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mohamed ibrahim

This tag is associated with 8 posts

Therefore, a reading of Section 311 Cr.P.C. and Section 138 Evidence Act, insofar as it comes to the question of a criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be in consonance with the prescription contained in Section 311 Cr.P.C. It is, therefore, imperative that the invocation of Section 311 Cr.P.C. and its application in a particular case can be ordered by the Court, only by bearing in mind the object and purport of the said provision, namely, for achieving a just decision of the case as noted by us earlier. Therefore, the paramount requirement is just decision and for that purpose the essentiality of a person to be recalled and re-examined has to be ascertained. To put it differently, while such a widest power is invested with the Court, it is needless to state that exercise of such power should be made judicially and also with extreme care and caution.= We do not find any bonafides in the application of the second respondent, while seeking the permission of the Court under Section 311 Cr.P.C. for his re-examination by merely alleging that on the earlier occasion he turned hostile under coercion and threat meted out to him at the instance of the appellant and other accused. It was quite apparent that the complaint, which emanated at the instance of the appellant based on the subsequent incident, which took place on 30.5.2007, which resulted in the registration of the FIR in Khizersarai Police Station in case No.78/2007, seem to have weighed with the second respondent to come forward with the present application under Section 311 Cr.P.C., by way of an afterthought. If really there was a threat to his life at the instance of the appellant and the other accused, as rightly noted by the Court below, it was not known as to why there was no immediate reference to such coercion and undue influence meted out against him at the instance of the appellant, when he had every opportunity to mention the same to the learned trial Judge or to the police officers or to any prosecution agency. Such an indifferent stance and silence maintained by the second respondent herein and the categorical statement made before the Court below in his evidence as appreciated by the Court below was in the proper perspective, while rejecting the application of the respondents filed under Section 311 Cr.P.C. In our considered opinion, the trial Court, had the opportunity to observe the demeanour of the second respondent, while tendering evidence which persuaded the trial Court to reach the said conclusion and that deserves more credence while examining the correctness of the said order passed by the trial Court. In the light of the above conclusion, applying the various principles set out above, we are convinced that the order of the trial Court impugned before the High Court did not call for any interference in any event behind the back of the appellant herein. The appeal, therefore, succeeds. The order impugned dated 9.12.2010, passed in Crl. M.P. 12454/2010 of the High Court is set aside. The order of the trial Court stands restored. The trial Court shall proceed with the trial. The stay granted by this Court in the order dated 7.3.2011, stands vacated. The trial Court shall proceed with the trial from the stage it was left and conclude the same expeditiously, preferably within three months from the date of receipt of the copy of this order.

published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40520 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2013 (@ SLP (CRL.) No.2400 of 2011) Rajaram Prasad Yadav ….Appellant VERSUS State of Bihar & Anr. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. Leave granted. 2. This appeal is … Continue reading

Section 302 read with 149, 307 read with 149, as well as for offences under Sections 452, 148 and 147 IPC.= whether there was any controversy relating to the place of occurrence in order to doubt the case of the prosecution,-The I.O. found blood in the ‘Verandah’ of the third storey. He also found some pellets there. He had prepared memo Ext.Ka-7. It is also said that the incient had taken place in the ‘Verandah’ of the third storey of the house. PW-2 Smt. Zabira has clearly stated in her cross-examination that at the time of the incident all the injured were sitting in the ‘Verandah’ of the third storey. Thus, the place of occurrence was not doubtful.” ; whether there was any doubt about the death of the deceased, as submitted on behalf of the appellants. Mr. Jaspal Singh, learned senior counsel in his submissions referred to the Criminal Appeal No.752 of 2008 27 of 30 evidence of P.W.4, Dr. Irfan Ahmad, who examined the injured including the deceased at 5:45 pm on 05.09.1997 and contended that according to the doctor all the injuries were caused by firearm, that such injuries might have been caused from the distance of 40 feet, that the injuries were on the front side, that there was no injury on the head as compared to the evidence of P.W.5, the postmortem doctor, who stated categorically that injury No.1 was on the right side of the head, which might have been caused by Lathicharge, which was also the version of P.W.3. The learned counsel made further reference to Ext.A-18 by which the death of the deceased was communicated by the doctor to the police station for conducting a postmortem and the postmortem held on 07.09.1997. By making further reference to Ext.Ka-5, the postmortem report, which was issued by U.H.M. Hospital, Kanpur by one Dr. B.S. Chauhan while the name of P.W.5 the postmortem doctor who gave evidence was mentioned as Dr. P.V.S. Chauhan of Ursala Hospital, Kanpur, the learned counsel submitted that there were serious doubts as to whether it related to the corpse of the deceased and the concerned postmortem report really related to the deceased Zahiruddin in this case. Though, in the first blush, the said contention made on behalf of the appellants appear to be of some substance, on a close reading of the evidence of P.Ws.4 and 5, we find that such instances pointed out by learned counsel were all of insignificant factors and based on such factors it cannot be held that there was any doubt at all as to the death of the deceased or the injuries sustained by him as noted by P.W.4 in Exts.Ka-2, Ka-3 and Ka-4. Ext.Ka-3 is related to the deceased. Ext.Ka-5 postmortem certificate was issued by P.W.5. We should also state that nothing was put to the above said witnesses with reference to those alleged doubts relating to the death of the deceased Zahiruddin. We are not, therefore, inclined to entertain the said submission at this stage in order to find fault with the case of the prosecution.; whether there was any scope to hold that the offence would fall under Section 304 Part I or II and not under Section 302 IPC and that no other offence was made out, we can straight away hold that having regard to the extent of the injuries sustained by the deceased, P.Ws.2 and 3 and the aggression with which the offence was committed as against the victims, which resulted in the loss of life of one person considered along with the motive, which was such a petty issue, we are of the firm view that there was absolutely no scope to reduce the gravity of the offence committed by the appellants. We are, therefore, not persuaded to accept the said feeble submission made on behalf of the appellants to modify the conviction and the sentence imposed. 28. For all the above stated reasons, we do not find any merit in this appeal. The appeal fails and the same is dismissed.

published in http://judis.nic.in/supremecourt/filename=40475 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.752 OF 2008 Rafique @ Rauf & others ….Appellants VERSUS State of U.P. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal by the eight accused who were proceeded against in Crime … Continue reading

claimants are entitled to same compensation fixed already on relied judgement in the absence of negative grounds= in Balbir Singh’s case the value of the land was fixed to a sum of Rs.50,000/- per bigha. We are, therefore, of the view that while every other reasoning of the Division Bench in adopting the value, which was fixed in Balbir Singh’s case was justified, there is no need to deduct any amount from the said value, in as much as the exemplar relied upon by the Division Bench in Balbir Singh’s case, were all sale deeds pertaining to the period 18.01.1982 to 22.07.1983 i.e., prior to the very first notification issued in respect of the present acquisition of all the four villages viz., 01.08.1983, which notification pertains to the lands belonging to the appellants which were situated in Sahibabad Daulatpur village. = The appeals stand partly allowed by enhancing the compensation from Rs.42,000/- per bigha as determined by the Division Bench of the High Court to a sum of Rs.50,000/- per bigha, in respect of both categories of land. With the above modification in the rate of land value, the appeals stand partly allowed. Needless to add that appellants would be entitled for consequential benefits as per the law, if any.

published in http://judis.nic.in/supremecourt/filename=40474 Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.949 OF 2005 Premwati …. Appellant VERSUS Union of India & Ors. ….Respondents With CIVIL APPEAL NO.2443 OF 2005 Rajinder Singh (D) by Lrs. …. Appellants VERSUS Delhi College of Engineering ….Respondent J U D G M E N T … Continue reading

Mere Delay in sending FIR not fatal to the prosecution = where the FIR was actually recorded without delay and the investigation started on the basis of that FIR and there is no other infirmity brought to the notice of the Court then, however improper or objectionable the delay in receipt of the report by the Magistrate concerned be, in the absence of any prejudice to the accused it cannot by itself justify the conclusion that the investigation was tainted and the prosecution insupportable.

published in http://judis.nic.in/supremecourt/filename=40473 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1020 OF 2004 Sheo Shankar Singh …. Appellant VERSUS State of U.P. ….Respondent CRIMINAL APPEAL NO.1021 OF 2004 Sarvajit Singh @ Sobhu …. Appellant VERSUS State of U.P. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim … Continue reading

whether the death of the deceased was due to natural causes and that there was no CAUSAL CONNECTION between the death of the deceased and that of his employment.The Workmen’s Compensation Commissioner determined the compensation payable to the appellant herein in a sum of Rs.2,20,280/- along with another sum of Rs.2500/- as funeral charges under Section 4(4) of the Workmen’s Compensation Act. A separate show-cause-notice was issued for payment of interest and penalty. The respondent herein preferred the abovesaid appeal in FAO No.184/2005 in which the High Court passed the impugned order setting aside the order passed by the Commissioner. the deceased was actually driving the truck and that in the course of such driving activity as he felt uncomfortable he safely parked the vehicle on the side of the road near a hotel soon whereafter he breathed his last. In such circumstances, we are convinced that the conclusion of the Commissioner of Workmen’s Compensation that the death of the deceased was in an accident arising out of and in the course of his employment with the second respondent was perfectly justified and the conclusion to the contrary reached by the learned Judge of the High Court in the order impugned in this appeal deserves to be set aside. The appeal stands allowed. The order impugned is set aside. The order of the Commissioner for Workmen’s Compensation shall stand restored and there shall be no order as to costs.

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9084 OF 2012 (@ SLP (C) NO. 16063 OF 2007) Mst. Param Pal Singh Through Father ….Appellant VERSUS M/s National Insurance Co. & Anr. .…Respondents J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. Leave granted. 2. … Continue reading

In a case for consideration for confirmation of death sentence under Section 366 (1) Cr.P.C., the High Court is bound to examine the Reference with particular reference to the provisions contained in Sections 367 to 371 Cr.P.C. Under Section 367, Cr.P.C., when Reference is submitted before the High Court, the High Court, if satisfied that a further enquiry should be made or additional evidence should be taken upon, any point bearing upon the guilt or innocence of the convict person, it can make such enquiry or take such evidence itself or direct it to be made or taken by the Court of Sessions. We are, however, duty bound to state and record that in a Reference made under Section 366 (1) Cr.P.C., there is no question of the High Court short-circuiting the process of Reference by merely relying upon any concession made by the counsel for the convict or that of counsel for the State. A duty is cast upon the High Court to examine the nature and the manner in which the offence was committed, the mens rea if any, of the culprit, the plight of the victim as noted by the trial Court, the diabolic manner in which the offence was alleged to have been performed, the ill-effects it had on the victim as well as the society at large, the mindset of the culprit vis-à-vis the public interest, the conduct of the convict immediately after the commission of the offence and thereafter, the past history of the culprit, the magnitude of the crime and also the consequences it had on the dependants or the custodians of the victim. There should be very wide range of consideration to be made by the High Court dealing with the Reference in order to ensure that the ultimate outcome of the Reference would instill confidence in the minds of peace loving citizens and also achieve the object of acting as a deterrent for others from indulging in such crimes. it is the bounden duty of the Division Bench to carry out such exercise in the manner set out above and we feel it appropriate, therefore, to set aside the judgment impugned in this appeal for that reason and remit the matter back to the High Court for deciding the Reference under Section 366 Cr.P.C. in the manner it ought to have been decided. Inasmuch as the conviction and sentence imposed on the appellant was by the judgment dated 09.03.2007 of the trial Court and the offence alleged was dated 16.01.2006, while remitting the matter back to the High Court, we direct the High Court to dispose of the Reference along with the Appeals expeditiously and in any case within three months from the date of receipt of the records sent back to the High Court. The appeal stands disposed of with the above directions to the High Court.

  Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 407 OF 2008 Kunal Majumdar …Appellant VERSUS State of Rajasthan …Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal at the instance of the sole accused is directed against the judgment of the … Continue reading

service matter – whether the appellant was suitable for appointment to the post of male constable, the appointing authority has mechanically held that his selection was irregular and illegal because the appellant had furnished an affidavit stating the facts incorrectly at the time of recruitment.- when consideration of such claim by the candidates who deliberately suppressed information at the time of recruitment; can there be different yardsticks applied in the matter of grant of relief.we have noted certain other decisions taking different view of coordinate Benches, we feel it appropriate to refer the above mentioned issues to a larger Bench of this Court for an authoritative pronouncement so that there will be no conflict of views and which will enable the Courts to apply the law uniformily while dealing with such issues. 34. With that view, we feel it appropriate to refer this matter to be considered by a larger Bench of this Court. Registry is directed to place all the relevant documents before the Hon’ble the Chief Justice for constitution of a larger Bench.

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5671/2012 (@ SLP (C) No. 28608/2011) Jainendra Singh ….Appellant VERSUS State of U.P. Tr.Prinl.Sec. Home .…Respondent & Ors. O R D E R Fakkir Mohamed Ibrahim Kalifulla,J. 1. Leave granted. At the very threshold, we are confronted with a question as to … Continue reading

Today the original applicant is not available and his wife is pursuing this litigation. By a Government Resolution dated 04.07.1995, after making references to various other earlier resolutions of the Government of Maharashtra relating to grant of Freedom Fighters’ Pension, the criteria for grant of Freedom Fighters’ Pension was specified under two different categories, namely, one under “Prisoners Freedom Fighter” and the other under the category of “Underground Freedom Fighter”. A perusal of the documents enclosed by the appellant’s husband along with his application disclose that the appellant’s husband made out a case for grant of Freedom Fighters’ Pension under the category “Underground Freedom Fighter”. Applying the broad principles laid down in the decision of this Court in Gurdial Singh (supra), it will have to be held that there was nothing more for the State to examine to honour the claim of the appellant’s husband for grant of Freedom Fighters’ Pension. The claim of the appellant’s husband cannot be held to be a fraudulent one or without any supporting material.-The respondent State is directed to grant Freedom Fighters’ Pension in favour of the appellant’s husband and since he is no more, grant the same with all arrears to the appellant by passing appropriate orders expeditiously preferably within four weeks from the date of communication of copy of this order. We hope and trust that the State Government will not indulge in any further delay in the matter of grant of pension so as to enable the appellant to avail the benefits at least during her life time. The appeal stands allowed with the above directions to the respondent State. No costs.

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5344 OF 2012 (@ SLP (C) NO. 8899 OF 2010)   Kamalbai Sinkar ….Appellant VERSUS State of Maharashtra & Ors. .…Respondents J U D G M E N T   Fakkir Mohamed Ibrahim Kalifulla, J. 1. Leave granted. 2. This appeal arises … Continue reading

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