Indian Penal Code,1860  - Section 302

Conviction and sentence - Deceased was found lying in an unconscious state on road - Taken to hospital he came to his senses - Gave a dying declaration - Appellant accused - Assaulting deceased - Deceased expired next morning - Trial Court acquitted - High Court upset acquittal - Believed dying declaration - Convicted - Appeal - Some witnesses claimed - Deceased made dying declaration - After regained consciousness - PW-14 claimed till 3 pm, there was no dying declaration - No medical evidence - Suggesting - Deceased was in a fit medical condition to make such a dying declaration -Witnesses heard dying declaration - Reported the matter to PW-14 who made FIR - Would never have failed to mention name - Impugned judgment of High Court set aside and that of trial Court restored - Confirming acquittal - Appeal allowed.

Found In:  Judgement

Indian Penal Code,1860  - Section 324 , Section 326 , Section 328 , Section 201

Abkari Act - Sections 57A(1)(ii), 55(h) & (i), 58 - Adulteration of liquor or intoxicating drug with noxious substances, etc - Conviction and sentence - Prosecution alleged - Conspiracy hatched -Mixing poisonous methyl spirit - Death of 31 persons 266 persons suffered grievous injuries while 5 persons lost their eye sight completely - Accused not offered any evidence to discharge burden put against under section 57A (1) (v) - Prosecution clearly proved -Noxious substance which was likely to endanger the human life and that substance was mixed, permitted to be mixed and was being regularly mixed with liquor - The persons mixing had the knowledge that methanol was a dangerous substance and it is proved that as a result of mixing of methanol with the liquor and as a result of consuming such liquor as many as 31 persons lost their lives and number of others suffered grievous injuries - No question about the absence of conspiracy - PW-53 gave a complete graphic description of the occurrence and his evidence was not shaken in any manner in his cross-examination - Medical certificates as also the post-mortem reports have been meticulously dealt with the evidence of the witness proving such certificates as also the evidence of the doctors - No instance of inadmissible evidence having been accepted or some material evidence having been ignored by the Courts below - Conviction orders confirmed - Appeals disposed.
Abkari Act - Section 57A (1)(ii) - If, as a result of act of mixing of the liquor with noxious or dangerous substance death is caused, the extreme penalty of death also is provided.

Found In:  Judgement

Land Acquisition  - Land acquisition

Acquisition of land - Calculation memos - Correctness of - Increased compensation for buildings as well as trees - Ordered solatium @ 15% and interest @ 4% per annum - High Court confirmed compensation - Awarded by reference Court - Further held - In addition to market value of land - Claimants shall be entitled to additional amount calculated @ 12% per annum on such market value - Executing Court allowed execution petitions - Directed Land Acquisition Officer - Deposit decretal amount - Land Acquisition Officer filed revision petitions - Allowed - Appeals - Once APSRTC chosen to challenge - Calculation memos and failed in that exercise right up to this Court - Land Acquisition Officer now trying to challenge very same orders - Respondent was party to all proceedings including Civil Revision Petitions filed by APSRTC - Firstly for its impleadment - Secondly against the order passed by Executing Court - Accepting calculation memos - Respondent did not raise its finger against calculation memos - Presented by decree-holder - Appellants held - Question of correctness of calculation memos - Considered by High Court and this Court at various stages cannot be entertained - Order of High Court set aside - Executing Court restored - Appeals allowed - No costs.

Found In:  Judgement

Indian Penal Code,1860  - Section 302 , Section 34

Murder with common intention - Conviction and sentence - All the three accused persons had taken part in the beating of deceased and all the accused persons dragged him in the room and closed the door - Boy was hung with a hook in the ceiling. His feet were dangling and he was dead - the trial Court, acquitted the accused persons dis-believing the eye witnesses and held that their presence was doubtful - High Court convicted the three accused persons of the offence under Section 302 read with Section 34, IPC - Appeal - Incident happened at about 5 O'Clock in the evening - FIR at 6.40 p.m. - 8 Kms. away from the spot of occurrence - could not be said to be late reporting - Timing is slightly irregular - Would not be sufficient to reach a conclusion - FIR was ante-timed - Residence of PW-1 was hardly 300-350 steps away from the Pico centre where the incident was happening - Call this witness a chance witness is a perversity - PW-1, the author of the FIR had seen his own son being killed by three bullies of the locality - Sessions Judge did not take into consideration the evidence of the doctor who supported the prosecution case - No explanation from the accused persons, as to how the body was found in a hanging position in the house of one of the accused - All the three accused persons had acted with common intention of causing the death and guilty with the aid of Section 34, IPC - Appeal dismissed.

Found In:  Judgement

The Land Acquisition Act, 1894  - Section 4 , Section 6

Notification and declaration - Acquisition of lands - Challenged - Dismissed - Appeal - Acquisition for the public purpose of planned housing development is very much a public purpose- Acquisition has been justified on account of increase in the population and fast industrial development - No question of malafides in the acquisition - Original report and the order sheet specifically mentioned that not only was the hearing afforded, but all the objections have been specifically considered - Further seeing the report and the orders passed - Supreme Court - Not only the possession was taken, but there are activities going on at the behest of the Mathura Vrindavan Development Authority - Impugned judgment of the High Court confirmed - Appeal dismissed - No costs.

Found In:  Judgement

Indian Penal Code,1860  - Section 302 , Section 149 , The Arms Act,1959  - Section 27

Murder with unlawful assembly - All accused convicted - Murder of young bridegroom - Appeals - Whether all accused - Booked with aid of Section 149 IPC - Ground - Members of unlawful assembly having common object - Any active participation - Presence with an active mind - Furtherance of common object - Deceased seeing - Wife's relation being slapped and fisted - Resisted accused - Ultimately proved - A raison d'etre his death - 5 eye-witnesses - Presence most natural on spot - Supported prosecution version regarding deadly attack - Firing at his brother PW-7 - Supreme Court - Exhortation to bring gun - Definitely speaks guilty mind - Also use of guns - Very clear guilty mind - No dispute about - Formation of unlawful assembly - Common object - Appeals dismissed.

Found In:  Judgement

Indian Penal Code,1860  - Section 120-B , Section 302 , Section 201 , Section 404 , Section 414 , Section 457 , Section 460 , Section 34 , The Arms Act,1959  - Section 4 , Section 25

Criminal conspiracy, murder - Causing disappearance of evidence, robbery with common intention - Conviction and sentence - appellants trespassed the house of deceased by night - Looted and decamped with looted ornaments of silver and gold, cash and other articles - Murder weapon 'Jharbad' - Recovered from A-3 - Trial Court convicted all the 3 - Sentence A-3 to death - Awarded life imprisonment to other 2 accused - High Court - Confirmed sentences - Appeal - prosecution proved case against A-3 - Involved in robbery - Clear from the human blood detected on his clothes - Murder weapon recovered at his instance - A-3 found in possession of huge amount of gold - In form of ornaments ingots and cash for which no explanation - Four gold bangles were identified by A-4 - Seized from A-2 - Chain was identified by him seized from A-1-Ornaments correctly identified - A-1 also found in possession of - Stolen property immediately after the theft - Directly connected with crime - His shirt and shoes were stained with human blood - No explanation - Also no explanation about huge amount of silver ornaments with him - Supreme Court - Merely because - Recoveries from the same place - Already visited by police - Would not dispel evidence of discovery and recovery - Conviction of 3 accused/appellants confirmed - Not clear from the evidence - Who was the actual author of injuries on deceased - No definite evidence about the acts - Each accused - Death sentence to A-3 modified to life imprisonment - Appeals dismissed.

Found In:  Judgement

Indian Penal Code,1860  - Section 302 , Section 34

Conviction and sentence - High court confirmed - Conviction - Rigorous imprisonment for life - Enhanced to sentence of death -Supreme Court - All culpable homicides amounting to murder are inhuman - Judgments of the lower Courts affirmed - Sentence modified to life imprisonment instead of death sentence - Appeal partly allowed.

Found In:  Judgement

The Arbitration and Conciliation Act, 1996  - Section 11 (6)

To appoint an Arbitrator - International arbitration - Distributorship Agreement - Disputes - Petitioner issued notice for appointment of an Arbitrator - Not done - Petition filed - Whether this Court would be justified and have the jurisdiction to appoint an Arbitrator under Section 11 (6) of the Act - Held - No - Language of Article 22 and 23 of the Distributorship agreement - Clearly indicated - Disputes arising out of the Agreement - Finally settled by arbitration in Seoul, Korea - Rules applicable were the Rules of International Chamber of Commerce - Court held - Interpretation of Article 23.1 suggests - Law governing the arbitration will be Korean law - Seat of arbitration will be Seoul in Korea - No question of applicability of Section 11(6) of the Act- Petition dismissed - No costs.

Found In:  Judgement