advocatemmmohan
just another law knowledge bank
Assam
Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed= Sri Anil Chandra Dey Versus 1. The New India Assurance Co. Ltd. 2. The Divisional Manager, The New India Assurance Co. Ltd .- http://164.100.72.12/ncdrcrep/judgement/00131023102711345RP20192008.htm
Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed even though there are no records for repairs except on oral evidence of contractor and photographs = the complainant/petitioner Amit Chandra Dey got his residential house insured with the OP, New India Assurance Co. Ltd. vide policy no. 530600/48/01/0045 for the period … Continue reading
motive is not a very strong one= The motive may be considered as a circumstance which is relevant for assessing the evidence but if the evidence is clear and unambiguous and the circumstances prove the guilt of the accused, the same is not weakened even if the motive is not a very strong one. It is also settled law that the motive loses all its importance in a case where direct evidence of eyewitnesses is available, because even if there may be a very strong motive for the accused persons to commit a particular crime, they cannot be convicted if the evidence of eyewitnesses is not convincing. In the same way, even if there may not be an apparent motive but if the evidence of the eyewitnesses is clear and reliable, the absence or inadequacy of motive cannot stand in the way of conviction.”
PUBLISHED IN http://judis.nic.in/supremecourt/filename=40455 Page 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1130 of 2010 Birendra Das & Anr. … Appellants Versus State of Assam …Respondent J U D G M E N T Dipak Misra, J. The present appeal is directed against the judgment of conviction and order of sentence dated … Continue reading
Rape of a child of 3 years & murder =WHEN INCRIMINATING CIRCUMSTANCE NOT PUT TO THE ACCUSED AT 313 EXAMINATION , IT CAN NOT BE CONSIDERED AS PROVED EVIDENCE , WITHOUT EXPLANATION FROM THE ACCUSED = 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 appellant’s conduct in absconding was also relied upon. Now, mere absconding by itself does not necessarily lead to a firm conclusion of guilty mind. Even an innocent man may feel panicky and try to evade arrest when wrongly suspected of a grave crime such is the instinct of self-preservation. The act of absconding is no doubt relevant piece of evidence to be considered along with other evidence but its value would always depend on the circumstances of each case. Normally the courts are disinclined to attach much importance to the act of absconding, treating it as a very small item in the evidence for sustaining conviction. = Undoubtedly, the FIR lodged has disclosed the previous statement of the informant which can only be used to other corroborate or contradict the maker of such statement. However, in the event that the informant is a person who claims to know the facts, and is also closely related to the victim, it is expected that he would have certainly mentioned in the FIR, all such relevant facts. The omission of important facts affecting the probability of the case, is a relevant factor under Section 11 of the Evidence Act to judge the veracity of the case of the prosecution. (Vide: Ram Kumar Pandey v. The State of Madhya Pradesh, AIR 1975 SC 1026). = An adverse inference can be drawn against the accused only and only if the incriminating material stands fully established, and the accused is not able to furnish any explanation for the same. However, the accused has the right to remain silent, as he cannot be forced to become a witness against himself. – The instant is one of circumstantial evidence, and only two circumstances have appeared against the appellant, namely, I. That he had been able to point out the place where Sima Khatoon was lying, after his demand for Rs.20/- had been accepted; and II. That subsequently, he had left the said place and boarded a bus immediately. The aforesaid circumstances in isolation, point out conclusively, that the appellant has in fact committed the said offence. Furthermore, the most material piece of evidence which could have been used against the appellant was that the blood stains found on his underwear matched the blood group of Sima Khatoon. However, the said circumstance was not put to the appellant while he was being examined under Section 313 Cr.P.C. by the trial court, and in view thereof, the same cannot be taken into consideration. Hence, even by a stretch of the imagination, it cannot be held that the aforementioned circumstances clearly point towards the guilt of the appellant, and in light of such a fact situation, the burden lies not only on the accused to prove his innocence, but also upon the prosecution, to prove its case beyond all reasonable doubt. In a case of circumstantial evidence, the aforementioned burden of proof on the prosecution is much greater. In view of the above, the appeal succeeds and is allowed. The judgments and orders passed by the courts below impugned before us, are set aside. The appellant has been in jail for the last six years, he must be released forthwith, unless wanted in some other case. Before parting with the case, we feel that it is our duty to appreciate the services rendered by Shri Ratnakar Dash, learned senior counsel, who acted as amicus curiae.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1323 of 2011 Sujit Biswas …Appellant Versus State of Assam …Respondent J U D G M E N T 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 … Continue reading
Complainants- Respondent Nos.2 and 3 have filed complaint being C.R. Case No.71C/2012 on 15.03.2012 before the Chief Judicial Magistrate, Dibrugarh under Section 417 and 420 I.P.C., for taking appropriate criminal action against respondent No.4, who was accused in the complaint, and also against the Manager, United Bank of India as well as the Regional Manager of the Bank.- The Complainant, however, stated before the High Court that he had purchased the property somewhere in the year 2005. However, that is not reflected in the legal opinion given by the advocate to the Bank. We are of the view that the Bank has acted bona fide on the report of the advocate after searching the relevant records for the last 12 years. Further, we have also perused the complaint filed by respondent Nos.2 and 3 and found no indication in the complaint as against any of the officers of the Bank that they have acted in their individual capacity or otherwise so as to cheat the complainant. If at all there is any grievance that is against respondent no.4. In such circumstances, we are inclined to allow the appeal and quash the criminal complainant as far as the Bank and the officials are concerned.
‘ IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRL.M.P. NO.10983/2013 IN AND CRIMINAL APPEAL NO.774 OF 2013 (ARISING OUT OF SLP(CRL) NO. 8977 OF 2012) UNITED BANK OF INDIA & ANR. Appellant(s) VERSUS STATE OF ASSAM & ORS. Respondent(s) O R D E R Heard counsel on either side. Leave granted. This appeal … Continue reading
whereby the High Court disposed of the appeal preferred by the appellant-herein by confirming his conviction and altering the sentence of death to imprisonment for life passed by the Court of Ad-hoc Additional Sessions Judge, Lakhimpur at North Lakhimpur dated 18.03.2006 in Sessions Case No. learned senior counsel for the appellant also placed reliance on a decision of this Court in Writ Petition (Crl.) No. 34 of 2009 dated 07.09.2009 wherein the order passed by the Governor of the State of Uttar Pradesh for release on remission of the petitioners therein was set aside by a Division Bench of the High Court of Allahabad and the same was challenged before this Court by way of a writ petition. It was also pointed in the above said writ petition that a number of convicts who had undergone actual sentence of 14 years were directed to be released forthwith by this Court in SLP (Crl.) No. 553 of 2006 dated 09.05.2006. This Court, following the same, issued a similar order in the said writ petition for the release of the petitioners therein. As stated earlier, the case on hand relates to commuting the sentence of death into imprisonment for life and we have already preserved the right of the executive for ordering remission taking note of the gravity of the offence. Hence, the said decision is not helpful to the facts of this case and the contention of learned senior counsel is liable to be rejected. 20) In the light of the above discussion, we do not find any valid ground for interference, on the other hand, we are in entire agreement with the conclusion arrived at by the High Court, consequently, the appeal is dismissed.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 194 OF 2008 Bhaikon @ Bakul Borah …. Appellant(s) Versus State of Assam …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) This appeal is filed against the judgment and order dated 26.09.2006 passed by the Division Bench … Continue reading
Sentence/Sentencing: Commutation of death sentence to life imprisonment by the Governor – No reason indicated in the order which was passed on recommendation of NHRC – Writ petition under Article 32 challenging order of Governor – Held: NHRC proceedings were not in line with the procedure prescribed under the 1993 Act – That being so, recommendations by NHRC was non est – Moreover said order did not indicate reasons – Governor’s order is set aside – Protection of Human Rights Act, 1993 – Constitution of India, 1950 – Article 32. Writ petition under Article 32 of the Constitution of India was filed challenging the order of Governor of Assam, commuting the death sentence to life imprisonment when the accused was held guilty of heinous crime of brutally killing four persons of a family. He was awarded death sentence which was confirmed by this court and review thereagainst was also dismissed. The order of commutation was passed on recommendation of NHRC. =Partly allowing the writ petition, the Court HELD: 1. In the documents filed before this Court by NHRC, the name of victim was stated and cause of action was stated to be the date of judgment of this Court i.e. 31.7.2000. The Protection of Human Rights Act, 1993 was enacted for constitution of NHRC for better protection of human rights and for matters connected therewith or incidental thereto. Section 17 in Chapter IV deals with inquiry into complaints regarding violation of human rights. Obviously, there have to be atleast two persons involved. One whose human rights have been violated and the other who has violated the human rights. [Para 7 and 8] [504-C-G] 2. The NHRC proceedings were not in line with the procedure prescribed under the Act. That being so, the recommendations, if any, by the NHRC are non est. [Para 14] [505-G-H; 506-A] 3. The State of Assam indicated that not only the recommendations of NHRC but several other aspects were take note of. But the order directing commutation did not indicate any reason. Absence of any obligation to convey the reasons would not mean that there should not be legitimate or relevant reasons for passing the order. Apparently, in the instant case that was not done. The impugned order of commutation of death sentence to life imprisonment is set aside and direction is passed to reconsider the application filed by the accused for commutation of sentence. [Para 15 and 16] [506-A-E] Epuru Sudhakar v. Govt. of A.P. and Ors. (2006) 8 SCC 161, relied on. Case Law Reference: (2006) 8 SCC 161 relied on Para 15 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 457 of 2005. Under Article 32 of the Constitution of India. Manish Goswami and Map & Co. for the Appellant. Avijit Roy (for M/s. Corporate Law Group), Vijay Panjwani, Shobha, J.B. Prakash and Puja Sharma for the Respondent.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 457 OF 2005 Bani Kanta Das and Anr. …Petitioners Versus State of Assam and Ors. ..Respondents JUDGMENT Dr. ARIJIT PASAYAT, J. 1. This petition under Article 32 of the Constitution of India, 1950 has been filed by Smt. Jayanti Das w/o … Continue reading
extraordinary delay in submitting physical handicap certificate to claim the reservation quota=it is too well settled to need any further reiteration that all appointments to public office have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure. Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There can not be any relaxation in the terms and conditions of the advertisement unless such a power is – 23 –
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No. 5-8 IN CIVIL APPEAL NOS. 8343-8344 OF 2011 [Arising out of S.L.P (C) No.20152-20153 of 2010] Bedanga Talukdar … Appellant VERSUS Saifudaullah Khan & Ors. …Respondents O R D E R 1. Leave granted. 2. These appeals are directed against the impugned judgment … Continue reading
