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criminal appeal

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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

FRAUDULENTLY OBTAINED DISCHARE FROM CRIMINAL CASE = “court is not a laboratory where children come to play”. The action of the accused-respondent depicts the attitude where one calculatedly conceives Page 2 the concept that he is entitled to play a game of chess in a court of law and the propriety, expected norms from a litigant and the abhorrence of courts to the issues of suppression of facts can comfortably be kept at bay. Such a proclivity appears to have weighed uppermost in his mind on the base that he can play in aid of technicalities to his own advantage and the law, in its essential substance, and justice, with its divine attributes, can unceremoniously be buried in the grave. = The fraudulent intention is writ large. In fact, he has shown his courage of ignorance and tried to play possum. The High Court, as we have seen, applied the principle “when infrastructure collapses, the superstructure is bound to collapse”. However, as the order has been obtained by practising fraud and suppressing material fact before a court of law to gain advantage, the said order cannot be allowed to stand. That apart, we have dealt with regard to the legal sustainability of the order in detail. Under these circumstances, we are disposed to think that the power under Article 142 of the Constitution is required to be invoked to do complete justice between the parties. Cognizance of the offences had been rightly taken by the learned Magistrate and charges, as we find, have been correctly framed by the learned trial Judge. A victim of a crime has as much right to get justice from the court as an accused who enjoys the benefit of innocence till the allegations are proven against him. when an order of quashment of summons has been obtained by suppression, this Court has an obligation to set aside the said order and restore the order framing charges and direct the trial to go on. And we so direct.= Consequently, the appeal is allowed, the order passed by the High Court in Criminal Revision No. 327 of 2011 and the order passed by the learned Additional District and Sessions Judge, No.1, Jodhpur, in Criminal Revision No. 7 of 2009 are set aside and it is directed that the trial which is pending before the learned Additional District and Sessions Judge, No. 3, Jodhpur, shall proceed in accordance with law.

Page 1     Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 785 OF 2013 (Arising out of SLP (Crl. ) No. 294 of 2013) Moti Lal Songara …Appellant Versus Prem Prakash @ Pappu and Anr. …Respondents J U D G M E N T Dipak Misra, J. Leave granted. 2. … Continue reading

Apex court confirm the high court judgment = i) The prosecution did not examine the material witnesses like the investigating officer as well as other witnesses who, as per the case of the prosecution, were actually present at the time of occurrence of the incident. ii) According to the prosecution, PW-1 and PW-2 both are eye- witnesses but they are the widow and brother of the deceased, and therefore, are interested witnesses and their statement cannot be relied upon by the Court. iii) The accused persons themselves had lodged a counter report against the deceased, PW-2 and other relations of the deceased, alleging attack/aggression. This was not a counter blast but a true and correct happening of events as reported by the accused, against the complainants, in which the accused Ram Dutt had suffered injuries. For these reasons, the accused should be entitled to the benefit of doubt and consequently, to an order of acquittal. 10

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.77 OF 2007   Mano Dutt & Anr. … Appellants Versus State of U.P. … Respondent     J U D G M E N T     Swatanter Kumar, J.     1. The present appeal is directed against the judgment and … Continue reading

Rape and murder – who took a female child on pretext of getting biscuits took the child and in isolated place brutally raped and killed her left the body with out any coverage. Apex court confirmed the death penalty as the accused is deserved for it

REPORTABLE   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.145-146 OF 2011   Rajendra Pralhadrao Wasnik … Appellant Versus The State of Maharashtra … Respondent     J U D G M E N T   Swatanter Kumar, J.   1. The present appeals are directed against the judgment dated   … Continue reading

Perceiving divergent and contradictory views as regards the effect and impact of not committing an accused in terms of Section 193 of the Code of Criminal Procedure (for short `the Code’) in cases where charge-sheet is filed under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of 2 Atrocities) Act, 1989 (for brevity `the Act’) and cognizance is directly taken by the Special Judge under the Act, a two-Judge Bench thought it apposite to refer the matter to a larger Bench and on the basis of the said reference, the matter has been placed before us= Judged from these spectrums and analysed on the aforesaid premises, we come to the irresistible conclusion that the objection relating to non-compliance of Section 193 of the Code, which eventually has resulted in directly entertaining and taking cognizance by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, does not vitiate the trial and on the said ground alone, the conviction cannot be set aside or there cannot be a direction of retrial and, therefore, the decision rendered in Bhooraji (supra) lays down the correct law inasmuch as there is no failure of justice or no prejudice is caused to the accused. The decisions rendered in 45 Moly (supra) and Vidyadharan (supra) have not noted the decision in Bhooraji (supra), a binding precedent, and hence they are per incuriam and further, the law laid down therein, whereby the conviction is set aside or matter is remanded after setting aside the conviction for fresh trial, does not expound the correct proposition of law and, accordingly, they are hereby, to that extent, overruled. 53. The appeals be placed before the appropriate Bench for hearing on merits.

Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 223 OF 2008 Rattiram & Ors.                                            ………….Appellant Versus State of M. P. Through Inspector of Police                                 ………Respondent WITH CRIMINAL  APPEAL NO. 458 OF 2008 Satyanarayan & ors.                                        …………Appellant Versus The State of Madhya Pradesh Through Incharge, Police Station Cantt.                           ………Respondent J U … Continue reading

the killing of two other policemen without premeditation and without any motive whatsoever was an act done out of panic reaction and in a state of frenzy and it was not one of the rarest of rare cases where death sentence could be awarded.

Reportable   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1436 of 2010 Absar Alam @ Afsar Alam …… Appellant   Versus   State of Bihar …… Respondent     J U D G M E N T A. K. PATNAIK, J.   This is an appeal by way of special … Continue reading

Delay in filing FIR=There is also no explanation for the delay in lodging the complaint. Further-more, the lower Court noticed that the evidence of the doctor clearly goes to show that on 02.09.2001 PW.1 was examined at 12-00 Noon and the age of the injuries is about 24 to 36 hours prior to the examination, consequently the lower Court has found that the injuries must have been caused, if any, prior to 12.00 Noon on 01.09.2001, and which destroy the prosecution case that the incident happened on 01.09.2001 at 9.30 P.M. Evidently, there are said to be some civil disputes and ill-feelings between both the parties. The evidence of PW.1 is not supported by any independent evidence and the medical evidence is also not corroborative and therefore, the lower Court has rightly extended the benefit of doubt to the accused and there are no compelling reasons to come to a different conclusion.

THE HON’BLE SRI JUSTICEN.R.L. NAGESWARA RAO     CRIMINAL APPEAL No.70 OF 2012     JUDGMENT:-   The appeal is filed against the acquittal of the accused in Calendar Case No.324 of 2001 on the file of the Additional Munsif Magistrate, Kandukur.   2.       The parties are referred as arrayed in the lower Court.     … Continue reading

THE SUPREME COURT OF UGANDA=second Appeal-murder-sentenced to death-re-evaluation of evidence adduced at trial-consideration of mitigating factors-malice aforethought=“A superficial burn is also called a first-degree burn. It is a skin injury commonly caused by dry heat (fire) or wet heat (steam or hot liquids) … Burns may be grouped based on how deep the affected tissue is. They may be grouped into superficial, partial thickness, or full thickness burns … A superficial burn is the least serious type of burn. It usually heals within 3 to 5 days…” See hyperlink “A superficial burn …. is the least serious of all burns….The burned area usually turns pinkish or red and dry and tender. This type of injury usually heals itself in three to five days. However, you can treat the symptoms of a superficial burn.” See hyperlink Therefore, if the description of the burns on the deceased by PW2 and the doctor who performed the post-mortem examination is to be believed, the burns were not so serious as to be the cause of the death of the deceased. Prior to 1970 when the Penal Code (amendment) Act was passed the Penal Code Act provided that malice aforethought was deemed to be established by evidence providing any one or more of four circumstances, namely: (a) An intention to cause the death of or to do grievous harm to any person (b) Knowledge that the act or omission causing death will probably cause the death of or grievous harm to someone. (c) …………………… (d) …………………… In 1970 the Penal Code was amended and “grievous harm” was taken out of the definition of malice aforethought. We think that if the appellant had been charged before that law was amended, she would have safely been convicted of murder because there is enough evidence to show that she deliberately burnt the deceased and therefore intended to do grievous harm to him or had knowledge that her action would probably cause grievous harm. However, on the basis of the evidence presented a reasonable doubt remains that her conduct, strange, cruel and outrageous as it was, was actuated by an intention to “exterminate” the deceased, to use the word of the learned trial judge. The evidence that was accepted by court that she herself cooled off the fire, allowed the deceased to get away from the scene, carried the deceased on a bicycle to the hospital and stayed with him until he died must be considered in her favour and consequently create doubt about her intention to cause the death of the deceased. In the result her appeal succeeds. We quash the conviction for murder and set aside the sentence of death. Instead we convict her of manslaughter contrary to section 187 and 190 of the Penal Code Act. We shall hear submissions in mitigation before passing sentence.

  THE REPUBLIC OF UGANDA   IN THE SUPREME COURT OF UGANDA AT KAMPALA (CORAM: ODOKI, CJ; TSEKOOKO; KATUREEBE; TUMWESIGYE; KISAAKYE; JJSC.) CRIMINAL APPEAL NO: 15 OF 2009 BETWEEN     NAKISIGE KYAZIKE::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT     AND   UGANDA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT (An appeal from the judgment of the Court of Appeal at Kampala (Before Engwau, Twinomujuni and Nshimye, JJA) in Criminal Appeal … Continue reading

from the provisions of Sections 60 to 63 of the N.D.P.S. Act, the Court shall decide the confiscation or the release of the properties either in case of acquittal or in case of conviction. But, at the same time, the order of the Court should be specific. Evidently, in this case, except passing an order that unmarked case property shall be destroyed, there is no specific order with regard to the property i.e., six vehicles, which were already released in favour of the appellant herein by virtue of the orders of this Court. 5. Therefore, the lower Court shall pass necessary order keeping in view the provisions of the N.D.P.S. Act, with regard to six vehicles, which were already released in favour of the appellant herein. So far as the other property is concerned, there is no need to interfere with the order of the lower Court with regard to destruction.

THE HON’BLE SRI JUSTICEN.R.L. NAGESWARA RAO     CRIMINAL APPEAL No.69 OF 2012     JUDGMENT:-   The appeal is filed by the 2nd accused questioning the judgment of the I Additional Sessions Judge, Medak at Sangareddy in NDPS Sessions Case No.44 of 2011, where-under after acquitting the accused some of the properties were ordered to … Continue reading

an attempt to solve long pendency of stayed matters in various High courts in criminal cases=Certain directions are also given to the Law Commission which are as follows: a) Since the Law Commission itself is seized with the problem and is making investigation having regard to its terms of reference specially clause `H’, thereof, this Court requests the Law Commission, which is headed by a distinguished retired judge of this Court, to undertake an enquiry and submit its recommendation in relation to the following matters:- I. Keeping in view that timely justice is an important facet to access to justice, the immediate measures that need to be taken by way of creation of additional courts and other allied matters (including a rational and scientific definition of “arrears” and delay, of which continued notice needs to be taken), to help in elimination of delays, speedy clearance of arrears and reduction in costs. It is trite to add that the qualitative component of justice must not be lowered or compromised; and II. Specific recommendations whenever considered necessary on the above aspects in relation to each State be made as a product of consultative 4

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION     CRIMINAL APPEAL NOS.254-262 OF 2012 (@ SLP(Crl.) Nos. 1581-1598/2009)     Imtiyaz Ahmad …..Appellant(s)     – Versus –     State of Uttar Pradesh & Ors. ….Respondent(s)     O R D E R     GANGULY, J.     Leave granted. … Continue reading

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