced one Om Prakash for the purpose of surrender, impersonating him as Ram Kishan S/o Ashrafi Lal who was wanted in a criminal case in the court of IInd ACJM, Etawah. There was some controversy regarding the genuineness of the person who came to surrender and therefore, the Presiding Officer of the Court raised certain issues. So, the appellant misbehaved with the said officer in the court and used abusive language. B) The Presiding Officer of the court vide letter dated 28.9.1998 made a complaint against the appellant to the U.P. Bar Council and vide letter dated 27.10.1998...
Tag this Judgment!Court : Supreme Court of India
1. This criminal appeal has been preferred against the judgment and order dated 28.4.2004 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Criminal Appeal No. 956 of 2002 dismissing the appeal against the judgment and order dated 12.7.2002 passed by the Sessions Court, Hardoi, in Sessions Trial No. 108 of 2000 convicting the appellants and co-accused Bhagaloo Singh, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter called as `IPC') and sentencing them to undergo rigorous imprisonment for life. 2. Facts and circumstances giving rise to this case are that: A) An FIR dated 26.10.1999 was lodged by Rajesh Singh (PW.1) in Police Station-Tandiyanwan, Fatehpur District, Hardoi, against the appellants and two other co-accused Ram Lakhan and Bhagaloo Singh that the said four accused had killed Vinod Kumar on 25.10.1999 at 9.00 P.M. Vinod Kumar, aged 22 years was friend of Raj Kumar, the son of Ram Lakhan, accused, and thus had visiting terms with the family. On...
Tag this Judgment!Court : Supreme Court of India
1. This criminal appeal has been preferred against the judgment and order dated 28.06.2006 passed by the High Court of Calcutta in C.R.A.No. 229 of 2000, by which it dismissed the appeal of the appellant against the judgment and order of conviction dated 26.5.2000 passed by the Additional Sessions Judge, First Court, Burdwan in Sessions Trial No. 7 of 1999, convicting the appellant under Sections 302 and 201 of the Indian Penal code, 1860 (hereinafter referred to as `IPC') and appellant has been imposed the sentence to suffer rigorous imprisonment for life under Section 302 IPC and sentence of one year under Section 201 IPC. Both the sentences have been directed to run concurrently. 2. The facts and circumstances giving rise to this case are that: (A) On 31.08.1991, Sahanara Khatun, daughter of Abdul Rajak, resident of village Batrish Bigha, PS: Jamalpur, aged 13 years, had gone to pluck jhinga at about 9.30 A.M. from her jhinga field. She did not return till 10.30 A.M., her father Ab...
Tag this Judgment!Court : Supreme Court of India
1. These appeals have been preferred by the State of U.P. against the judgment and order dated 25.04.2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos. 14 and 60 of 1981, reversing the judgment and order of the Sessions Court dated 20.12.1980 in Session Trial No. 382 of 1980 passed by the learned District Judge, Saharanpur, by which both the respondents stood convicted under Section 302 read withSection 34 of the Indian Penal Code, 1860 (hereinafter called as `IPC') and had been awarded life imprisonment.2. The brief resume of the facts as emerging from the FIR and the evidence adduced by the parties is set forth:(A) One Rashmi, deceased, aged about 30 years had been married to Suresh Kumar (accused, acquitted by the Sessions Court), but her relations with him and her mother in law always remained strained. They had no child. Suresh Kumar obtained a decree of divorce on 30.01.1980 under Section 13 of the Hindu Marriage Act, 1955 and as per the decree, Rash...
Tag this Judgment!Court : Supreme Court of India
1. This criminal appeal has been filed under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment and order dated 28.2.2007 of the High Court of Karnataka, Bangalore, in Criminal Appeal No.1069 of 2000 by which the High Court has reversed the judgment and order dated 31.10.1998 passed by the XVth Additional City Sessions Judge, Bangalore, in Sessions Case No.366 of 1996, acquitting the appellant of the charges under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter called `IPC' 2. Facts and circumstances, as per the prosecution case giving rise to this appeal had been that the law was put into motion by younger brother of the deceased, Shankara (PW.8), who lodged a complaint orally on 26.3.1996 that the appellant came to the Barber Saloon of Murthy Prasad, deceased, on 25.3.1996 at about 8 p.m. and demanded Rs.150/- from the deceased. Since the deceased did not give the money demanded, the accused got angry and...
Tag this Judgment!