Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1474 of 2010 Karan Singh Appellant Versus State of Haryana & Anr. Respondents JUDGMENT Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the IPC), and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years.2. Facts and circumstances giving rise to this appeal as per the prosecution are that:- A. In the inter...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 4715-4716 OF 201.(Arising out of S.L.P.(C) NOs.22263-22264 of 2012) S.R. Tewari ... Appellant Versus Union of India & Anr. ...Respondents With Contempt Petition (C) Nos.180-181 of 2013 S.R. Tewari ... Petitioner Versus R.K. Singh & Anr. ...Contemnors JUDGMENT Dr. B.S. CHAUHAN, J.1. Leave granted in SLP(C) Nos. 22263-22264 of 2012.2. These appeals have been preferred against the judgment and order dated 15.2.2012 of the High Court of Delhi passed in Review Petition No.102 of 2012; and the order dated 1.2.2012 in Writ Petition No.4207 of 2011. By way of this order the High Court has allowed the writ petition filed by the Union of India respondent no.1 against the order of the Central Administrative Tribunal (hereinafter called the Tribunal), raising a very large number of grievances. The appellant was running from pillar to post as he had been harassed and penalised for no fault of his own an...
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Dr. B.S. Chauhan, J.1. Leave granted in SLP(C) Nos. 22263-22264 of 2012.2. These appeals have been preferred against the judgment and order dated 15.2.2012 of the High Court of Delhi passed in Review Petition No.102 of 2012; and the order dated 1.2.2012 in Writ Petition No. 4207 of 2011. By way of this order the High Court has allowed the writ petition filed by the Union of India – respondent no.1 against the order of the Central Administrative Tribunal (hereinafter called the ‘Tribunal’), raising a very large number of grievances. The appellant was running from pillar to post as he had been harassed and penalised for no fault of his own and has been awarded a punishment which is uncalled for. Thus, he had moved the Tribunal, High Court of Delhi and this Court several times.3. Facts and circumstances giving rise to these appeals and contempt petitions are as under:-A. The appellant, an IPS Officer of 1982 batch joined the service on 1.9.1982, promoted on the post of D...
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Dr. B.S. Chauhan, J.1. This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the ‘IPC’), and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years.2. Facts and circumstances giving rise to this appeal as per the prosecution are that:-A. In the intervening night between 6-7.1.2005, Maya Devi (PW.3), mother of Raj, deceased was irrigating her agricultural fields alongwith her daughter Birma (PW.4). On hearing the crie...
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Dipak Misra, J.Calling in question the legal propriety of the judgment of conviction and order of sentence passed in Criminal Appeal No. 990 of 2005 by the High Court of Judicature, Andhra Pradesh whereby the Division Bench has concurred with the conviction and the imposition of sentence by the learned Principal Sessions Judge, Medak at Sangareddy in S.C. No. 79 of 1998 wherein the learned trial Judge, after finding the appellant along with one Koninti @ Yerrolla Veeraiah, A-1, guilty of the offences punishable under Sections 302 and 404 read with 34 of the Indian Penal Code (for short “IPC”), had sentenced each of them to undergo rigorous imprisonment for life on the first count and three years on the second score.2. Shorn of unnecessary details, the case of the prosecution as unfolded is that on 9.2.1997 in the morning hours Koninti @ Yerrolla Veeraiah, A-1, and Kusti Malliah, A-2, took the deceased, Neelagiri Parvamma, with them Shiver in the Thimmaiapally hillocks. Kust...
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Dipak Misra, J.The singular question that emanates for consideration in this appeal is whether the High Court of Judicature at Bombay in Criminal Application No. 2648 of 2007 is justified in refusing to grant leave to file an appeal by the Central Bureau of Investigation, Anti Corruption Branch, Mumbai (for short “the CBI”) to assail the judgment and order dated 8th September, 2006 in Special Case No. 62 of 2000 by the Court of Special Judge for Greater Bombay whereby the learned Special Judge had acquitted the respondent No. 1 under Sections 7, 13 (1) (d) read with 2 of the Prevention of Corruption Act, 1988 (For brevity “the Act”) principally on the foundation that the sanction granted by the competent authority was defective and illegal as there was non-application of mind which would show lack of satisfaction.2. At the very outset, it is condign to state that as we are only dealing with a singular issue it is not necessary to state the facts in detail. Suffi...
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Dr. B.S. Chauhan, J.1. This appeal has been preferred against the judgment and order dated 13.7.2010, passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 302 of 2007, concurring with the judgment and order dated 5.2.2007 of the Ist Additional Sessions Judge, Mahabubnagar, Andhra Pradesh, in Sessions Case No. 83 of 2006, whereby and whereunder the appellant was found guilty of the offences punishable under Sections 302 and 404 of the Indian Penal Code, 1860 (hereinafter referred to as `the IPC’), and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100/-, in default of payment of which, simple imprisonment for a period of three months under Section 302 IPC; and for the offence punishable under Section 404 IPC, rigorous imprisonment for a period of three years, was imposed on him. However, both the sentences were directed to run concurrently.2. Facts and circumstances giving rise to this appeal are that:A. Balamani (deceased...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1323 of 2011 Sujit Biswas Appellant Versus State of Assam Respondent JUDGMENT Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the judgment and order dated 23.4.2010, passed by the High Court of Guwahati in Criminal Appeal No.13(J.of 2010 rejecting Death Reference No.1 of 2010 made by the Additional Sessions Judge (FTC), No.3, Kamrup, Guwahati on 21.12.2009 in Sessions Case No.309(K) of 2009, convicting the appellant under Sections 376(2)(f) and 302 of the Indian Penal Code, 1860 (hereinafter referred to as `the IPC), sentencing him to death. The High Court commuted the death sentence of the appellant to life imprisonment, with a direction that the appellant would breathe his last in jail, and that he would not be given the benefit of remissions etc. under Sections 432 and 433-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.).2. Facts and circumstan...
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Dr. B.S. Chauhan, J.1. This appeal has been preferred against the judgment and order dated 23.4.2010, passed by the High Court of Guwahati in Criminal Appeal No. 13(J) of 2010 rejecting Death Reference No. 1 of 2010 made by the Additional Sessions Judge (FTC), No. 3, Kamrup, Guwahati on 21.12.2009 in Sessions Case No. 309(K) of 2009, convicting the appellant under Sections 376(2)(f) and 302 of the Indian Penal Code, 1860 (hereinafter referred to as `the IPC’), sentencing him to death. The High Court commuted the death sentence of the appellant to life imprisonment, with a direction that the appellant would breathe his last in jail, and that he would not be given the benefit of remissions etc. under Sections 432 and 433-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.’).2. Facts and circumstances giving rise to this appeal are that:A. On 17.10.2007 at about 7.00 P.M., Sultana Begum Khatoon (PW.8), aged 12 years, was enjoying the celebrations...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO 73.OF 200.Rumi Bora Dutta ... Appellant Versus State of Assam ...Respondent CRIMINAL APPEAL NO 73.OF 200.Probal Dutta ... Appellant Versus State of Assam ...Respondent JUDGMENT Dipak Misra, J.The factual score from which the present appeals arise has a sad and sordid story to tell reflecting the morbid obsession of the appellants with lust, abandonment of kernel of all human virtues and deep addiction with carnal desires. The deceased- husband, as expected, trusted the wife, Ruma Bora, and such an emotional trust has always been regarded as a great complement to any person. The other appellant, Probal, nephew of the deceased, was shown affection, a beautiful and sacred sentiment in a human being and also charity, the wonder of life without a ceremony, and kept at his home to prosecute his studies but, an obnoxious one, the infidelity of the wife with incurable sensuality and the monstrous ingratitude of th...
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