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BUT NOT BY ACCUSED – NO VALUE ON FACTS OF THE CASE = the deceased has been fired at by Samar Singh from his service revolver. = On a perusal of the evidence and the FSL report relating to the country-made pistol, Ext. F-1, seized from the accused, it is manifest that the fire arm country-made pistol .303 bore was designed to fire a standard .303 cartridge and that the pistol was in working order. Its test fire was also successfully conducted and the empty cartridge of .303 bore, Ext. C- 1, found in the chamber of the country-made pistol was the empty cartridge fired from the country made pistol.-Therefore, to say that no shot was fired from the country-made pistol is belied and the prosecution version that it was the country-made pistol which was fired by the accused that caused injuries to the deceased deserves acceptance. – From the post-mortem report, it is clear that the bullet injury was from front to back. It is not in dispute that the deceased and the accused were grappling. The version of the prosecution in that all of a sudden, the accused brought out his desi katta and fired from a close range. This has been clearly established by the evidence. Learned counsel would submit that while grappling the position changed and the bullet fired from the service revolver of Samar Singh hit the deceased. In our considered opinion, such a submission cannot be given any acceptance as the desi katta was seized from the accused and the weapon, as opined in the FSL report, is the desi katta and further there is no material to prove that gun shot was fired from the weapon of Samar Singh. Thus, from the aforesaid, it is clear as crystal that the shot was fired from the country-made pistol seized from the custody of the accused-appellant. Hence, the plea that there was a gun shot from the revolver of Samar Singh while the accused-appellant was grappling with the deceased being absolutely mercurial in nature is rejected. 14. In view of the aforesaid premised reasons, the appeals, being sans substance, stand dismissed.

PUBLISHED IN http://judis.nic.in/supremecourt/filename=40454 Page 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 562-563 OF 2010 Pramod Kumar … Appellant Versus State (GNCT) of Delhi …Respondent J U D G M E N T Dipak Misra, J. On 19.3.1999, SI Prahlad Singh along Ct. Baljit Singh went to Village Gittorni where Inspector Mohd. … Continue reading

Mohammadan law: Hiba (gift) – Essential requisites of – Held: Are: (1) declaration of the gift by the donor, (2) acceptance of the gift by the donee and (3) delivery of possession -The rules of Mohammadan Law do not make writing essential to the validity of a gift and an oral gift fulfilling all the three essentials make the gift complete and irrevocable – However, the donor may record the transaction of gift in writing – In the instant case, as all the three essential requisites are satisfied by the gift deed – The gift in favour of defendant 2 became complete and irrevocable -Judgment of High Court set aside and that of trial court, holding the gift deed genuine and binding between the parties, restored -Transfer of Property Act – ss. 129 and 123. Transfer of Property Act, 1882: ss. 123 and 129 – Deed of gift executed by a Mohammadan – HELD: Is not the instrument effecting, creating or making the gift – Such writing is not a document of title but is a piece of evidence – Section 129 preserves the rule of Mohammadan Law and excludes the applicability of s. 123 to a gift of an immovable property by a Mohammadan – In the instant case, the gift deed is a form of declaration by the donor and not an instrument of gift as contemplated u/s 17 of the Registration Act – Registration Act, 1908 – s.17. In a suit for partition between the parties governed by Sunni Law, defendant no. 2 set up the defence that his father executed a hiba (gift deed) on 5.2.1968 and gifted his properties to him, and put him in possession of the hiba properties. The trial court held the hiba as true, valid and binding between the parties, and dismissed the suit. In the appeal, before the High Court it was contended for the plaintiffs that the gift deed dated 5-2-1968 being in writing was compulsorily required to be registered and stamped and in the absence thereof the gift deed could not be accepted and relied upon. The High Court allowed the appeal and remanded the matter to the trial court for passing a preliminary decree.=Allowing the appeal filed by heirs of defendant no.2, the Court HELD: 1.1. The position is well settled, which has been stated and restated time and again, that the three essentials of a gift under Mohammadan Law are: (1) declaration of the gift by the donor; (2) acceptance of the gift by the donee and (3) delivery of possession. The rules of Mohammadan Law do not make writing essential to the validity of a gift; and an oral gift fulfilling all the three essentials make the gift complete and irrevocable. However, the donor may record the transaction of gift in writing. [para 27] [1175-h; 1176-a-b] 1.2. Merely because the gift is reduced to writing by a Mohammadan instead of it having been made orally, such writing does not become a formal document or instrument of gift. When a gift could be made by Mohammadan orally, its nature and character is not changed because of it having been made by a written document. What is important for a valid gift under Mohammadan Law is that three essential requisites must be fulfilled. The form is immaterial. If all the three essential requisites are satisfied constituting a valid gift, the transaction of gift would not be rendered invalid because it has been written on a plain piece of paper. The distinction that if a written deed of gift recites the factum of prior gift then such deed is not required to be registered but when the writing is contemporaneous with the making of the gift, it must be registered, is inappropriate and does not seem to be in conformity with the rule of gifts in Mohammadan Law. [para 29] [1176-H; 1177-A-C] 1.3. A deed of gift executed by a Mohammadan is not the instrument effecting, creating or making the gift but a mere piece of evidence; such writing is not a document of title but is a piece of evidence. [para 32] [1178-A-B] Mahboob Sahab v. Syed Ismail and others 1995 (2) SCR975= (1995) 3 SCC 693 – relied on. Nasib Ali v. Wajed Ali AIR 1927 Cal 197; Md. Hesabuddin and others v. Md. Hesaruddin and others AIR 1984 Gauhati 41; Jubeda Khatoon v. Moksed Ali AIR 1973 Gauhati 105; and Makku Rawther’s Children: Assan Ravther and others v. Manahapara Charayil AIR 1972 Kerala 27- approved. Inspector General of Registration and Stamps, Govt. of Hyderabad v. Smt. Tayyaba Begum AIR 1962 Andhra Pradesh 199; Sankesula Chinna Budde Saheb v. Raja Subbamma 1954 2 MLJ 113; Amirkhan v. Ghouse Khan (1985) 2 MLJ 136; Ghulam Ahmad Sofi v. Mohd. Sidiq Dareel and others AIR 1974 JammuAND Kashmir 59; and Chota Uddandu Sahib v. Masthan Bi (died) and others AIR 1975 Andhra Pradesh 271 – disapproved. Mohammad Abdul Ghani (since deceased)AND ANOTHERv. Fakhr Jahan BegamAND OTHERS 1922 (49) IA 195- referred to Mohammadan Law by Syed Ameer Ali; Mahomedan Law by Mulla, 19th Edition 5(pp.696-697); Asaf A. A. Fyzee in Outlines of Muhammadan Law, Fifth Edition (edited and revised by Tahir Mahmood) at page 182; and Mulla, Principles of Mahomedan Law (19th Edition), Page 120 -referred to. 2.1. Section 17(1)(a) of the Registration Act, 1908 leaves no manner of doubt that an instrument of gift of immoveable property requires registration irrespective of the value of the property. Section 123 of the Transfer of Property Act, 1882 lays down the manner in which gift of immoveable property may be effected and prescribes that transfer of immovable property by gift must be effected by a registered instrument. However, an exception is carved out in s. 129 of the T.P. Act with regard to the gifts by a Mohammadan. [para 14,15 and 18] [1164-B-E; 1166-A] 2.2. Section 129 of T.P. Act preserves the rule of Mohammadan Law and excludes the applicability of s. 123 of T.P. Act to a gift of an immovable property by a Mohammadan. It is not the requirement that in all cases where the gift deed is contemporaneous to the making of the gift then such deed must be registered u/s. 17 of the Registration Act. Each case would depend on its own facts. [para 31] [1177-F-G] 2.3. In the inastant case, the gift was made by the father of defendant no. 2 by a written deed dated 5.2.1968 in his favour in respect of the properties `A’ schedule and `B’ schedule appended thereto. The gift – as is recited in the deed – was based on love and affection for defendant no. 2 as after the death of donor’s wife, he has been looking after and helping him. Therefore, it cannot be said that because a declaration is reduced to writing, it must have been registered. The acceptance of the gift by defendant no 2 is also evidenced as he signed the deed. He was residing in the `B’ schedule property consisting of a house and a kitchen room appurtenant thereto and, thus, was in physical possession of residential house with the donor. The trial court on consideration of the entire evidence on record has recorded a categorical finding that the donor, executed the gift deed dated 5-2-1968 in favour of donee, the donee accepted the gift and the donor handed over the properties covered by the gift deed to the donee, and thus all the three essentials of a valid gift under the Mohammadan Law were satisfied. The view of the trial court is in accord with the legal position. The gift deed dated 5.2.1968 is a form of declaration by the donor and not an instrument of gift as contemplated u/s 17 of the Registration Act. As all the three essential requisites are satisfied by the gift deed dated 5.2.1968, the gift in favour of defendant 2 became complete and irrevocable. [para 34] [1178-G-H; 1179-A] 2.4. The High Court in the impugned judgment relied upon the Full Bench decision in the case of Tayyaba Begum which is not a correct view and does not lay down the correct law. The judgment and order passed by the High Court is set aside. The judgment and decree passed by the Principal Subordinate Judge is restored. [para 35-36] [1179-B-C] Case Law Reference: 1922 (49) IA 195 referred to para 12 1995 (2) SCR 975 relied on para 13 AIR 1927 Cal 197 approved para 19 1954 2 MLJ 113 disapproved para 20 AIR 1962 Andhra Pradesh 199 disapproved para 21 1972 Kerala 27 approved para 22 AIR 1974 JammuAND Kashmir 59 disapproved para 23 AIR 1975 Andhra Pradesh 271 disapproved para 24 (1985) 2 MLJ 136 disapproved para 27 AIR 1984 Gauhati 41 approved para 28 AIR 1973 Gauhati 105 approved para 28 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1714 of 2005. From the JudgmentAND Order dated 13.9.2004 of the High Court of Judicature, Andhra Pradesh at Hyderabad in First Appeal No. 1685 of 1988. A.K. Srivastav, G.R.K. Paramahamsa, Lokesh Kumar (for M.K.Garg) for the Appellants. V. Mohana for the Respondents.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1714 OF 2005 Hafeeza Bibi & Ors. …. Appellants Versus Shaikh Farid (Dead) by LRs. & Ors. ….Respondents JUDGMENT R.M. Lodha, J. This appeal, by special leave, arises from the judgment of the High Court of Andhra Pradesh dated September 13, 2004 … Continue reading

Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the Act’= Even though the only independent witness Rameshwar (PW-3) who stood as a witness for recovery has not supported the prosecution and declared hostile, however, as rightly pointed out by the state counsel, he did not deny the existence of his signature on Ex.PA. ; Regarding the delay in sending the contraband for examination by the FSL, it was PW-2, who carried the samples from the Police Station to FSL at Madhuban but he was not asked any question in the cross examination, though opportunity was given to the defence. Even otherwise, FSL report Ex. P1 would show that the sample was received at the FSL in tact with the seal which tallied with the specimen seals forwarded. Accordingly, the said objection is liable to the rejected. ; Nothing has been explained or denied by the appellant in his Section 313 statement nor examined anyone as a defence witness. – once the appellant was asked by the court that he was carrying a tin in his hand and opium was recovered therefrom, the aspect of conscious possession of the contraband is presumed and in the absence of any contra evidence, there is no reason to disbelieve the prosecution version. = In the light of the materials placed by the prosecution in the form of oral and documentary evidence and in view of Section 54 of the Act and in the absence of any evidence from the accused discharging the presumption as to the possession of the contraband, we are in entire agreement with the conclusion arrived at by the trial Court and the High Court. (13) As regards the reduction of sentence, it is not in dispute that possession of 3 ½ kgs of opium involves commercial quantity and if that is so, in terms of sub-section (b) of Section 18, imprisonment shall not be less than 10 years. Admittedly, there is no enabling provision to the court for reduction of sentence by giving special or adequate reasons in the statute particularly in Section 18. Accordingly, we reject the request of the learned counsel for the appellant. (14) In the light of the above discussion, we are in entire agreement with the conclusion arrived at by the courts below. Consequently, the appeal fails and the same is dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1564 OF 2008 Mohinder …. Appellant(s) Versus State of Haryana …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) This appeal has been filed against the final judgment and order dated 04.07.2007 passed by the High Court of … Continue reading

the dying declaration was made after due certification of fitness by the doctor and was recorded by a police officer in discharge of his normal functions. The statement was made by the deceased voluntarily and was a truthful description of the events. This version is fully supported by PW3, the witness who had accompanied the deceased at all relevant times, right from inflicting of the injury till the time of his death. The serological report, Ex.P16, duly established that the blood group on the knife used for the assault and that of the deceased was O+. This knife had been recovered vide Mahazar Ex.P-12 by PW11 Srinivasa PSI in furtherance to the voluntary statement of the appellant in presence of PW14, the Panch. The father of the deceased, PW5, has also clearly stated that there was previous animosity between the deceased and the appellant. In other words, the complete chain of events, pointing unexceptionally towards the guilt of the appellant has been established by the prosecution thereby proving the case of the prosecution beyond any reasonable doubt.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 79 OF 2010   M.SARVANA @ K.D. SARAVANA …Appellant Versus STATE OF KARNATAKA …Respondent       J U D G M E N T Swatanter Kumar, J. 1. The present appeal is directed against the judgment of the High Court of … Continue reading

An application was filed by the appellants under Section 391 CrPC praying that the additional evidence should be permitted to be led by them in their defence during the pendency of the appeal. In this application it was urged Crl.A. No.384/2000 Page 8 of 38 that on 28th July 1997 at about 9.20 p.m., the prosecutrix along with three other women, was in police custody having been arrested in FIR No. 558 of 1997 under Section 160 IPC registered at P.S: Hauz Khas. If indeed she was in police custody at about 9.20 p.m. on 28th July 1997 the question of the appellants having committed the rape on her at around 9 p.m. on that day did not arise. The appellants are acquitted of the offence under Section 376(2) (g) IPC. The appellants are set at liberty forthwith. Their bail bonds are discharged and sureties cancelled. The fine amounts, if paid, will be returned to each of them within a period of four weeks from today. In the facts and circumstances of the present case, the appeal is allowed with costs of Rs. 25,000/- to each of the appellants. The costs will be paid to each of them by the State within a period of four weeks from today. Proof of payment of costs will be placed on the record by the State. 54. Copies of this judgment be given dasti to the counsel for the parties. In addition, certified copies of this judgment be delivered within one week by the Registry to the Chief Secretary, GNCTD, and the Commissioner of Police, with covering letters drawing attention to the directions issued to each of them in paras 45, 51 and 53 of this judgment. The Registrar General will, after complying with the directions in para 50, return the record to the court concerned together with a certified copy of this judgment. S. MURALIDHAR, J. MAY 05, 2009 ak

Crl.A. No.384/2000 Page 1 of 38 IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 384/2000 Decision on : 5th May 2009 PANKAJ CHAUDHARY & ORS. ….. Appellants Through:Mr.Dharmender Arya with Mr.Sunil Bainsla and Mr.Sunil Kumar, Advocates. versus STATE(GOVT.OF NCT OF DELHI) ….. Respondent Through:Mr.Pawan Bahl, APP with SI Inderjeet, PS Hauz Khas. CORAM: … Continue reading

As the complaint was taken on the file against 13 accused and the petitioner is one among them and the filing of the present petition, at the time of the disposal of the Sessions Case No.122 of 2008, viewed from any angle, is a speculative one without any just and reasonable cause, much less without any basis to exercise inherent powers under Section 482 of Cr.P.C. Therefore, I see no grounds to quash the proceedings in S.C.No.122 of 2008 on the file of the Court of Assistant Sessions Judge, Tadepalligudem, West Godavari District. Accordingly the Criminal Petition is dismissed.

THE HON’BLE SRI JUSTICE K.S.APPA RAO Criminal Petition No.7291 of 2008 23-3-2011 N.Ranga Rao The State of Andhra Pradesh,Rep. by Public Prosecutor,High Court Buildings,Hyderabad and another Counsel for the Petitioner:Sri S.R.Sanku, Advocate. Counsel for the Respondent No.1: Public Prosecutor,High Court of A.P., Hyderabad. Counsel for the Respondent No.2: Sri Y.Vivekananda Swamy, Advocate :ORDER: The present … Continue reading

no court should give directions against the law for consideration of promotion=We, therefore, find that although the respondent no.1 was eligible for consideration for promotion to the post of

Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3692 OF 2006 Union of India & Ors. … Appellants Versus B.S. Darjee & Anr. … Respondents J U D G M E N T A. K. PATNAIK, J. This is an appeal against the order dated 26.08.2004 of the Division Bench … Continue reading

correction of date of birth = the decision of the High Court, holding that the respondent was entitled to get his date of birth corrected in the service record, cannot be sustained=the High Court has allowed the writ petition preferred by the respondent, directing the appellants to correct the service record of the respondent, incorporating his date of birth as 30th June, 1945 in place of 1st June, 1942, within a period of one month from the date of the impugned order. = The respondent was appointed to the post of a Police Constable in the year 1965. In the service book, prepared at the time of his entering the service, his date of birth was recorded as 1st June, 1942. His father’s name was recorded as Gayadin. This position continued till 1990, when he made a representation to the appellants seeking correction of his father’s name and date of birth in the service record. The plea of the respondent was that at the time of joining the service, his date of birth as also the name of his father was wrongly recorded on the basis of the information furnished by his maternal grandfather, who was accompanying him at that point of time as he was living with him after the death of his father. According to the respondent, he came to know about the mistake when he was promoted as Head Constable. In support of his application, the respondent submitted his class IV marksheet, transfer certificate of class VIII and a certificate from a local MLA.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2331 OF 2004 STATE OF M.P & ORS. — APPELLANTS VERSUS PREMLAL SHRIVAS — RESPONDENT J U D G M E N T D.K. JAIN, J.: 1. This appeal is directed against the judgment and order dated 17th January, 2002 passed by … Continue reading

Ingenuity of counsel sometimes results in formulation propositions, which appear at the first flush to be legally sound and relatable to recognized cannons of criminal jurisprudence. When examined in greater depth, their rationale is nothing but illusory; and the argument is without substance. One such argument has been advanced in the present case by the learned counsel appearing for the appellant who contends that `even where the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act’) have not been complied with the recovery can otherwise be proved without `we have no hesitation in holding that in so far as the obligation of the authorized officer under sub-section(1) of Section 50 of the NDPS Act is concerned, it is mandatory and 46 . requires strict compliance.’ In fact the contention raised by the appellant has, in specific terms, been rejected by the Constitution Bench in clause 7 of para 23 of the judgment. The Court clearly held that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in Section 50 of the Act cannot be used as evidence of proof of unlawful possession of the contraband on the accused, though any other material recovered during that search may be relied upon by the prosecution in other proceedings, against the accused, notwithstanding the recovery of that material during an illegal search. The proposition of law having been so clearly stated, 47 . we are afraid that no argument to the contrary may be entertained. What needs to be understood is that an illegal recovery cannot take the colour of a lawful possession even on the basis of oral evidence. But if any other material which is recovered is a subject matter in some co-lateral or independent proceeding, the same could be proved in accordance with law even with the aid of such recovery. But in no event the illegal recovery can be the foundation of a successful conviction under the provisions of Section 21 of the Act.

REPORTABLE I REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1101 OF 2004 State of Delhi … Appellant Versus Ram Avtar @ Rama … Respondent J U D G M E N T Swatanter Kumar J. 1 Ingenuity of counsel sometimes results in formulation propositions, which appear at the first flush … Continue reading

On 3.2.2007, Constable Virender Kumar, Head Constable Krishan Singh and Constable Jai Kumar, appellant nos. 2 to 4 respectively while patrolling in the area found that Sanjeev Kumar Singh and Dalip Gupta, respondent nos.3 and 4 respectively were fighting with each other in an intoxicated condition. The said appellants tried to pacify them but in vein. After realising that they were in drunken condition the aforesaid appellants took both the said respondents to the hospital for medical examination wherein they misbehaved with the Doctor and other staff of the hospital. After medical examination, it was opined that both the said respondents had taken alcohol. B. The said respondents were booked under Sections 107/151 of the Code of Criminal Procedure, 1973 (hereinafter called `Cr.P.C.’) and were produced before the Special Executive Magistrate (hereinafter called `the Magistrate’) on 4.2.2007. The Magistrate issued show

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1582 OF 2011 (Arising out of SLP(Crl.) No.1773 of 2008) Rajender Singh Pathania & Ors. … Appellants Vs. State of N.C.T. of Delhi & Ors. … Respondents With CRIMINAL APPEAL NO. 1583 OF 2011 (Arising out of SLP(Crl.) No.5702 of 2008) J … Continue reading

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