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(a), Section 5 r/w 27 of the Arms Act. The gist of theprosecution case relevant for the purpose of this proceedingmay be stated thus: With the growth of industry, commerceand trade in and around the city of Mumbai which generatessubstantial quantity of wealth, there has been increase oforganised activities by gangs of anti-socials to extractmoney from affluent sections of society like developers,hoteliers and other businessmen by putting them in fear ofdeath and then to demand substantial sums of money commonlyknown as "Khadani" i.e. protection money.One such gangwas operating in the city under Amar Naik @ Bhai, who dieda couple of years before the decision in the case at anencounter with the police.The prosecution alleged that inpursuance of a criminal conspiracy between 15.1.1994 to16.5.1994 the accused persons and others of the gangembarked upon preparatory acts like procuring theinformation about the names of the builders of M/s KalpataruConstruction Company which was engaged in developing aproperty at Pali Hill, named Nakshatra Building.PW-7Sudhir Tambe was the Senior Vice-President of the companywith its head office at Nariman Point.He used to sit inthe head- office.PW 6 Pachapur, Civil Engineer, was anemployee of the company who used to remain at the site tosupervise the construction.As the prosecution story runs,on 15.4.1994 between 11.30 a.m. and 12.00 noon while PW 6was on duty at the construction site, accused no.3, NitinVasant Venugurlekar armed with revolver and accused No.4Rajindera @ Rajan Mahadeo Margaj armed with a chopper andaccused no.5 Jayendra @ Jai Anandrao Jadhav also armed witha chopper visited the site of Nakshatra Building; theythreatened the workers at the site, forcibly brought PW 6Pachapur in a room on the ground floor and man-handled him.Accused no.3, pointing a revolver at him demanded the name,address and telephone number of the builders.PW 6disclosed the name of PW 7 Tambe and gave his telephonenumber to them.The accused then asked him to go to theoffice of the builders at Nariman Point and make thearrangement for a telephonic talk with Tambe.PW 6 rushedto the office and told Tambe of what had happened at theconstruction site.This was followed by telephonic callsfrom the accused who wanted to speak to Tambe.Attemptswere made by PW 6 and PW 7 to avoid any discussion with thegangsters.Two or three days thereafter when the accusedgot Tambe on the telephone he (Tambe) gave them some othertelephone numbers and asked them to contact those personsincluding one D.N.Ghosh, the Security Contractor.Eight/tendays thereafter again a telephone call was made to theoffice of Tambe which was received by PW 6 who was informedby the person making the call that they could not get D. N.Ghosh on the telephone numbers furnished by Tambe.Thereafter PW 6 handed over the receiver to Tambe.Thisincident was followed by several threats given by thegangsters to workers and also repeated telephone calls madeto the Head Office of the company to contact Tambe.Thestaff of the site office absented from work resulting invirtual closure of construction activity.On 11.5.1994 thedeceased Sanjay Patil telephoned to Tambe and warned himthat he is wasting time and should meet him without furtherdelay.After some days there was one more similar call fromSanjay Patil and he asked Tambe that he should talk to Bhaiand saying so he handed over the receiver to another personwho gave his identity as Amar Naik (since deceased), whotold Tambe that he should pay Rs.10 lacs.The later pleadedhis inability to pay such a heavy sum and after somediscussion agreed to pay Rs.5 lacs.He was asked to come toNakshatra Building site on 16.5.1994 along with money.Inthe meantime Tambe informed all the happenings to the Addl.Commissioner of Police Mr.Sanjeev Dayal and the then Dy.Commissioner of Police of Zone VII Mr. Rajanish Shethwithin whose jurisdiction Khar Police Station fell.On 16.5.1994 at about 12.00 noon the deceased SanjayPatil telephoned Tambe and inquired from him as to what hewas going to do about the payment and then Tambe repliedthat he will be leaving office at about 2.00 p.m. for PaliHill.Sanjay Patil cautioned him that he should not makeany haste and he should wait for his call so that he willtake necessary instructions from his boss i.e. Amar Naik.At about 2.00 p.m. on that day there was a telephone callfrom Sanjay Patil telling that Tambe should not meet him atthe Nakshatra Building site but instead he should meet himnear the Ceaser Palace Hotel.This telephonic conversationwas tape-recorded.Tambe was instructed on telephone thathis man shall carry a white plastic bag containing theamount of Rs.5 lacs and shall wait near the entrance gate ofCeaser Palace Hotel and the person coming to collect thesaid bag will introduce himself as Me Rawanacha Manus Hai.Tambe informed to the DCP all these happenings and handedover the tape in which the telephonic conversation wasrecorded by him.The DCP had made the arrangements to keepa regular watch near the building site.PW 1 Sunil Deshmukhwas deployed to wait in cognito near the gate of the CeaserPalace Hotel and to carry the white plastic bag containingbundles of papers which would give an appearance like thebundles of currency notes.The other officers, who werealso in cognito, had taken their position at strategicpoints near the hotel.At about 4.05 p.m. Sunil Deshmukhnoticed that one red coloured Maruti van halted in front ofthe Ceaser Palace Hotel.He noticed three persons gettingdown from the said van.Those three persons were coming inhis direction, and the van went ahead 50 to 60 feets andhalted there.The deceased Sanjay Patil and the accusedno.7 Bapu Sidhram Gaikwad got down from the said van andaccused no.6 Mohamed Ismail was sitting on the driver seatin the van.Heenquired from PW1 about his identity and when PW 1 repliedthat he has been sent by Tambe Sahib.PW 1 Sunil Deshmukhthen asked that person who are you (Tum Kaun Hai) and thenthe accused no.2 Umesh Bhatt told him that Hum Rawan KeAadmi Hai.L.....I.........T.......T.......T.......T.......T.......T..J J U D G M E N T D.P. MOHAPATRA,J This appeal, filed by accused no.1 Babu KuttanRamkrishna Pillai and accused no.2 Umesh @ Babu PurshottamBhatt of TADA ACT Spl.Thereafter accused no.1 Babu Kuttan extendedhis hand towards PW 1 who delivered the bag to him.At thisjuncture the police officers who were standing nearby incognito rushed to the place and surrounded the threepersons.When the police officers were trying to overpowerthem the deceased Sanjay Patil @ Avinash Amanna and theaccused no .7 Bapu Sidhram Gaikwad came forward withrevolvers in their hands and threatened the police party bysaying they should leave their men or else the policemenwill be killed.Saying so they fired in the direction ofthe police party.At this point PW 1 took out his revolverand pointed it in the direction of the accused and told themwe are all policemen and you should throw away yourrevolvers else we will fire.Even then the accused personsfired some rounds in the direction of the police party, thenPW 1 and one other officer tried to rush towards them butthey sat in the said Maruti van and sped away from theplace.After the situation calmed down, the police drew thepanchnamas Ex.22 in presence of some witnesses andconducted personal search of the three culprits.On suchsearch accused no.1 Babu Kuttan Pillai was found to possessthe plastic bag containing the paper bundles (Art.1),accused no.2 Umesh Bhatt was found to possess a big Rampuriknife which was hidden at the waist under the pant by leftside.After completion of investigation the police submittedthe charge-sheet.The three persons at the spot wereremanded to the police custody.Subsequently, the otheraccused persons were also arrested.They were put to testidentification parade.The learned Trial Judge onappreciation of the evidence on record convicted accusedno.1 Babu Kuttan Ramkrishna Pillai and the accused no.2Umesh @ Babu Purshottam Bhatt for the offence punishableunder section 395 of the Indian Penal Code and sentencedeach of them to suffer rigorous imprisonment of 5 years andto pay a fine of Rs.500, in default of payment of fine toundergo further Rigorous Imprisonment for 6 months.Theywere also convicted under Section 120 B of the IPC but noseparate sentence was passed.They were acquitted of theother offences with which they were charged.The remainingaccused persons i.e. accused nos. 3,4,5,6 and 7 wereacquitted of all the charges framed against them.1 and 2, have filed this appeal assailing the judgmentpassed by the Designated Court at Brihan Mumbai,convicting/sentencing them as above.On a reading of the judgment under challenge, we findthat the learned trial Judge has considered the entire caseled by the prosecution in great detail and after discussingthe charges framed against the appellants under sections3(2), 3(3) and 3(5) of TADA Act, rejected the prosecutioncase on that count.Thereafter the learned trial Judge inparagraph 17 onwards considered the question of what offencewas made out against the appellants.After a detaileddiscussion of the relevant evidence placed by theprosecution and after examining it in the light of thecontentions on behalf of the defence, the learned trialJudge believed the testimony of PW 1- Sunil Deshmukh, PW 7 -Tambe and PW 9 - L.J. Kamble and came to hold that theappellants are guilty of the offence of criminal conspiracypunishable under section 120-B and the offence of dacoitypunishable under section 395 IPC and convicted themthereunder and imposed the punishment as noted earlier.We have perused the evidence of these witnesses.

['Section 395 in The Indian Penal Code', 'Section 120 in The Indian Penal Code', 'Section 5 in The Indian Penal Code']

05.09.13 Item No. 44 Court No.17 A.B.Item No. 44And In the matter of: Arabinda Das & Ors.- versus -The State of West Bengal Opposite Party Mr. Asraf Mandal For the Petitioners Ms. Ratna Ghosh For the State The Petitioners, apprehending arrest in connection with Hogalberia Police Station Case No. 133 of 2013 dated 06.03.2013 under Sections 498A/34 of the Indian Penal Code, have applied for anticipatory bail.The Petitioners are the brothers-in-law and the parents-in-law of the complainant.We have heard the learned Advocate for the Petitioners and the learned Advocate for the State.We have seen the case diary and other relevant material on record.The application for anticipatory bail is, thus, disposed of.(Nishita Mhatre, J) (Kanchan Chakraborty, J)

['Section 438 in The Indian Penal Code', 'Section 34 in The Indian Penal Code', 'Section 498A in The Indian Penal Code']

JUDGMENT R.K. Chowdhry, J.For offences under the last three countsthey were tried by jury and for that under the first with the aid of assessors.The appellants have been sentenced to 3 years' R. I. each under Section 120B, I. P. C. They have also been sentenced to 2 years' R. I. each under Section 161, I. P. C., plus a fine of Rs. 25,000/- in the case of Chari and of Rs. 5,000/- in the case of Vaish.By notification No. 223 of the Government of India in the Department of Supply, dated 25-2-1943, the Deputy Iron and Steel Controllers in various States were authorised to exercise the powers of the Controller.Each State was allotted a quota of the commodity., and the Deputy Iron and Steel Controller, referred to hereinafter as the D. I. S. C., distributed that quota to the stock holders of the State.The first D. I. S. C. in Uttar Pradesh at Kanpur was Sri B. D. Talwar P. W. 31, and the appellant Chari was Assistant Iron and Steel Controller under him.Chari took over as D. I. S. C. from Sri Talwar in the afternoon of 31-12-1945, and held that office until 20-9-1946, when he suddenly left Kanpur without waiting for his leave to be sanctioned by the Controller at Calcutta after handing over charge to Sri.There was an association of stock-holders of iron and steel at Kanpur known as the U. P. Registered Stock-holders Association.Chari was ex officio chairman of the Association.The railway administration was the main source of supply of scrap iron, and for U. P. it was the railway yard at Alambagh.The office of the D. I. S. C. at Kanpur consisted of various sections.The appellants have been convicted for having accepted illegal gratifications in return for favours shown in a number of instances by misuse of Chari's powers as D. I. S. C. of issuing written orders for purchase of iron and steel and for purchase of scrap iron and also his powers of issuing orders for release of material as Chairman of the Stock-holders' Association at Kanpur.Written orders are also said to have been forged to appear as if issued before the aforesaid dates of decontrol, and before the date on which directions were issued in the Conference at Calcutta and both the appellants are said to have been in criminal conspiracy to commit the aforesaid offences.Vaish is said to have accepted illegal gratification in two instances and to have abetted acceptance of illegal gratification by Chari.They made a number of seizures of articles and documents from the residence and office of Chari and from dealers in Kanpur and in various other districts, and L. S. Darbari submitted a charge sheet against the appellants on 2-3-1949 after necessary sanctions under Section 197 Cr. P. Code, and Section 6 of the Prevention of Corruption Act, 1947, had been obtained.Chari admitted having issued after return from the Calcutta conference licences ante dated as anterior to 23-3-1946 but pleaded that he did it so as not to appear to have disregarded the directions given by the Controlled at the said Conference.The other antedatings were denied.The statement of B. D. Soni P. W. 10, Superintendent Stock-holders' Association, to whom Chari addressed the said orders, that these priorities greatly disturbed releases appears therefore to be quite correct.Chari's defence relating to the pieces of furniture was that "he had given permission to Sher Singh Arora to keep these articles in his office so, that they may serve as advertisement and people may sit on them, because he had told me that he manafactured them.He had written in bold letters, thereon that they have been manufactured in his firm.Arora therefore supplied the revolving chair from his own Kanpur office.That explains why the revolving chair bore the aforesaid inscription.If advertisement had been the object, the inscription would much rather have been on the pieces got specially manufactured at Delhi.Moreover, it would be a strange phenomenon for a D. I. S. C., to lend his office to serve as an advertisement base for the goods of a firm, to say nothing of its being against officers conduct rules.In default of payment of fine, the defaulter is to suffer, further rigorous imprisonment for 6 months.One of these was the civil supplies section which prepared and issued written orders, or licences, for sale of iron or steel by the stock-holders Association at Kanpur in compliance with the orders of the D. I. S. C. on applications of persons for such licenses.Control on scrap Iron lasted till 31-12-1945, the date on which Talwar handed over charge to Chari.With effect from 1-1-1946, scrap iron was decontrolled, vide the General Authorisation Order, Ex. P301 dated 12-12-1945, issued by the Controller along with the letter Ex. 302 of even date to theRailway Board and all Regional D. I. and S. Controllers.With effect from 1-4-1946, iron and steel was decontrolled, vide the letter Ex. P308 from the Deputy Secretary to the Government of India in the Department of Industries and Supplies to the Provincial Governments and Chief Commissioners.Mr. E. G. Spooner P. W. 1, the Iron and Steel Controller, held a conference of the Deputy Regional Iron and Steel Controllers at Calcutta on the 25th and 26th of March, 1946, in which it was decided that although iron and steel was to be decontrolled from 1-4-1946, no further licences were to be issued in respect of that commodity, and oral instructions were given accordingly to all the D. I. S. Cs., Including Chari.Both the appellants denied the various charges levelled against them.Examination of the proceedings in the Sessions Court after commitment discloses that the record was received in the Court of the Sessions Judge on 12-5-1952 and on 30-6-1952 and he issued orders that prosecution witnesses be summoned from 25-8-1952 and the defence witnesses from 10-9-1952 onwards, that the accused's counsel be informed to produce them on 25-8-1952 and that 10 jurors be summoned.On 21-7-1952 Chari endorsed a note on the order sheet that he had received information fromhis counsel about his presenting himself in the Sessions Court on 25-8-1952, that he shall, present himself on that date and subsequently during the trial, and that no notice be issued to the sureties.On 24-7-1952 an application along with the list of defence witnesses was sent to the Committing Magistrate.On 14-8-1952 two applications were filed on behalf of Vaish, one for summoning certain defence witnesses and the other for requiring a prosecution witness, the Secretary, Iron and Steel Controller's office Calcutta, to produce a register.On the motion of the public prosecutor and by an order dated 16-8-1952 the Sessions Judge adjourned the sessions trial sine die, and on 29-8-1952 he transferred the case to the Court of Sri B. N. Chaudhari Additional Sessions Judge.On the same date the Additional Sessions Judge ordered summoning of prosecution witnesses from 3-11-1952 and defence witnesses from 18-11-1952 and also the summoning of jurors who had been selected already.Not only was the Sessions Court ready to commence the trial but the accused had appeared before it and witnesses for the prosecution and defence, the latter at the instance of the accused themselves, and jurors had been summoned.I propose to examine the ten instances on which the convictions are based in the order in which they have been dealt with by the learned Additional Sessions Judge.I am considering for the present the charges in respect of which there was jury trial, leaving consideration of the charge of criminal conspiracy to the end.At the same time the payment of bribe was also settled.In the next place, the deception was practised by Chari to derive benefit to himself for, as seen already, he did it to wrest the bribe of Rs. 8,000/- from Sheo Karan Das.The remaining charges against Chari need a more detailed examination.And the first in importance is the one of bribery.The charge under Section 165, I. P. C., in respect of acceptance of furniture by Chari seems to be wrong.The allegation being that the same was accepted as a motive or reward to grant licences and expedite supply of material, the proper section was 161, I. P. C. That presumably is why the offence under Section 165, I. P. C., is not one of those for which there has been any conviction.In regard to the payment of Rs. 10,000/- in two instalments, the cash book Ex. P. 290 containing entries about the sums and seized from the house of Sher Singh Arora by S. I. Anwar Husain P. W. 8 on 16-9-1946 does not appear to afford the requisite corro-boration.Arora's statement is that he got the furniture except the revolving chair from the firm at Delhi for Chari at Chari's request and supplied the revolving chair out of his own office furniture, and that when he demanded the price Chari said he would compensate him in other ways.Leaving the revolving chair, the rest of the furniture was worth Rs. 425/-.Chari compensated Arora by granting him licences Exhibits P. 281, 282, 284,.It had been marked on one piece."This defence was based on the legend appearing on the back of only one piece, as admitted: "Manufactured by the National Cycle Manufacturing Co., Kanpur".This was the name given to the branch office in Kanpur of a company in Delhi, manufacturing conduit pipes and articles, like tubular furniture made therefrom styled the National Conduits, and of which Arora was the Managing Agent.The seized furniture was tubular furniture.It is proved from, the statement of Arora, supported as it is by the statements of Nanak Chand Tandon P. W. 50, his local manager, Jagmohan Bansal P. W. 15 manager of the Delhi firm and Baboo Lal Vaish P. W. 46Delivery Clerk in the Central Goods-shed Kanpur, and a number of documents proved by them, that the pieces of furniture other than the revolving chair were got manufactured by Arora in the Delhi firm and received from there, and that the revolving chair was supplied by Arora from his own office.Those pieces were however not seized from the office, but from the residence of Chari, as testified to by the aforesaid police officer and Sri Bal Govind Singh P. W. 16, the Additional City Magistrate who supervised the seizure.The seizure was made from a building known as the Ayodhya Bha-wan part of which served as Chari's office and part as his residence.Cross-examination of the Magistrate made it all the more clear, while the statement of the police officer was not challenged in cross-examination.The list Ex. P. 17 is also corroborative of the statements of these two witnesses about the furniture in question having been seized from the residential portion of the building since the articles seized were all house-hold effects.Emplacement of furniture in the residence could hardly make for advertisement.Certain statements appearing in the evidence of Sher Singh Arora and his local Manager Nanak Chand Tandon were drawn upon by the learned counsel for Chari.Arora's statement in the Sessions Court was that his manager knew how the said inscription was painted on the back of the chair, but his statement in the court of the Committing Magistrate was that he had got it painted.Nanak Chand Tandon also stated at the trial that Arora had asked him to have it done.That was more natural, and that was also the earlier version of Arora himself before the Magistrate.It appears to have been the merest slip on the part of Arora therefore to have said at the trial that his Manager knew how the inscription was painted.Reference was also made to the statement of Tandon that Arora had asked him to have 'Presented by National Cycle Manufacturing Co.' painted but the painter had inscribed 'Manufactured by Nation Cycle Manufacturing Co.' instead.This was evidently mere embellishment.Another statement appearing in Nanak Chand Tandon's cross-examination and referred to by Chari's learned counsel was that the revolving chair was given by Mr. Arora to Chari for his office.It does not appear that the said inscription was put at the back of the chair on Chari expressing his desire, after having been presented with the other furniture specially ordered for him from Delhi, that he also required a revolving chair.That wish of Chari was complied with by Arora having taken to him a chair, as it was, from his own office.There was nothing strange therefore that such a witness should have readily given in to the suggestion in cross-examination that the inscription was made for the sake of advertisement.And a reference to the quota register Ex. P. 62 shows that these licences, bearing numbers 3,61,717 and 3,61,721, also appear under a date that was tampered with.Both the appellants have of course denied receipt of the amounts.Prosecution evidence in support of this charge under Section 161, I. P. C., against the two appellants consists of the statements of Brahma Swarup Gupta P. W. 11 himself and his partner Sat Narain who was examined under Section 540, Criminal P. C.Being bribe-givers themselves, both these witnesses were accomplices and their testimony required independent corroboration.These stray entries could be made at any time.Accomplice evidence in this instance therefore lacks corroboration.The aforesaid charges of bribery cannot therefore be said to have been brought home to the appellants.(4) Banwari Lal Saraswat : The prosecution case relating to this instance is that in return for granting a number of licences for purchase of iron and steel Chari was given by Banwari Lal Saraswat P. W. 2 a secondhand refrigerator worth Rs. 1,200/- on or about29-3-1946 and D. C. Orient ceiling fans worth about Rs. 300/- in the last week of August 1940 as bribe, and that he antedated the licences Exhibits P. 110, P. 109 and P. 94 from 29-3-1946 to 23-3-1946 and thereby committed forgery.This charge of forgery is against Vaish also.The crucial question, both for the charge, under Section 161 and that under Section 467, I. P. C., is whether the refrigerator and the fans were accepted by Chari as illegal gratification.It is also the prosecution case, as admitted by Banwari Lal Saraswat P. W. 2 and testified to by two employees of the Electric Supply Co. at Kanpur, L. N. Shukla P. W. 20 and A. " Maul P, W. 21, that early in May 1946 the refrigerator developed some defect, but the same could not be repaired in the U. P. Electric Supply Co.The prosecution case is that the refrigerator was thereafter given by Chari for repair to K. S. Reuben P. W. 29, a mechanic, at the suggestion of Banwari Lal Saraswat.That may be so, but the crucial question is whether it had been given to Chari by Banwari Lal as bribe or whether Chari had taken it on hire from him.Corrobaration for that evidence was sought to be found in the letter Exhibit P24 dated 6-5-1946 which Chari wrote to the Electric Supply Co. Kanpur for the repair of the refrigerator because in this letter he described the refrigerator as "my personal one." That is however a description which even a person who had taken the refrigerator on hire could have used in order to impress upon the Electric Supply Co. that the work required their special attention.It appears that the Electric Supply Co. had at the same time been requested telephonically by Banwari Lal Saraswat for the repair of the refrigerator, and Exhibit P. 25 dated 7-5-1946 is the reply which the company sent to Banwari Lal Saraswat.That did not however detract from the defence plea that the fans had been taken on hire.There is no doubt that a suspicion arises that the refrigerator ,and the ceiling fans may have been accepted by Chari as illegal gratification in view of the fact that he had granted licence for a large quantity of the commodity in favour of Banwari Lal Saraswat, but suspicion cannot take the place of proof.I am therefore of the view that the prosecution has not been able to prove the charge under Section 161, I. P. C., against Chari.That being so, the charge of forgery by antedating licences should also fail since the element of gain to Chari is wanting.The other appellant Vaish could not possibly be held to be guilty of the offence under Section 467 I. P. C. even if that charge stood established against Chari since there was no allegation, much less proof, that there was payment of any illegal gratification to Vaish.The charge relating to this instance therefore fails against both the appellants.Kali Charan was the Munim of those firms and Bulaqi Das Goel P. W. 13 and Ram Saran Das P. W. 47 were some of the proprietors of the firms.These applications, which are said to have been presented to Chari on 30-3-1946, are alleged to have been been typed at Agra on 29-3-1946 by one S. V. Shastri, an employee in the said firms.At the same time, the aforesaid sums of Rs. 2,000/- and Rs. 100/- are said to have been paid to Chari.According to Kali Charan payment of bribe was settled at Rs. 40/- per ton and Rs. 100/-represented part payment of bribe relating to the corrugated sheets, the rest having been promised to be paid later.Chari is said to have asked Kali Charan to change the date of the applications to 19-3-1946, but Kali Charan said that this could not be done as the proprietors were at Agra.The balance of Rs. 700/- payable to Chari in respect of the corrugated sheets was however not sent to him.Both the appellants denied the charges.Both Kali Charan and Bulaki Das admit that they maintained account books in which all the expenses of the firms were recorded; but none of those books of account was produced.One of them, a rokar 'bahi, is said to have been seized by L. S. Darbari.Kali Charan admitted that there was no entry in the books of account relating to the aforesaid sum of Rs. 2,100/- and both he and Bulaki Das professed ignorance as to whether the travelling expenses of Kali Charan and Shastri (the latter is also said to have come to Kanpur with Kali Charan) were entered in the books of account or not.It follows that as Chari derived no advantage, and as the antedating cannot be said to have necessarily caused loss, damage or injury to anybody else, the charge of forgery also fails.On this finding, failure of charge against Vaish follows as a necessary consequence.The application Exhibit P. 52 is said to have been presented to Chari for the licence on 3-4-1946, but it is said to have been antedated to 23-3-1946 at the instance of Chari.The charges against Vaish were of forging the licence and abatement of acceptance of the aforesaid sum of Rs. 1000/- by Chari.Here again the accomplice evidence of Ram Sarup Nigam and Raj Bahadur suffers for want of independent corroboration.Raj Bahadur admits that account books were maintained, but the same were not produced and there was no explanation for their non-production.Rat Bahadur stated that Ram Swarup Nigam had told him that the amount was being paid out of the income of his Zamindari and it was therefore not entered in the books of account.Besides this statement being unworthy of reliance on the very face of it, it is inadmissible being hearsay.The prosecution produced two witnesses, Yamin Khan P. W. 33 and Mohammad Hanif P.W. 53, who stated that they had also paid bribes to Chari, and that they were able to do so by Ram Swarup Nigam acting as the go-between.The evi-dence of these two witnesses besides being unsupported by any documentary evidence, cannot be said to be corroborative of the payment of the alleged bribe by Ram Swarup Nigam himself since they speak of payment of certain bribes which had nothing to do with the alleged payment of bribe by or on behalf of Ram Swarup Nigam.The charge in res-pect of payment of Bribe therefore fails and, as a necessary consequence also the charge of forgery against both the appellants.The licence was granted in favour of the firm Shambhu Dayal Deep Chand of Baraut in the district of Meerut of which Kapur Chand Jain (P. W, 7 was a partner and Jagdish Prasad P. W. 9 this manager.The licence' was granted on the application Exhibit P. 296, Kapur Chand Jain profess-ed to have seen Chari on the 20th and 22nd of March 1946 when Chari is said to have asked him to apply with the recommendation of the Sub-Divisional Magistrate or some other gazetted officer.He then returned, to Baraut and got the application typed by Jagdish Prasad.He then saw Char with the application on 29-3-1946, and, according to the witness, payment of bribe to Chari at Rs. 50/- per ton was then settled and the witness was asked to see Chari at his house in the evening.The antedating of the order passed by Chari on 23-3-1946 and of the licence issued on foot of that order is no doubt clear in view of the dates of the aforesaid recommendations, but here again no advantage was derived by Chari since bribe is only said to have been settled but not paid.For reasons al-ready recorded, the charge of forgery against both the appellants therefore fails.He left the application with Chari and got intimation slips subsequently but no licence.In view of the date of the Magistrate's re-commendation there is no doubt that Chari antedated his order and the licence but here again as there was no allegation, much less proof, of payment of any bribe, the charge of forgery against both the appellants fails.(9) Gauri Shanker Goel: In this instance lalso the only charge is of forgery of the licence Exhibit P. 82 against both the appellants.Gauri Shanker Goel P. W. 63 professes to have taken his, application Exhibit P. 82A with the recommends tion of the Magistrate Sri G. S., Churamani P. W. 45-dated 27-3-1946, and a few days later he professes to have received the licence in a registered cover.Gauri Shanker Goel says that bribe was demanded from him but he paid none because he was a poor man.In this instance also therefore although Chad did antedate his order and therefore the licence the charge of foregery cannot be said to have been made out because there is no evidence of Chari having derived any benefit.The charge of forgery against Vaish also fails not only because of that charge filing against Chari but also because Vaish appears to have prepared the licence in compliance with the order of Chari.(10) Bhagwan Das : This was the only, instance of grant of licence for purchase of scrap iron which was decontrolled from and on 1-1-1946 The charge against Chari was that in return for a bribe of Rs. 400/- paid to him on 3-1-1946, by Bhagwan Das P. W. 60, proprietor of the Kanpur Iron Manufacturing and Supply Co. and Manager of his father's firm Baldeo Das Daya Ram, Chari antedated the licence Exhibit P. 278 as having; been ordered to be issued prior to the control.The charge against Vaish was that he had also received a bribe of Rs 100/- on the same date from Bhagwan Das and committed forgery by preparing the aforesaid licence.The prosecution proved the antedating from the evidence of A. K. Sinha P. W. 30, a clerk in the office of the D. I. S. C. at Kanpur according to whom the last written order passed by Chari's predecessor was Exhibit P. 272 dated 31-12-1945 That according to the testimony of A. K, Sinha and the other prosecution witnesses, was the date on which Talwar handed over charge to Chari late in the afternoon after which no work was done that day in the office.The charge in question therefore fails against both the appellants in this instance also.From what has gone before, therefore, it appears that the charges against Chari in respect of offence punishable under Sections 161 and 467, I.P.C., have been brought home to him only in the 1st and 2nd instance, and no charge has been brought home to Vaish in any of the 10 instances.As regards the charge of criminal conspiracy under Section 120B, I. P. C. the conspiracy is said to have been formed by Chari with Vaish and others, meaning presumably the other employees in his office.None of the charges has however succeeded against Vaish.The other employees in the office would also appear to have done their part of preparing the licences under the orders of Chari who was their superior officer.

['Section 120B in The Indian Penal Code', 'Section 161 in The Indian Penal Code', 'Section 467 in The Indian Penal Code', 'Section 109 in The Indian Penal Code']

It is further alleged that present applicant, Jai Prakash Soni and Patwari Bhagchand Kourav send this case to the Board of Revenue, Gwalior.Complainant also alleges in the FIR that his sister's name recorded in Khasara No.236/1, but in this area, a land recorded is a temple land, he has neither donated for any temple nor constructed any temple.The applicant and other person Jai Prakash Soni and village Patwari Bhagchand Kourav hatched the conspiracy and recorded wrong name in the revenue record by playing fraud.Actual place of incident is village Chichali where the land is situated.(a) A, by falsely pretending to be in the Civil Service, inten- tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.A cheats.(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article.A cheats.(c) A, by exhibiting to Z a false sample of an article, inten- tionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article.A cheats.(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats.(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money.A cheats.(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money.A not intending to repay it.A cheats.(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery.A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.(h) A intentionally deceives Z into a belief that A has 9 performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.A cheats.(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats."(Delivered on 03.04.2019)2. Facts giving rise to this petition, in short, are that Dhannalal Soni lodged a written report to the Superintendent of Police Narsinghpur on 25.04.2017 and also lodged FIR in Police Station Narsinghpur for the offence punishable under Sections 420 and 406 of IPC against the applicant with two other persons namely; Bhagchand Kourav and Jai Prakash Soni alleging in both the complaint that the land situated in Khasara No.236 area 1.40 acares recorded in the name of of his mother Makkhan Bai and after the death of Makkhan Bai, the names of her five sons namely Dhannalal Soni 2 (complainant), Tekchand Soni, Vijay Soni, Subhash Soni and Poonam Soni and two daughters; Asha Soni and Vimla Soni were jointly recorded in the revenue record along with other co-owners Jai Prakash Soni and Omkar Singh Soni.Lateron Jai Prakash Soni and Omkar Singh Soni sold out their share to some person and only share of complainant-Dhannalal Soni, his brothers and sisters remained.Lateron, Dhannalal Soni came to know that Jai Prakash Soni, Village Patwari Bhagchand Soni and present applicant Hemraj Kourav under conspiracy got recorded the name of present applicant in place of complainant Dhannalal Soni and his brothers in the area 0.121 Hectare.He has not sold any land to present applicant.Dhannalal Soni filed the appeal against the order of mutation before the Court of SDO (Revenue) Gadarwara, case is pending there.Police Station Narsinghpur after registering the Crime No.0/17 send the FIR to Police Station Chichali District Narsinghpur where Crime No.102/2017 was registered against the applicant and other accused.During investigation revenue record Khasara No. 236/1 and 236/2 and other 3 revenue records were seized and sale deed, on that basis the name of present applicant were recorded in the revenue record was also seized.Being aggrieved by this criminal proceedings, the applicant filed this petition under Section 482 of Cr.on the ground that he had purchased a part of the land which falls 1/6th [0.09 hectare] share of the total land with the consent of sons of Pannalal i.e. Vijay, Tekchand, Subhash and Bablu on 20.02.1995 and on that basis, applied for recording the name in the revenue record.Thereafter, mutation was done vide order dated 17.05.1995 and in the year 2000, the land was diverted for the commercial purpose and constructed a Hotel thereupon.After a lapse of 19 years complainant Dhannalal, out of greed challenged the mutation order dated 17.5.1995 (Annexure-D-4) before the SDO Gadarwara on 25.2.2014 which is still pending and on 27.04.2017 i.e. after a lapse of 23 years, lodged a complaint before the Police Station Narsinghpur and send a written complaint to the Superintendent of Police, Narsinghpur.Learned Senior counsel for the applicant submits that applicant has falsely been implicated in the case whereas, he has not committed any offence.The dispute between the applicant and complainant Dhannalal is purely of civil nature.Applicant purchased the land near about 23 years ago and complainant remained silent for a period of 23 years.Complainant- Dhannalal can file a civil Suit for declaration of their title and to declare the sale deed and mutation order as null and void before the trial Court but he 4 has filed criminal complaint for blackmailing the applicant.The ingredients of Sections 420 and 409 of IPC prima facie has not made out against the applicant.Most of the purchaser got mutated their name in the revenue record.The complainant lodged a forged and fictitious complaint and prayed to set aside the criminal case and criminal proceedings initiated against the applicant.Learned Govt. Adv.for the State vehemently opposes the aforesaid prayer and submitted that there is prima facie material collected during investigation against the applicant and on that basis, the learned trial Court has taken the cognizance of the offence punishable under Sections 406 and 420 of IPC and prayed to dismiss the petition.Heard counsel of both parties and perused the case diary of Crime No.102/2017 registered at Police Station Chichali District Narsinghpur.It is not disputed that the Makkhan Bai is the wife of Pannalal Soni, they have five sons namely Dhannalal Soni, Vijay, Tekchand, Subhash and Bablu and two daughters Asha Bai and Vimla Bai.After the death of Makkhan Bai and Pannalal, the names of the aforesaid legal heirs were jointly recorded in the revenue record.The name of Jai Prakash Soni and other persons were also recorded in the revenue record jointly.Complainant alleged that he and his brothers have not put their signature on the sale deed nor they have given their consent for mutation.It is also undisputed fact that complainant has not filed any Civil Suit for declaration of their title and declaration of sale deed and mutation order as null and void.Complainant Dhannalal further alleged in the FIR and in the statement recorded during investigation that the name of his sisters Asha and Vimla remained in the revenue records and his share is separated as Khasara No.236/1 and also mentioned in the FIR that person who purchased the piece of land constructed their house and some have not constructed the house.In the statement recorded under Section 161 of Cr.P.C., he also stated that his sisters Vimla and Asha in the year 2012 sold out the plot to one Rashid Khan by registered sale deed but did not obtain consent of the complainant and his brothers.In the same manner, Jai Prakash Soni, who recorded as co-owner also sold the land to Hari Om Choudhary and not obtain the consent of Complainant-Dhannalal and his brothers.The complainant further stated that the land comes in the share of Pannalal, father of complainant, is .70 decimal.After the death of Pannalal, five brothers and two sisters succeeded ten decimal land equally falls in the share of each successor.He further stated that his sister sold out the land but he has not raised any objection because she might have sold his own share.Complainant Dhannalal and his brothers denied for the signature.Thereafter, applicant got mutated his name in the revenue record.This is purely a civil dispute.The complainant lodged a complaint against the applicant after a lapse of 23 years.It is contended by the Senior counsel for the applicant that NTPC in the year 2012 had acquired some land for set up Super Thermal Power Project near Chichli as a result of rise in the price of land complainant out 7 of greed had challenged the mutation order after a lapse of 19 years in order to create pressure on the applicant.The allegations made in the FIR and the criminal case appears to be of civil nature.

['Section 420 in The Indian Penal Code', 'Section 406 in The Indian Penal Code', 'Section 155 in The Indian Penal Code', 'Section 415 in The Indian Penal Code', 'Section 409 in The Indian Penal Code', 'Section 156 in The Indian Penal Code']

Petitioner is a medical practitioner having a degree of MBBS and Master of Surgery (MS).According to him, he is specialized in Minimal Access Surgery and vide certificate dated 14.11.2014 the Association of Minimal Access Surgeons of India (FMAS) has certified that he has been qualified in the art and science of minimal access surgery.As per the allegation in the FIR, on 07.03.2018 complainant Shambhu Dayal Agrawal, R/o D/120, Awas Nagar, Dewas came to M.Y Hospital, Indore for treatment of his daughter viz. Ku.Divya Agrawal, aged 21 years as she was suffering from pain-2- MCRC No.38710/2019 in her abdomen.They met the present petitioner who is posted in the surgery department of the M.Y Hospital, Indore.After preliminary examination of Ku Divya, petitioner advised for a minor operation and told that the operation theater of MY Hospital is contaminated and supporting staff is no competent hence it would be better to take admission in Medi Care Hospital, Old Palasia Indore for which the expenses would be Rs.30,000/- for operation.The petitioner further assured that he is performing such type of operations regularly.On his advice, the complainant has admitted his daughter in Medi Care hospital and after pathological test on 30.05.2018 performed the operation.After two days of the operation, the health condition of Ku.Divya has started deteriorating.The complainant met the petitioner and requested him to examine his daughter further.He again called him in his clinic on 04.06.2018 and again he demanded Rs.70,000/- for another operation and when he objected Ku.Divya has been forcibly discharged from the hospital by the petitioner.On 06.06.2018 the complainant admitted his daughter in Choitram Hospital and came to know that the petitioner has committed negligence in the operation by putting two clips at a wrong place in her liver.Hence, another P.T.B.T operation was conducted in Choitram Hospital for which he spent further Rs.1,00,000/-.The complainant has further alleged that although the petitioner is a surgeon of breast cancer, however, to extract money from him he has negligently performed the surgery of gall bladder of his daughter and left her to die and still she could not recover.According to the petitioner, Ku.Divya informed him regarding her stomach ache because of which she was unable to eat properly for a long time.He examined her medically and also gone through the previous reports and after clinical diagnosis, he found that she is suffering from chronic cholecystitis with cholelithiasis commonly known as swelling infection in gall bladder because of stone.He explained them regarding the disease, about the treatment i.e. laparoscopy cholecystectomy operation and also advised for some tests to be conducted before such operation.The complainant has agreed for operation and signed the consent letter for operation.On 30.05.2018 she was admitted in Medi Care Hospital and on 31.05.2018 near about 7 hrs.she was shifted to operation theater and operation was started.During operation swelling in gall bladder was seen and small contracted thickened gall bladder was stuck with callous triangle in the stomach.It was also found by him that calloos triangle was completely frozen and artery of the liver was not normal.He performed cholecystectomy very cautiously and carefully and applied abdominal drain on sub haptic region.As there was no bleeding and Billary leakage, the port side was closed and at around 8.30 hrs.she was shifted to the recovery room in stable condition.On 01.06.2018 petitioner again visited the hospital and examined the patient and found her in stable condition and the abdominal drain output was minimal.She did not make any complaint of stomach ache or fever to him.However, on 02.06.2018 she started vomiting during the night and after receiving information he immediately rushed to the hospital without any delay and advised for some tests and sonography.(Passed on 21.01.2020 ) Petitioner has filed the present petition under section 482 of the Cr.P.C seeking quashment of an FIR registered against him at Crime No.277/2019 in Police Station Palasia, Indore for the offence punishable under sections 336, 337, 338, 308 & 384 of the IPC.Facts of the case in short which led to the registration of FIR against the petitioner are as under:Based on the complaint made by the complainant, the Police investigated the matter and recorded the statement of Ku.Divya and other witnesses and after completing the investigation Challan has been filed on 19.06.2019 against the petitioner for the offence punishable under sections 336,After examining the report it was found that she had an injury on bile-duct.Looking to the serious condition of the patient he requested Dr.Vinit Gautam, G.I. Surgeon to visit the hospital for-4- MCRC No.38710/2019 an examination of the patient.Vinit Gautam visited the hospital and informed that there is a bile-duct injury which is the common and post-operative complication of laparoscopy cholecystectomy and is curable.He suggested for percutaneous transhepatic billary drainage (P.T.B.D) and since the facility of P.T.B.D was not available in Medi Care Hospital, therefore, the petitioner referred and she was shifted to Choitram hospital on the same day.Thereafter he is not aware of the condition of the patient and on 04.09.2018 the complainant filed a complaint against him before the Chief Medical Officer, who constituted a panel of doctors to enquire about the allegations.The said panel of doctors submitted a report (Annexure P/5) in which she was not found guilty.Later on 19.06.2019 in the police station, Palasia Indore complainant filed the FIR against him.Shri Z.A.Khan, learned Senior Advocate appearing for the petitioner submitted that petitioner is a qualified surgeon having a degree of MS from Devi Ahilya Vishwavidyalaya, Indore in general surgery.He has also passed fellowship in the minimal access surgery examination held at Banaras Hindu University, Varansasi on 10th August, 2014 and has been awarded the certificate in the 9 th International Congress of AMASI held on 14.11.2014 in Dubai.Looking to the clinical diagnosis of the patient the petitioner has rightly operated with due care and precaution.As of today, he has performed more-5- MCRC No.38710/2019 than 300 surgeries of similar nature.There was no irresponsible or wrongful act on the part of the petitioner while treating the patient.The complainant himself decided to admit his daughter in Medi Care Hospital.He has not produced any material before the Police to show that he contacted the petitioner in MY Hospital for the operation.A panel of doctors has examined the patient and submitted the report in favour of the petitioner.The patient suffered the type-4 bile-duct injury after the operation which is very common in such operations.NCT of Delhi and others, 1998 (8) SCC 557 as below -4............................................offence punishable under Section 308 IPC postulates doing of an act with such intention or knowledge and under such circumstances that if one by that act caused death, he would be guilty of culpable homicide not amounting to murder.An attempt of that nature may actually result in hurt or may not.It is the attempt to commit culpable homicide which is punishable under Section 308 IPC whereas punishment for simple hurts can be meted out under Sections 323 and 324 and for grievous hurts under Sections 325 and 326 IPC.Because of the foregoing discussion, no case is made out for quashing of the entire FIR filed against the petitioner at this stage except charge under section 308 of IPC.Hence, FIR registered under

['Section 308 in The Indian Penal Code', 'Section 336 in The Indian Penal Code', 'Section 338 in The Indian Penal Code', 'Section 337 in The Indian Penal Code', 'Section 384 in The Indian Penal Code', 'Section 325 in The Indian Penal Code', 'Section 326 in The Indian Penal Code', 'Section 323 in The Indian Penal Code', 'Section 482 in The Indian Penal Code', 'Section 324 in The Indian Penal Code']

This petition under Section 482 read with Section 483 of Code of Criminal Procedure, 1973 (in short 'the Code') has been preferred by the petitioners seeking the following relief:Keeping in view the aforesaid facts and circumstances of the case, order sheet of trial Court dated 21-04-2014 has been perused which is as follows:^^jkT; }kjk ,-Mh-ih-vks-A vkjksih Jherh deys'k exjS;k LFkk;h gkftjh ls ekQA vkjksih fodkl vk;Z lfgr Jh lkSjHk feJk vf/koDrkA vfHk;kstu lk{; vuqifLFkrA vkns'kkuqlkj lk{kh dks rkehy tkjh ughaA vr% vkns'kkuqlkj dk;Zokgh vko';d :i ls dh tkosA izdj.k esa vfHk;kstu lk{kh dzekad 1 O;ogkj U;k;k/kh"k ds in ij inLFk gksus ds dkj.k mUgsa ekuuh; jftLVkj tujy egksn;] e0iz] mPp U;k;ky; tcyiqj ds ek/;e ls vkgwr fd;k tkosA cpkoi{k vf/koDrk }kjk fuosnu fd;k x;k gS fd bl izdj.k ls lacaf/kr ,d vU; ifjokn fodkl vk;Z cuke Jherh lfjrk yafcr gS vkSj mlh ds lkFk gh bl izdj.k esa Hkh rkjh[k is'kh fu;r dh tkosA izdj.k vfHk;kstu lk{; gsrq mDr izdj.k ds lkFk fnukad 29-05-2014 dks is'k gksA^^ Further on perusal of order sheets dated 07-03-2014, 29-05-2014, 23-06-2014 and 16-07-2014 it seems that continuous adjournments have been given by writing the order-sheets in same fashion.Perusal of these order-sheets also shows that there is no progress in the trial.For the forgoing reasons, trial Court is directed to take steps for securing the presence of witnesses and after recording the evidence, matter be finally decided as soon as possible, preferably, 3 MCRC.No.7426/2014 within a period of 12 months.With the aforesaid, the petition stands disposed of.Copy of this order be sent to the trial Court for information and necessary compliance.(B.D. Rathi) Judge Anil

['Section 498A in The Indian Penal Code', 'Section 34 in The Indian Penal Code', 'Section 323 in The Indian Penal Code', 'Section 427 in The Indian Penal Code']

Heard learned counsel for the applicants, Sri Vipin Kumar, learned counsel has appeared on behalf of the complainant and learned A.G.A. for the State respondent.The present application has been filed for quashing the proceedings of complaint case no. 391 of 2009 under Section 295-A IPC pending before Additional Chief Judicial Magistrate V, Meerut.It is contended by the learned counsel for the applicants that the applicants are the journalists and presently posted as Sr. Editor and ?Executive Editor of magazine "India Today"; that the complainant/opposite party no.2 filed a complaint under Section 295-A IPC read with Section 153-A, 504 IPC on the allegation that in the issue dated 11.9.2002 of the India Today magazine (Hindi Edition), a photograph of Lord Ganesha was printed as advertisement of ICC Championship Trophy to be held in Sri Lanka in the year 2002, showing Lord Ganesha holding a cricket ball.It was alleged in the complaint that the cricket ball has been made out by cow hide and publication of said photograph has hurt the feeling of complainant and other sections of Society, as no Hindu takes leather shoes, wallets etc. near religious places; that in support of complaint the complainant recorded his statement as well as statement of one Puneet Sharma, Advocate, and thereafter, the Magistrate, vide order dated 24th December, 2002 took cognizance in the matter under Section 295-A IPC only and summoned the accused;It is further contended by the learned counsel for the applicant that as soon as the applicant came to know about the summoning order he moved an application/objection on 15th February, 2003 but the matter was adjourned on various dates due to various reasons.Ultimately, said application/objection of the applicant was rejected on 1st October, 2005 and the accused was directed to appear.

['Section 504 in The Indian Penal Code']

As per prosecution case, on 27.4.2012 at about 15:30 pm complainant Sundar was going to Sanwar Market in goods carrier bearing registration no. MP28 L 0528 09 which was being driven by the applicant.The vehicle was crowded with the passengers more than the existing capacity.Heard on IA No.835/2019 which is an application for grant of bail.However, during the course of arguments, learned counsel for the applicant submits that the applicant has completed sufficient period in custody, therefore, the revision may kindly be heard finally.With the consent of learned counsel for the parties, this revision petition is finally heard.This criminal revision has been filed by the applicant under Section 397/401 of Cr.P.C being aggrieved by judgment dated 21.12.2018 passed by 1st Additional Sessions Judge to 2 nd Additional Judge, Chhindwara in criminal appeal No.28/18 rejecting the appeal and confirming the judgment of conviction and order of sentence passed by the learned JMFC, Chhindwara in criminal case no. 2752/12 whereby the applicant has been convicted for the offence under Sections 337 (24 counts) and 338 (2 counts) of the I.P.C and sentenced to pay fine of Rs.200/- (24 counts) and undergo R.I for 6 months with fine of Rs.100/- (2 counts) respectively with default stipulations.The applicant being driver of the vehicle drove the vehicle rashly and negligently.Resultantly, the vehicle got turned turtle, because of which, the passengers sustained injuries including the complainant.The matter was reported to the Police Station Lavaghoghari, District Chhindwara where FIR was registered at Crime No. 75/12 for the offences under Sections 279, 337 & 338 of the IPC.The matter was taken into investigation and after completing all due formalities, challan was filed before the court concerned.Learned trial court framed the charges for the offence under Sections 279, 337 and 338 of the IPC.However, learned trial court on appreciation of evidence on record, convicted and sentenced the applicant as mentioned earlier.Being aggrieved thereby, the applicant preferred a criminal appeal bearing no. 28/18 before the appellate court which was also dismissed.Hence this revision.She has not narrated any other injury on her person.While Dr. Shikhar Surana (PW-9) has stated that on 30.4.2012 he took x-ray of right shoulder of Sanarwati and found fracture of clavicle bone and fractures on 2nd, 3rd, 4th,, 5th and 6th ribs.Similarly, another injured Ramdas (PW-6) has stated that in the incident bone of his hand was broken and Dr. Shikhar Surana (PW-9) has stated that on 27.7.2012 after x-ray examination he found fracture of radius bone of Ramdas (PW-6) but he has not disclosed duration of the aforesaid bone injury.However, he has stated that there was no callus present.It means the bony injury was fresh injury while x-ray was taken after four months.Hence, it cannot be said that the aforesaid bony injury was caused at the time of incident.Therefore, the finding of both the courts below being a pervert require interference of this court.In the aforesaid circumstances, the conviction and sentence of the applicant be modified.In view of this court, the contention of learned counsel for the applicant has substance.

['Section 337 in The Indian Penal Code', 'Section 338 in The Indian Penal Code', 'Section 279 in The Indian Penal Code']

Brief facts necessary for determination of this application are that:-In September, 1985 applicant was posted in Electricity Distribution Division-III, Ghaziabad as Junior Engineer.At that time Chief Engineer (Hydel) was his appointing authority.The case was investigated.The matter along-with necessary documents was placed before the Chief Engineer (Hydel) seeking sanction for prosecution of the applicant, who refused to grant sanction vide his order dated 29.09.1987 (Annexure-2).Meanwhile the Act of 1947 had been repealed and substituted by Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act, 1988').The matter was again put up before Chief Engineer (Hydel) for sanction, who again refused to grant sanction vide his order dated 27.10.1989 (Annexure-3).On completion of investigation charge-sheet No. 6 dated 10.10.1994 has been filed.Heard Shri K. K. Arora, learned counsel for the applicant and learned AGA for the State.This application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.06.1995 (Annexure-6) whereby charges have been framed against the applicant with further prayer for quashing of all proceedings of Special Trial No. 353 of 1994 (State of U.P. Versus Indra Kumar Adhlakha) pending in the court of 14th Additional District & Sessions Judge, Ghaziabad.On 11.09.1985 one Shri Babu Khan son of Shri Latif Khan made a complaint to the District Magistrate, Ghaziabad about demand of illegal gratification of Rs. 1,500/- by the applicant and others.On that information, a trap was laid and allegedly the applicant was caught red handed while accepting illegal gratification from the aforesaid complainant.Consequently, a first information report was lodged as Case Crime No. 247/85 under Sections 161, 120-B of Indian Penal Code (hereinafter referred to as 'IPC') and Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act, 1947).The case commenced before the District & Sessions Judge, Ghaziabad as Special Trial No. 353 of 1994 (State versus Inder Kumar Adhalkha & others) under Sections 161, 120-B of IPC and Section 5 (2) of the Act, 1947, which has ultimately been transferred to 14th Additional District & Sessions Judge, Ghaziabad.The applicant filed an application claiming his discharge and also submitted written arguments as per direction of the Court.Feeling aggrieved therefrom, the present application under Section 482 Cr.P.C. has been filed seeking reliefs as stated above.The application is devoid of merits and liable to be quashed.I have considered the above referred rival submissions raised by the learned counsel for the parties and perused the record.Consideration implies application of mind.The order of sanction must ex facie disclose that the sanctioning authority had considered the evidence and other material placed before it.On the basis of above referred cases it is settled legal position that when once on certain material the Sanctioning Authority decides not to grant sanction, certainly on the same material, the Sanctioning Authority cannot change its opinion.Perusal of the record reveals that on 12.1.2017 following order has been passed:The sanction order dated 20.1.1993 (Annexure-4) passed by the Governor of U.P. reads as under:M ikoj gkml lsDVj&9 uks,Mk] xkft;kckn esa dk;Zjr FksA fnukad 11&9&85 dks ckcw [kWk ¼f'kdk;rdrkZ½ iq= Jh yrhQk [kkW }kjk ftykf/kdkjh xkft;kckn dks fn;s x;s vius f'kdk;rh i= esa dgk x;k Fkk fd fnukad 10&9&85 dks fnu esa djhc ,d cts Jh bUnz dqekj v/ky[kk voy vfHk;Urk ,oa Jh vkj0ch0flag voj vfHk;Urk mudh QSDVjh lqijQwM ,.M vk;y izksMDVl eerk czkUM Mh&61 lsDVj 10 uks,Mk xkft;kckn ds ifjlj esa vk;s vkSj ekfyd Jh ckcw [kkW ls fctyh dk fcy ekWxk vkSj dgk fd QSDVªh esa yksM vf/kd gS Jh v/ky[kk us viuh dkih esa dqN fy[kk vkSj Jh ckcw [kkW dks crk;k fd blesa fctyh dk yksM vf/kd gksus ds ckjs esa fy[kk gS rFkk Jh ckcw [kkW ls gLrk{kj ds fy;s dgk] ysfdu muds euk djus ij Jh v/ky[kk us dgk fd QSDVªh dk ekfyd gksus ds ukrs mUgsa gLrk{kj djus iMs+xs rnksijkUr Jh ckcw [kkW us viuh fVIi.kh ,d ehVj 15 ,p0ih0 2 ehVj 15 ,p0ih0 3 ehVj 2 ,p0ih0 fy[kdj ogkW vius gLrk{kj cukdj rkjh[k Mky nh nksuks voj vfHk;Urk QSDVªh ls pys x;s vkSj pyrs le; Jh v/ky[kk us dgk fd og Jh vkj0ch0flag ls muds ?kj ij feys 'kke dks Jh ckcw [kkW Jh flag ls ugha feys vkSj blds ctk; og viuh QSDVªh igqWps rks muds lqijokbtj Jh eksrh flag us crk;k fd ykbueSu Jh jke fd'kksj lDlsuk vius nks gsYijks ftuesa ,d ljnkj flag isVªksy eSu Fkk ds lkFk vkdj QSDVªh dks ykbudkV x;s vkSj pyrs le; Jh ljnkj flag dg x;k gS fd Jh ckcw [kkW voj vfHk;Urk Jh v/ky[kk ls rFkk lk{kh Jh djrkj flag] fuoklh cjksrk] Fkkuk lkykjiqj uks,Mk xkft;kckn rFkk Jh eksrh flag fuoklh bVSyh Fkkuk [ktuh tuin xksj[kiqj tks QSDVªh esa lqijokbtj Hkh Fkk ds lkFk fnukad 12-9-85 dks lka;dky 6-30 cts Jh ckcw [kkW dks QSDVªh esa Vªsi vk;ksftr fd;k vkSj muds dk;kZy; ij Jh ckcw [kkW ls 1500@& dks ?kwl xzg.k djrs gq;s Jh bUnz dqekj v/ky[kk voj vfHk;Urk dks jaxs gkFkks fxjQ~rkj fd;k x;kA 2&% vkSj pwWfd mDr dk;kZsa ls ,slk vijk/k curk gS tks Hkkjrh; n.M lafgrk dh /kkjk 161 ,oa Hkz"Vkpkj fuokj.k vf/kfu;e 1947 ¼vf/kfu;e la[;k&2 lu~ 1947½ dks /kkjk 5 dh mi /kkjk ¼2½ ds v/khu n.Muh; gSA 3&% vkSj pwWfd bl ekeys esa miyC/k lHkh vfHkys[k fooj.k ,oa lk{; ij lko/kkuh iwoZd fopkj djus ds mijkUr rFkk ekeys dks lHkh ifjfLFkfr;ks dks ns[krs gq;s jkT; ljdkj dk ;g fopkj gS fd Jh bUnz dqekj v/ky[kk o Jh vkj0ch0flag voj vfHk;Urk ,oa Jh ljnkj flag isVªksy eSu dks Hkkjrh; n.M lafgrk dh /kkjk 161 rFkk /kkjk 161 ds lkFk ifBr /kkjk 120&[k vkSj Hkz"Vkpkj fuokj.k vf/kfu;e 1947 dh /kkjk 5 ¼2½ ds v/khu l{ke U;k;ky; esa vfHk;ksftr fd;k tk;A 4&% vkSj pwWfd 'kklu ds vkns'k la[;k&1631ch&2@93&23&306bZ@85 fnukad 17 vizSy 1993 }kjk v/;{k@lfpo ,oa eq[; vfHk;Urk ¼ty fo/kqr½ mRrj izns'k jkT; fo|qr ifj"kn y[kuÅ ls vis{kk dh x;h Fkh fd 20 ebZ 1993 rd mDr Jh bUnz dqekj v/ky[kk Jh vkj0ch0flag voj vfHk;Urk ,oa Jh ljnkj flag isVªksy eSu ds fo:) vfHk;kstu dh iwoZ eatwjh ns vkSj mDr izkf/kdkjh fofufnZf"V vof/k esa Hkhrj iwoZ eatwjh nsus esa foQy jgs gSA 5&% vkSj pwWfd Hkz"Vkpkj fuokj.k vf/kfu;e 1947 fujLr gks pqdk gSA 6&% vr,o vc Jh jkT;iky ,rn~ }kjk Hkz"Vkpkj fuokj.k ¼mRrj izns'k la'kks/ku vf/kfu;e 1991½ mRrj izns'k vf/kfu;e la[;k&4 lu~ 1991 }kjk ;Fkk la'kksf/kr Hkz"Vkpkj fuokj.k vf/kfu;e 1988 ¼vf/kfu;e la[;k&49 lu~ 1988 dh /kkjk 19 dh mi /kkjk ¼1½ ds [k.M ¼?k½ ds v/kkhu 'kfDr dk iz;ksx djrs gq;s mDr vijk/kks ds fy;s vkSj mi;qZDr dk;ksZ ds lEcU/k esa fof/k ds vU; micU/kks ds v/khu n.Muh; fdUgh vU; vijk/kksa ds fy;s mDr Jh ljnkj flag] isVªksy eSu dks vfHk;kstu djus vkSj mDr vijk/kksa dk fdlh vf/kdkfjrk ;qDr l{ke U;k;ky; }kjk laKku djus ds fy;s iwoZ eatwjh iznku djrs gSA jkT;iky dh vkKk ls] ¼ch0ds0prqosZnh½ izeq[k lfpoA"1&% ;g fd vfHk;kstu i{k lrdZrk vf/k"Bku ls vfHk;qDrx.k ds fo:) Hkk0na0la0 dh /kkjk 161 ,oa Hkz"Vkpkj fuokj.k vf/k0 1947 dh /kkjk&5 mi /kkjk&2 ds v/khu ekuuh; U;k;ky; esa vkjksi i= izsf"kr fd;k gSA 2&% ;g fd ?kVuk fnukad 12-9-85 ls lEcfU/kr gSA 3&% ;g fd vfHk;qDrx.k ds fo:) fnukad 29-9-87 dks eq[; vfHk;Urk ^ty fo|qr^ m0iz0jk0fo0 ifj"kn y[kuÅ ,oa fnukad 27&10&89 dks eq[; vfHk;Urk ^^ty fo|qr** m0iz0jk0fo0 ifj"kn us vfHk;qDrx.k ds fo:) /kkjk&6 Hkz"Vkpkj fuokj.k vf/kfu;e 1947 esa vfHk;kstu ds fy;s iwoZ Lohd`r nsus ls bUdkj dj fn;kA ;s vfHkys[k i=koyh ij miyC/k gSA 4&% ;g fd Hkz"Vkpkj fuokj.k vf/kfu;e 1988 dh /kkjk&19 dh mi/kkjk ^^1** ds [k.M ^^?k** v/;kof/kd la'kksf/kr ds v/khu egkefge jkT;iky ds vfHk;kstu ds fy;s viuh Lohd`r iznku dh gSA 5&% ;g fd jkT; ljdkj dh vfHk;kstu ds fy;s iwoZ Lohd`r fof/k fo:) ,oa izkd`frd U;k; ds fl)kUr ds fo:) gSA jkT; ljdkj us iwoZ Lohd`r vf/kfu;e la[;k&2 lu~ 1947 dh /kkjk 5 ¼2½ ds v/khu Lohd`r iznku dh gS blh vf/kfu;e dh /kkjk&6 ds iwoZ Lohd`fr ds fy;s 'kfDr dk iz;ksx ugha fd;k x;k gSA 6&% ;g fd jkT; ljdkj dh iwoZ Lohd`fr o"kZ 1988 ds vf/kfu;e la[;k&49 ds v/khu iznku dh x;h gS tc fd jkT; ljdkj dks vf/kfu;e 1988 dh /kkjk&19 ds vUrZxr /kkjk&2 ¼2½ o"kZ&1947 ds vUrZxr iwoZ Lohd`fr iznku djus dk dksbZ vf/kdkj izkIr ugha gS lu~ 1988 ds vf/kfu;e esa jkT; ljdkj dsoy /kkjk&7]10]11]13 vkSj 15 ds vUnj gh vfHk;kstu ds fy;s Lohd`r nsus dk vf/kdkj izkIr gSA 7&% ;g fd bl izdkj egkefge jkT;iky us vfHk;kstu ds fy;s iwoZ Lohd`fr nsrs le; vius foosd dk iz;ksx ugha fd;k gS vkSj fof/kd n`f"V ls iwoZ Lohd`fr fof/k fo:) ,oa nks"kiw.kZ gSA ftlds vk/kkj ij orZeku esa vfHk;kstu dh dk;Zokgh dks lapkfyr ugha fd;k tk ldrkA vr% Jheku~ th ls izkFkZuk gS fd iwoZ Lohd`r nks"kiw.kZ gksus ,oa fof/kd izfdz;kvks dk ikyu u fd;s tkus ds dkj.k vfHk;qDrx.k dks mUeksfpr djus dh d`ik djsaA fnukad& 13&3&95 vfHk;qDrx.k }kjk&f'ko dqekj xqIrk ,MoksdsV xkft;kcknA"The impugned order dated 7.6.1995 (Annexure-6) passed by the trial court reads as under:Þeqdnek iqdkjk x;kA pktZ ij cgl lquhA miyC/k lk{; ds vk/kkj ij izFke n`"V;k vkjksi curk gSA eqyfteku bUnz dqekj v/ky[kk ljnkjflag o juohj flag U;k;ky; esa mifLFkr vk;sA vfHk;qDrx.k ds fo:) /kkjk 161] 120¼[k½ Hkk0na0la0 ,oa 5¼2½ Hkz"Vkpkj fuokj.k vf/kfu;e ds vUrxZr vkjksi xfBr fd;k x;k ftlls vfHk;qDrx.k us bUdkj fd;k rFkk fopkj.k fd;s tkus dh ;kpuk dks i=koyh okLrs lk{; fnukad 10-7-95 dks is'k gksAßOrder Date :- 31.8.2018 Israr/Ravi Prakash

['Section 161 in The Indian Penal Code', 'Section 120B in The Indian Penal Code', 'Section 5 in The Indian Penal Code']

5052.2016 Cri.Appln.odt 3 B) The F.I.R., complaint, registered with Narsi (Namdeo) Police Station vide C.R.No.12/2016 under Section 498 (a), 323, 494, 504, 34 of I.P.C. may kindly be quashed and set aside.It is submitted by the learned counsel appearing for the applicants that, applicant no.1 is the husband of respondent no.2 i.e. complainant, and applicant nos.2 and 3 are in-laws of respondent no.2; while the rest of the applicants are brother-in-law and sister-in-law of the complainant.It is alleged in the FIR that, the complainant went to reside at village Atharwadi, though applicant no.1 is serving at Thane.It is alleged that, applicant no.1 did not take respondent no.2 at Thane and ask her to ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Reserved on : 17.04.2017 Pronounced on : 20.04.2017 JUDGMENT: (Per S.S.Shinde, J.):1. Heard.2. Rule.Rule made returnable forthwith, and heard finally with the consent of the parties.This Application is filed with the following prayer:::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::It is alleged by the complainant that, all the accused persons used to harass and ill-treat respondent no.2 for fulfillment of illegal demand of Rs.70,000/-.There are also allegation of instigation.It is submitted that, even if the allegations in the FIR are taken as it is, an ingredient to constitute an alleged offences under Sections 498A, 323, 494, 504 r/w.34 of the Indian Penal Code are not attracted.Only with a view to harass applicant no.1 and his relatives, respondent no.2 has lodged the First Information Report.It is further submitted that, so far as applicant no.4 - Ramkishan Natha More, applicant no.5 Ashok Natha More and applicant no.6 Laxmibai Ramkishan More are concerned, there are no allegations against them in the proceedings instituted under the Domestic Violence Act. It is further submitted that, ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.The complainant started residing with her parents since 18th September, 2013, till date.The learned counsel appearing for the applicants invites our attention to the grounds taken in the application, and also annexures thereto and submits that, the application deserves to be allowed.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::5052.2016 Cri.On the other hand, the learned APP appearing for respondent - State, relying upon the investigation papers and the allegations in the FIR, submits that, there are serious allegations.It is submitted that, though the marriage of applicant no.1 with respondent no.2 is subsisting; still applicant no.1 has performed marriage with applicant no.8, and therefore, there are allegations in the FIR, which would attract ingredients to constitute offence under Section 494 r/w.34 of the Indian Penal Code.Therefore, he submits that, the application may be rejected.The learned counsel appearing for respondent no.2 submits that, applicant no.1 with the consent and connivance of the other applicant nos.2 to 7 got married with ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 7 applicant no.8, though the marital tie between applicant no.1 and respondent no.2 is intact/in subsistence.Therefore, he submits that, the application may be rejected.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::We have heard the learned counsel appearing for the applicants, learned APP appearing for the respondent - State, and the learned counsel appearing for respondent no.2 at length.We have carefully perused the allegations in the FIR, and we are of the opinion that, except applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More, case of the other applicants deserves no consideration.So far as applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More are concerned, there are no allegations either in the complaint instituted under the Domestic Violence Act by respondent no.2, and also in the complaint ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 8 filed on 21st November, 2013, before the District Women and Child Development Officer i.e. Women Grievance Redressal Cell.Upon careful perusal of the allegations in the FIR, there are omnibus and general allegations against the aforesaid two accused persons.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::So far as other accused i.e. applicant nos.1 to 3, 5, 7 and 8 are concerned, as rightly submitted by the learned APP appearing for respondent - State and the learned counsel appearing for respondent no.2 that, during subsistence of marital tie between applicant no.1 and respondent no.2, there is an allegation in the FIR that, applicant no.1 has performed second marriage with applicant no.8 - Prajawati.Unless the investigation is taken to the logical end, the truth will not surface on record.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::5052.2016 Cri.In that view of the matter, we are not inclined to entertain the application to the extent of applicant nos.1 to 3, 5, 7 andHence their application stands rejected.In the light of discussion in the foregoing paragraphs, the FIR vide Crime No. 12/2016, registered with Narsi [Namdeo] Police Station, for the offences punishable under Sections 498A, 323, 494, 504, 34 of the Indian Penal Code, to the extent of applicant no.4 Ramkishan Natha More and applicant no.6 Laxmibai Ramkishan More, stands quashed and set aside.This order will not preclude the applicants, ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 ::: 5052.2016 Cri.Appln.odt 10 whose applications stands rejected from availing of an appropriate remedy in case the Investigating Officer, after completion of investigation, files report under Section 173 [2] of the Criminal Procedure Code.::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:54:30 :::

['Section 498A in The Indian Penal Code', 'Section 494 in The Indian Penal Code', 'Section 323 in The Indian Penal Code', 'Section 504 in The Indian Penal Code', 'Section 34 in The Indian Penal Code']

Originally, in this case, there were fiveaccused, including these appellants.(a)The accused and the prosecution party belong to PaanangulamVillage in Tirunelveli District.There is a temple in the said village, knownas "Muppidari Amman Koil".The villagers use to organize annual festival in thetemple, known as "Kodai" festival, during summer season.Thedeceased Kanthan, one Ramamoorthy Reddiar and P.W.14 were the leaders of thevillage, who organized the said festival.On 12.08.1997, these accused came tothe temple and wanted the deceased and others to play songs, through speakers,relating to their communal leader.The deceased and others declined.This occurrence isprojected to be the motive.(b)P.W.1 is the wife and P.Ws.2 and 3 are the daughters of thedeceased.P.W.20 is the mother of the deceased.On 20.08.1997, at about 10.30p.m., P.Ws.1 to 3 and P.W.20 and the deceased were in their house at PaanangulamVillage, Singikulam Main Road.At that time, suddenly, all the five accused,including the absconding accused Murugesan, came to the house and knocked at thedoor.P.W.20 opened the door.All the five accused trespassed into the houseof the deceased.At that time, the 1st accused/1st appellant - Pool Pandi andthe absconding accused Murugesan and the 4th accused Ramiah, were all armed witharuvals.The 2nd accused/2nd appellant - Murugan and the 3rd accused/3rdappellant - Raju did not possess any weapon.On entering into the house, the1st accused/1st appellant shouted as to where the deceased was.P.W.1 attemptedto intervene.Immediately, the 1st accused/1st appellant cut her with aruval,on her right hand and caused simple hurt.The deceased was sleeping in theroom.All the accused went near him.The 1st accused/1st appellant attacked himwith aruval on his hip, left forehand and on the head below the left ear,repeatedly.The absconding accused Murugesan cut him on his chest and rightshoulder.P.W.20 tried to intervene.But, the 2nd accused/2nd appellant pushedher down and stamped her on her chest, causing simple hurt.The 3d accused/3rdappellant attacked the daughters of the deceased with hand and caused simplehurt.The deceased died instantaneously.All the accused, thereafter, fled-away from the scene of occurrence.(c)P.W.6 is the brother of the deceased.At the time ofoccurrence, he was at his home.On hearing the alarm raised, he rushed to thehouse of the deceased and came to know about the occurrence.Then P.W.1narrated to him the entire occurrence.P-23 is the FIR.Then, P.W.17 forwarded Exs.P-1 and P-23 to the court,through P.W.18, a Constable attached to the said police Station.Then he handed overcopy of the FIR to P.W.21, the then Inspector of Police, attached to NanguneriPolice Station.(e)Taking-up the case for investigation, P.W.21 proceeded tothe place of occurrence at 4.30 a.m. on 21.08.1997 and prepared Ex.He also prepared Ex.P-29Rough sketch, showing the place of occurrence.Then, he conducted inquest onthe body of the deceased between 5.00 a.m. and 8.00 a.m. and prepared Ex.P-28Inquest Report.During inquest, P.W.21 examined P.Ws.1 to 5 and P.W.20 andrecorded their statements.Then, he recovered bloodstained brick piece (M.O.3)and sample brick piece (M.O.4), from the place of occurrence, under Ex.P-4Mahazar, in the presence of witnesses.Thereafter, he forwarded the body forpostmortem.P.W.15 opined that the deceased would appear to have died of injury to lungs,shock and haemorrhage.Ex.P-22 is the postmortem certificate.According tohim, these injuries could have been caused by weapon like aruval.(g)As soon as P.W.1 made the complaint under Ex.P-1, she wassent with a police memo to the Government Hospital at Nanguneri, for treatment.P.W.15 examined her at 6.30 a.m. on 21.08.1997 and found an incised wound 6 x 1x/12 cm, over medial aspect of right palm.(i)Continuing the investigation, P.W.21 forwarded the materialobjects, collected from the scene of occurrence, to Court.When they were brought to the police station, at 2.30 p.m., on04.09.1997, the 1st accused/1st appellant gave a voluntary confession, in whichhe disclosed the place where he had hidden an aruval and on the same date, at3.30 p.m., the absconding accused Murugesan gave a voluntary confession, inwhich he disclosed the place where he had hidden another aruval.Ex.P-27 is the Serological Report.As per the Chemical AnalystReport, bloodstains were found on two aruvals and no bloodstain was found on the3rd aruval.As per the Serological Report Ex.P-27, bloodstains are of humanorigin but, result of grouping test remained inconclusive.P.W.21 collectedmedical records, examined the doctor and finally laid charge sheet against allthe five accused, on 08.09.1997, under Sections 147, 148, 449, 352, 323, 324,109 and 302 read with Section 149 IPC.Fine amount, if any, paid by them shall be refunded tothem.The bail bonds executed by them shall stand discharged.(iii)The conviction of the 1st appellant/1st accused (Pool Pandi)under Sections 302, 324 and 449 IPC is hereby confirmed.However, thepunishments imposed thereunder shall stand modified, as under:(c)For the offence under Section 449 IPC, he shall undergorigorous imprisonment for one year and shall pay a fine of Rs.3,000/-, indefault shall undergo two weeks rigorous imprisonment.The sentences areordered to run concurrently.(d)The fine amounts, if any, already paid by him as per thesentence imposed by the trial court shall be adjusted towards the fine amountsnow imposed.Excess fine amount, if any, paid shall be refunded to him.(iv)It is stated that the 1st appellant/1st accused (Pool Pandi) ison bail.The bail bonds executed by him shall stand cancelled.The trial courtis directed to take necessary steps to secure his presence and commit him tojail to undergo the sentences imposed on him.(Judgment of the Court was delivered by S.NAGAMUTHU,J) The appellants are the accused in S.C.No.78/1999 on the fileof the learned Special District and Sessions Judge for Communal Clash Cases,Southern Districts at Madurai.Initially, the case was on the file of theII-Additional District and Sessions Judge, Tirunelveli, in S.C.No.364/98 andcharges were framed by the same court as against all the five accused, asunder:The 3rd accused was one Murugesan andthe 5th accused was one Ramiah.The 4th accusedwas one Mr.Ramiah.By judgment, dated 30.09.2004, the trial court acquitted the4th accused Ramiah from all the charges framed against him.However, the trialcourt convicted these appellants and sentenced them as detailed hereunder:The trial court ordered the sentences to run concurrently.On 12.08.1997, suchfestival was celebrated.The deceased, in this case, was one Mr.P.W.6 reduced the same into writing, as acomplaint.Then taking the complaint, P.W.1 and P.W.6 went to Nanguneri PoliceStation.(d)At 3.00 a.m., on 21.08.1997, when P.W.17, the then Sub-Inspector of Police, attached to Nanguneri Police Station, was on duty, P.W.1presented the complaint to him.On the said complaint, P.W.17 registered a casein Crime No.359/1997 under Sections 324, 302 IPC.(f)P.W.15 Dr.Christopher Dass, was the Civil Surgeon, attachedto Nanguneri Government Hospital, at the relevant point of time.On 21.08.1997,at about 1.00 p.m., he conducted autopsy on the body of the deceased.Henoticed the following external injuries."(1)Incised wound over upper part of chest obliquely placed, 4 cm belowthe upper end of sternum, measuring 27 x 12 x 31/2 cms.On the right side ofsternum, it measured 18 cm.Part of right lung has come out through the lowerpart of the wound.(2)Incised wound 18 x 10 x 6 cm on the right side of right upper armexposing muscles and fractured end of upper part of humerus.(3)Incised wound 4 cms distal to left wrist and muscle was hanging looselyfrom skin, from the lateral aspect.Cut ends of metacarpal bones and tendonsseen.(4)Incised wound 12 x 6 x 2 cm over posterior aspect of left fore armexposing muscles.(5)Incised wound 20 x 4 cm over left side of abdomen, maximum depth 3cm onthe upper part, wound present transversely.(6)Incised wound 3 x 11/2 x 1/2 cm over left side of fore head."P.W.15 opined that the injury sustained by P.W.1 issimple in nature.(h)P.W.20 was also sent for treatment, with a police memo.At08.15 p.m., on 21.08.1997, P.W.20 appeared before P.W.15, for treatment.Onexamination, P.W.15 found a brownish contusion 6 x 3 cm over upper part ofchest.P.W.15 opined that the said injury is simple in nature.On 28.08.1997, theaccused 1, 2 and 4 and the absconding accused Murugesan surrendered before thelearned Judicial Magistrate No.I, Tuticorin.At 4.15 p.m.,the 4th accused Ramiah gave a voluntary confession, in which he disclosed theplace where he had hidden another aruval.In pursuance of the confessions, therespective accused took the police and witnesses to the respective places andproduced the weapons (M.Os. 1, 2 and 5 Aruvals) and P.W.21 recovered the same inthe presence of P.Ws.12 and 13 and returned to the police station.(P.Ws.12 and13 have turned hostile and did not support the case of the prosecution, in anymanner).P.W.21 forwarded the accused to the court for judicial remand andhanded over the material objects to the Court.On such examination, the Chemical Analyst submitted a reportunder Ex.4.Based on the above materials, the learned II-AdditionalDistrict and Sessions Judge, Tirunelveli, framed charges against all the fiveaccused, as detailed in the 1st paragraph of the judgment.All the accusedpleaded innocence.Therefore, they were put on trial.Before the examinationof witnesses commenced, as we have already pointed out, the accused Murugesan(the 3rd accused, as per the original array of parties) absconded.The trialCourt, therefore, split-up the case against him as S.C.No.8/2003 and maderearrangement of the parties and proceeded with the trial.During trial, toestablish the charges against the accused, on the side of prosecution 21witnesses were examined and 37 Exhibits were marked, besides 6 M.Os.5.Out of the said witnesses, P.Ws.1 and 20 are injured eye-witnesses.P.Ws.2 and 3 are eye-witnesses to the occurrence.These witnesseshave spoken to about the participation of all the five accused in the crime.P.W.4, has spoken to about the motive occurrence, which took place on12.08.1997. P.Ws.14 has also spoken to about the motive occurrence.P.W.5 isthe son-in-law of the deceased.He has stated that he saw the accused 1 and 2somewhere near the place of occurrence with weapons.P.W.6, the brother of thedeceased, has spoken to the fact that he drafted Ex.P-1, as dictated by P.W.1.P.W.15 has spoken to about the postmortem conducted by him on the body of thedeceased and his opinion regarding the cause of death.The other witnesses are officialwitnesses.6.When the above incriminating materials in evidence were putto the accused under Section 313 of the Criminal Procedure Code, they denied thesame as false.However, they did not choose to examine any witnesses or markany documents.Considering the above materials, the trial court acquitted the4th accused Mr.Ramiah, holding that his presence in the occurrence place itselfhad not been proved.However, the trial court found the appellants/accusedNos.1 to 3 guilty on various offences and accordingly punished them as detailedin the 2nd paragraph of the judgment.7.We have heard the learned senior counsel for the appellantand the learned Additional Public Prosecutor appearing for the State and we havealso perused the records, carefully.8.As we have pointed out, P.Ws.1 to 3 and 20 are the eye-witnesses and they are inmates of the house.The foremost contention of thelearned counsel for the appellants is that the occurrence would not havehappened in the house of the deceased at all.According to him, the deceased,besides being a drunkard, had a number of enemies in the village and while hewas fully drunk elsewhere, he was done to death by unidentifiable persons.Later on, according to the defence, the dead body was brought to the house ofthe deceased and then the prosecution story has been built-up.In ourconsidered opinion, this defence taken has not even been probabilized by theaccused.Except making a vague suggestion to the witnesses, nothing more havebeen brought on record to doubt the fact that the occurrence had taken placeinside the house of the deceased.Apart from that, P.Ws.1 to 3 and P.W.20 havecategorically stated about the occurrence.The bloodstained brick piecerecovered from the place of occurrence would also go to prove that theoccurrence had taken place only inside the house of the accused.Thus, in ourconsidered opinion, the prosecution has clearly proved that the occurrence wasonly inside the house of the deceased.In order to substantiate this contention, the learned counsel for the appellantssubmitted that P.W.1 has admitted, during cross-examination, that after theoccurrence, she was at the place of occurrence continuously, as she was full ofgrief and she has further stated that from a local telephone booth, message waspassed on to the police, immediately after the occurrence and thus police cameto the place of occurrence, in a short while.After the arrival of the police,according to the learned counsel, the FIR could have been concocted and,therefore, no importance could be attached to the same.But, the main contention of the learned counsel that police would havearrived at the scene of occurrence, immediately on receiving the telephonemessage, needs serious consideration.We have perused the evidence of P.W.1, onthis aspect.Of course, P.W.1 has stated so.Such a rustic village womancannot be expected to be meticulous to speak about the time of arrival of thepolice.From the evidence of P.W.15, it could be seen that P.W.1 went to thedoctor on 21.08.1997 at 8.30 a.m. Had it been true that the police arrived atthe scene of occurrence, immediately after the occurrence, as suggested by thedefence, in all probabilities, P.W.1 would have been sent to the hospitalforthwith.Prompt lodging of the FIR, in this case,guarantees, to some extent, the truth of the contents in the FIR.According to the learned counsel, P.W.1, during cross-examination, hasadmitted that police sniffer dog was brought to the place of occurrence.When aspecific question was made to P.W.21, on this aspect, P.W.1 has stated thatpolice sniffer dog was never brought to the place of occurrence.So faras the 1st accused is concerned, in our considered view, the prosecution hassucceeded in proving his participation in the crime.It has been establishedthat he trespassed into the house, caused murder of the deceased and caused,voluntarily, simple hurt on P.W.1, with dangerous weapon.Therefore, the 1staccused alone is liable to be punished under Sections 302, 324 and 449 IPC.Nowturning to the quantum of punishment, for the offence under Section 302 IPC, weare inclined to impose the punishment of imprisonment for life and a fine ofRs.1000/-, in default rigorous imprisonment for one month.For the offence under324 IPC, we are inclined to impose the punishment of rigorous imprisonment forthree months and a fine of Rs.3000/-, in default rigorous imprisonment for twoweeks and for the offence under Section 449 IPC, we are inclined to impose apunishment of rigorous imprisonment for one year and a fine of Rs.3,000/-, indefault two weeks rigorous imprisonment.21.We make it clear that any of the observations, in respectof the alleged involvement of the absconding accused Murugesan, made in thisjudgment, shall not be used against him or shall not be treated as a findingregarding his involvement, when Mr.(a)For the offence under Section 302 IPC, he is sentenced toundergo imprisonment for life and to pay a fine of Rs.1000/-, in default toundergo rigorous imprisonment for one month.(b)For the offence under 324 IPC, he shall undergo rigorousimprisonment for three months and shall pay a fine of Rs.3000/-, in defaultshall undergo rigorous imprisonment for two weeks.1.The District and Sessions Judge, Special Court for Communal Clash Cases for Souther District at Madurai.2.The Principal Sessions Judge, Tirunelveli District.3.The II-Additional Sessions Judge, Tirunelveli.4.The Judicial Magistrate, Nanguneri.5.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

['Section 302 in The Indian Penal Code', 'Section 324 in The Indian Penal Code', 'Section 148 in The Indian Penal Code', 'Section 147 in The Indian Penal Code', 'Section 323 in The Indian Penal Code', 'Section 149 in The Indian Penal Code', 'Section 109 in The Indian Penal Code']

passed by the learned Metropolitan Magistrate, 4th Court at Calcutta in G.R. Case No. 2830 of 2015 under Sections 406, 420 and 120B of the Indian Penal Code.Learned counsel appearing on behalf of the petitioners submits as follows.The petitioners are the accused in this case.A warrant of arrest was issued against the petitioners.They appeared before the learned trial court on 18.03.2017, prayed for bail and were in fact released on bail.But, on the very same day, without supplying copies of prosecution papers, charges were framed against the petitioners under Sections 406, 420 and 120B of the Indian Penal Code.Framing of charge without supplying copies to the accused is absolutely bad in law and needs to be forthwith set aside.Learned counsel appearing on behalf of the State in his usual fairness, submits that framing of charge in a criminal trial cannot take place without supply of copies to the accused.Learned counsel appearing on behalf of the opposite party no. 2 / de facto complainant submits that the proceeding before the learned trial court is stalled because of the pendency of this application and as such, the revisional application ought to be disposed of at the earliest.I have heard the learned advocates for the parties and have perused the revision petition.It is not denied by the learned advocates for the State and the private opposite party that charges were framed in this case without supply of copies of prosecution papers to the accused.Framing of charge against an accused without supply copies of documents on which the prosecution relies, as contemplated under Section 207 or 208 of the Code, to the accused is not at all tenable in the eye of law.In view of the above, I have no hesitation in setting aside the impugned order so far as the framing of charges and the fixing of dates for evidence are concerned.I remand the matter back to the learned trial court to commence the proceeding afresh from the stage of supply of copies to the accused.It is expected that copies of necessary documents shall be supplied to the accused at the earliest and the proceedings shall be commenced therefrom.With these observations, the revisional application and the connected applications are disposed of.Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.(Jay Sengupta,J.) SB

['Section 120B in The Indian Penal Code', 'Section 420 in The Indian Penal Code', 'Section 406 in The Indian Penal Code']

This is a petition for the issue of a writ of habeas corpus.The petitioner is detained in District Jail, Pauri (Garhwal) under the order of the District Magistrate, Moradabad dated 2-7-1982 under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act).The petitioner made his representation against the order of detention on 9-7-1982 to the Home Secretary to the Government of Uttar Pradesh through the Superintendent, District Jail, Pauri.The State Government reported the approval of the order of the District Magistrate and also sent the grounds of detention and other particulars to the Central Government on the same day (12-7-1982).Both the representations of the petitioner were received by the-State Govt. on 13-7-82 and were sent to the District Magistrate.Moradabad on 14-7-1982 for his comments.The Advisory Board considered the case of the petitioner on 2-8-1982 and 10-8-1982 and submitted its opinion to the State Government on 16-8-1982 that there was sufficient cause for detaining the petitioner.A third representation on behalf of the petitioner was submitted by Sri D.S. Misra, learned Counsel for the petitioner, on 12-7-1982, which does not appear to have been considered by the State Government till now.The order of detention of the petitioner is based on four grounds, which are as follows:(1).On 5-3-1982 at about 6 P.M. you and your companion Gulfam armed with knives surrounded Dr. B. N. Gupta resident of Mohalla Faizganj and Krishna Avtar Mehrotra in front of Ansar Inter College on Prince Road, P.S. Mughalpura in the city of Moradabad and you told, Dr. Gupta that even though he obtains the support of the Police or court of law, you would take possession of his land in Guinya Bagh at the point of knife.As he (Dr. Gupta) was the only Hindu resident of Faizganj he could not dare remain in possession of his land in Guinya Bagh with the support of Mehrotra : Your companion Gulfam told, Dr. Gupta that he should quietly leave Moradabad otherwise he would tear his stomach with Ms knife and give the incident a communal colour and the Holi of the current year would be played with blood.The aforesaid incident created a sensation and people of both the communities began to collect.(2) Case Crime No. 761/81 under Section 147/323 I.P.C., P.S. Kotwali was pending against you in the Court of 9th Additional Munsif Magistrate, Moradabad.On 23-6-1982 you threatened Sri Laxmi Narain Sharma Assistant Public Prosecutor, who was conducting the prosecution, in the verandah of the court while he was preparing the case and said that if he took much interest in the case you would kill him and the consequences would be serious.You also told the people present at the tea shop that there was no need to be afraid of the Police dogs but to confront them if necessary.It was mentioned in the document containing the grounds of detention that the petitioner may make his representation to the Home Secretary through the Jail authorities and the petitioner made such a representation, which was considered and rejected by the State Government as mentioned above.Copy of report No. 31 dated 5-3-82 P.S. Mughalpura.Order sheet dated 23-6-1982 of the Court of 9th Additional Munsif Magistrate, Moradabad in Case Crime No. 761/81 under Section 147/323 I.P.C.. P.S. Kotwali, District Moradabad.Letter of the L. I. U. No. LIU/MD/ C-l/82 dated 30-6-1982,It is true that it is not mentioned in the aforesaid list that a copy of the report of Laxmi Narain Sharma Assistant Public Prosecutor made to the 9th Additional Munsif Magistrate, Moradabad on 23-6-1982 was also supplied to the petitioner along with the grounds of detention, but in the counter-affidavit filed by the District Magistrate, Moradabad it was stated that a copy of the said report was supplied to the petitioner along with the grounds of detention, The record of the District Magistrate relating to the case of the petitioner, which was produced before us, also shows that a copy of the said report was supplied to the petitioner along with the grounds of detention.Two other documents received by the petitioner were obviously a copy of the grounds of detention and a copy of the order sheet dated 23-6-1982 of the Court of 9th Additional Munsif Magistrate in case No. 761/81 under Section 147/323, I.P.C. The third document received by him must, therefore, have been the copy of the report of the Assistant Public Prosecutor dated 23-6-1982 made to the 9th Additional Munsif Magistrate, as stated by the District Magistrate in his counter-affidavit.In these circumstances, the contention of the petitioner that a copy of the said report of the Assistant Public Prosecutor was not supplied to him along with the grounds of detention cannot be accepted.which were before the District Magistrate when he passed the order of detention, were not supplied to the petitioner along with the grounds of detention but were supplied to him on 13-8-1982, about a month after he had applied for them, but, in our opinion, the non-supply of these two documents did not cause any prejudice to the petitioner as his right to make an effective representation against the grounds of detention was not affected.It was stated in the report of Laxmi Narain Sharma Assistant Public Prosecutor dated 23-6-1982 made to the Court:

['Section 147 in The Indian Penal Code', 'Section 323 in The Indian Penal Code']

They originally hail from Rajasthan State.The accused 1 and 2 are the husband and wife residing in Kanchipuram.They also hail from Rajasthan.A3 is their son.A1 to A3 came to Checkpettia in order to attend the very same function.When the talks were going in the presence of elders in Checkpettia, the accused persons demanded 8 kilos of silver, 3/4 kilo of gold and a cash of Rs.75,000/- as Sridhana.P.W.1 was prepared to give 1/2 kilo gold, 6 kilos silver and a cash of Rs.55,000/-.This was agreed upon by the parties.The betrothal was held.On that day, the jewels as well as one portion of cash were given.On 14.12.1985, the marriage was held in a Kalyana Mandapam at Hassan attended by the relatives of both the families.Apart from that, several other jewels and household articles were given at the time of marriage.After the marriage was over, P.W.1 gave Rs.1,500/- towards the rent charges for the hotels where the relatives of the accused stayed.The accused demanded another Rs.1,500/- to be paid to the other hotels where some more relatives stayed.But, P.W.1 did not accept to give the said amount.The accused family having aggrieved over the same, however went back to Kanchipuram along with the bride.(2) After a few days, i.e. on 20.12.1985, P.W.4 Sajanraj, son of P.W.1, P.W.17 Dineshkumar along with other relatives went to the house of the accused in order to take the deceased to their house at Hassan for celebrating other connected functions.At that juncture, the first accused wanted Rs.10,000/-. P.W.4 contacted P.W.1 through phone and informed this.As directed by him, P.W.4 obtained Rs.10,000/- as loan from P.W.21 Manikchand, brother of the first accused and handed over the same to the first accused.(3) The deceased was staying for 10 days in P.w.1's house attending other functions.Then, after finishing other functions, P.W.1 sent both of them to the house at Kanchipuram.Three months later, i.e. on 26.3.1986, the deceased Prabhat Kumari phoned to P.W.1 and told him that she was ill-treated by the accused in their house and she was compelled to do all the household works treating her as a Servant-maid and that A1 sold her Ottiyanam weighing about 150 grams.Within a few days, both A3 and deceased came to attend a function at Bangalore and then came to Hassan.She told P.W.1 that the accused complained that the bangles that she was wearing are the old pattern and so, they should be remodelled.Accordingly, the four bangles worn by the deceased were handed over to the Goldsmith P.W.3 and the same was remodelled and then they were handed over to the deceased.In the month of September, the deceased got conceived.Therefore, P.W.1 sent P.W.4 to bring the deceased to Hassan.The accused persons sarcastically remarked that how could P.W.1 incur the delivery expenses when he was not even able to pay the rental charges for the hotels at the time of marriage.On Deepavali day, the deceased gave birth to a female child.Therefore, P.W.4 and P.W.8 went to Kanchipuram to see the child.At that point of time, the accused demanded Rs.50,000/-, since they had spent money towards the hospital charges for delivery.P.W.8, in turn, told them that they would not give any money as they were not allowed to take the deceased for delivery to Hassan.Though the wife and child were not allowed to accompany P.W.8 to Hassan on 28.1.1987, some time later, the wife and child were sent.On 14.2.1987, A3 came to Hassan and asked P.W.1 to send his daughter and granddaughter with him.He also demanded Rs.50,000/- towards the expenses for delivery.He also intimidated that unless the amount is given, they would not treat the deceased properly.The deceased also told the witnesses about the ill-treatment suffered at the hands of the accused.However, A3 was pacified and the wife and child were sent along with him.15 days later, P.W.1 received the phone call from the deceased requesting him to send Rs.50,000/- as quickly as possible, since she was being cruelly treated by the accused persons.Then, P.W.1 said that he would try to mobilise the fund and send the same.(4) P.W.10 Santhi was working as a Servant-maid in the house of the accused at the relevant period.P.W.14 Jagadeesan is a Tailor who used to come to the house of the accused and stitch the clothes in the house itself.On 21.3.1987 at about 2.30 P.M., P.W.14 was stitching in the sewing machine, P.W.10 servant-maid came to the house.At that point of time, one Kutty (P.W.22), the daughter of A1 cried saying "save, save" (........................................................................) and rushing down from the upstairs.Then, P.W.10 and P.W.14 enquired P.W.22, who in turn said that her sister-in-law, viz., the deceased was found hanging in the upstairs.Then, all of them went to the upstairs and found the room locked from inside.They saw through the window that the deceased was found hanging from the fan.Then, A1 along with P.W.13 Baskaran, working in the Goldsmith shop in the opposite side came there and broke open the door and went inside and untied the rope and put the body on the cot.(5) On 21.3.1987 P.W.1 received a phone call from P.W.11 Ukkamchand that the deceased died due to heart attack.He contacted P.W.21 and confirmed the death of the deceased.Then, after instructing that the dead body should not be removed till they come, P.W.1, his wife P.W.8, his son P.W.4, P.W.2 and P.W.15 came to Kanchipuram.When A1 was questioned regarding the cause of death, he said that she died due to heart attack.In the meantime, P.W.23, the Sub Inspector of Police, Sivakanchi Police Station, Kanchipuram received an intimation from the Inspector of Police stating that there is a suspicion over the death of Prabhat Kumari and asking him to take further action.Accordingly, he went to the house immediately and enquired the relations gathered there and they informed that the death was due to heart attack.Then, P.w.1 and P.W.11 were taken to the local Police Station.When he was asked whether the body could be removed for cremation, P.W.1 did not object to the same, since he was deeply worried over the death of the deceased.P.W.8, who went inside the room, was able to find some injuries on the body.Even though she objected to the removal of the body, the people gathered there pushed her aside and removed the body for cremation.(6) On 23.3.1987, P.W.9 Dr. Subramaniam was approached by P.W.21, the brother of A1 for the issue of the medical certificate over the death of Prabhat Kumari stating that she died due to heart attack.P6 certificate, death was registered in Ex.P5 register and Ex.P7 death certificate was obtained from the Municipality.(7) Unable to find out the real truth of the death of the deceased, as Kanchipuram is the new place for P.W.1's family and they are not well versed in Tamil, they came to Hassan on 25.3.1987 and sent telegrams to the Chief Minister of the State and the Home Minister of the Centre.On 28.3.1987, he sent complaints to various officials through registered post.He sent Ex.P2 to the Director General of Police, Chennai.The cot M.O.5 also was recovered.M.O.1 fan through which she hanged herself was recovered.The trouble started in this case even on the date of marriage.The marriage was held on 14.12.1985 at Hassan.JUDGMENT M. Karpagavinayagam, J.The bolt of the door of the said room which was locked from inside was broken by the accused persons and others by applying the physical force and untied the rope and put the dead body on the cot.The reason of the death of the deceased was informed as the deceased died due to heart attack.On the orders of the High Court on the petition filed on behalf of the parents of the deceased, the investigation was taken over by C.B., C.I.D. After finishing the investigation, the charge sheet was filed against all the respondents(A1 to A3) for the offences referred to above.During the course of trial, P.W.1 to P.W.26 were examined, Exs.P1 to P17 were marked.On the side of the defence, Exs.D1 to D3 were marked.Challenging the same, the State has filed this appeal.Besides this, P.W.1 also has separately filed a revision before this Court.In the light of the above principles, we have to see the reasonings given by the trial Court for acquitting the accused in order to find out whether they are correct or not.Before dealing with the same, it would be worthwhile to refer to the various facts, which led to the acquittal.Let us refer to them at the outset:(1) P.W.1 Lakpath Raj staying along with his wife P.W.8 and children is doing business at Hassan in Karnataka State.He has got three sons and three daughters.Prabhat Kumari, the deceased is the eldest daughter aged about 20 years.Since P.W.9 earlier treated the deceased at the time of delivery, he gave Ex.P6 certificate to the effect that the death was due to heart attack without even examining the dead body.On the basis of Ex.On 12.7.1987, he recovered Exs.Then, further investigation was taken up by P.W.26, the CB CID D.S.P. and the case was altered into Section 304B I.P.C. Again, P.W.26 came to the house and recovered the wooden portions (M.Os.6 to 10) from where the bolt was broken under mahazars Exs.After finishing the investigation, P.W.26 filed the charge sheet for the offences referred to above.(8) According to the accused in the statement under Section 313 Cr.P.C., they were not responsible for the death of the deceased and the body was taken to grave yard only on the statement of P.W.1 saying 'no objection' and they have registered the death of the deceased with the Municipality on the basis of Ex.P6, the Doctor's certificate stating that the deceased died due to heart attack.But, P.W.8 would state that all the three demanded the amount.This is a vital contradiction.(5) The marriage was finalised and fixed by one Lal.That list was not produced.(7) According to P.W.8, she saw injuries on the neck.But, the same was not informed to P.W.1's husband.(8) P.Ws.10, 13 and 14 though would state that they went to upstairs and saw the dead body of the deceased found hanging from the fan, they did not give the statement to the police immediately and they gave the statement only after six months.(9) Ex.P6 certificate issued by P.W.9 Doctor would show that the deceased died only due to heart attack.There is no post-mortem certificate giving the reason for death.(10) The letter Ex.P1 and Exs.D1 and D2 written by the deceased did not contain the reference about the torture at the hands of the accused.On going through the reasonings, it is obvious that the trial Court has misread the evidence and given importance to the very insignificant aspects for concluding that the prosecution has not established its case beyond reasonable doubt.On going through the records, it is noticed that the above reasonings are not only perverse but also the important materials available on record have been totally ignored.Let us now first go into each one of the reasonings given by the trial Court for acquittal.The first reasoning is the delay in launching the complaint.According to P.W.1, he did not give a complaint to local police, since he was unable to converse with the local Police Officers in Tamil.It is his specific assertion that when he wanted to say something to police, they did not understand the same and on the other hand, they said that they could not do anything.Thereafter, he sent a detailed report on 28.3.1987 addressing to the Director General of Police, Tamil Nadu State and also to the Governor, Chief Minister and other high officials of the State Governments of Tamil Nadu and Karnataka and the Central Government, New Delhi.Merely because the complaint was sent after three or four days through telegram and registered post, it cannot be stated that P.W.1 gave a false complaint against the accused.In fact, from 25.3.1987 onwards, P.W.1 and his relative P.W.15 have been consistently pursuing for the action to be taken against the accused by sending telegrams and registered complaints to the various officials including the Head of the Police of Tamil Nadu.The very fact that he sent registered complaints not only to Tamil Nadu and Karnataka Governments but also to the Central Government itself would show that his attempt to pursue the action through the local police on the very same day did not fructify as the local police were reluctant to take action against the accused.Under those circumstances, the delay cannot be said to be an unexplained delay.The second reasoning is that there is no reference about the dowry demand in Ex.P2 complaint.The reading of Ex.P2 in entirety would go to show that the deceased was tortured on several occasions by the accused and her husband used to beat her to get money from her house and that he used to threaten that he would do away her, if she does not bring Rs.50,000/-.It is also mentioned in the complaint that the parents of her husband never used to provide food and she used to starve for several days without sufficient food.These things would show that there was a demand of money and also there was a torture.The third reasoning is that there is no explanation as to why child was delivered at the husband's place.This reasoning is without any basis.There are materials to show that the accused persons declined to send the deceased to the house of her parents for delivery despite the request made by the parents of the deceased through P.W.4, the brother of the deceased to send her to Hassan for delivery.Even in the complaint Ex.P2 give by P.W.1, it is specifically mentioned that as per the customs prevailed in their community, viz., Jain Community, the first delivery would take place at the parents' house of the bride, but the accused persons refused to send her to parent's house and she was retained in Kanchipuram itself.P.W.4, the brother of the deceased would also state in his deposition that as instructed by P.Ws.1 and 8, parents of the deceased, he went to Kanchipuram and requested the accused persons to send her with him to Hassan for delivery and at that time, the accused persons abused his father P.W.1 stating that he did not even to pay the rental charges of the hotel rooms for the stay of their relatives at the time of marriage and how could he bear the expenses for delivery and so saying P.W.4 was sent back without allowing the deceased to go to Hassan for delivery.When this evidence is available, the trial Court is quite wrong to observe that there is no explanation and as such, this finding ignoring the relevant materials given by the trial Court is perverse.The next reasoning is relating to the contradiction with regard to the demand of Rs.50,000/- made by the accused.But, on going through Ex.P2 complaint and the evidence of P.Ws.1, 4 and 8, there is no contradiction.As per Ex.P2, the deceased told P.W.1 that the accused demanded Rs.50,000/-.When P.W.4 and P.W.8 went to Kanchipuram to see the child, the accused persons demanded amount of Rs.50,000/-, since they had to incur expenses for delivery.Only in that context, P.W.8 would state that since the deceased was not allowed to go to Hassan for delivery, the delivery expenses need not be incurred by them.Furthermore, when A3 came to Hassan to take back the wife and child, he reiterated his demand of Rs.50,000/- towards the delivery expenses.Therefore, there is no contradiction with regard to the demand ofRs.50,000/-.One other reasoning is non-examination of one Lal, who has finalised the marriage.The fact of the marriage is not disputed.Moreover, the marriage was held at Hassan in the bride's place and both the families attended the same.So, the non-examination of one Lal, who has finalised the marriage proposal, would not be relevant in this case.The trial Court found fault with the prosecution that a list of Sridhana articles was not produced.This is yet another irrelevant reason.According to P.W.1, at the time of betrothal and marriage, though more Sridhana articles and cash were demanded, ultimately, the matter was settled among the parties to agree with the terms of the marriage proposal in regard to the Sridhana articles.Accordingly, jewels, cash and household articles were given to the bridegroom's family by the bride's family.The details of the household articles, jewels and cash which were handed over to A1 at the time of betrothal and marriage are spoken to by P.W.1, P.W.4, son of P.W.1, P.W.8, wife of P.W.1, P.W.11 Ukkamchand, resident of Kanchipuram, P.W.16 Annaraj Jain of Hassan.The evidence relating to this adduced by them have not been seriously disputed in the cross-examination of the accused.It is the specific case of P.W.1 that a list of Sridhana articles was prepared and the list is available.However, during the course of investigation, the list was not seized and therefore, the same was not produced.Under those circumstances, we cannot expect the prosecution to produce the list, which has not been seized.Moreover, the availability of the list is not disputed by the accused.The next reasoning is that P.W.8 did not tell P.W.1 about the injuries found on the body of the deceased.This reasoning also, in my view, would not be a valid one, since when the dead body was kept in the room, P.W.8 alone was allowed to go inside.In the meantime, the relatives of the accused family took P.w.1 to the Police Station.In the Police Station, P.W.1 could not do anything as he was not able to converse with the Police Officers in Tamil.At the time when the dead body was removed, P.W.8 cried and said that she could also be burnt along with the dead body and asked the crowd not to remove the dead body.However, she was pushed aside by the relatives of the accused and then, the body was removed.In such a situation, P.W.8 could not give any details about the injuries to P.W.1 since she was in the grief and shock.After cremation was over, when P.W.1, P.W.8 and others came back to Hassan, P.W.1 sent telegrams and complaints mentioning about all the details to the police.In Ex.P2, it is specifically mentioned that certain injuries were found on the body of the deceased and the body was burnt abruptly to destroy the evidence by the accused persons.So, in the light of this evidence, this reasoning also has to be held improper.Next reasoning is that P.W.10, P.W.13 and P.W.14, who stated that they saw the deceased found hanging from the ceiling fan, did not make immediate statement.It is the specific case of P.W.1 that on the date when they came to Kanchipuram on hearing the news of death of the deceased, he met the police, but the police said that they could not do anything.P.W.23 Sub Inspector of Police also did not give the details as to whether they examined these persons.When the investigation was taken up by the C.B.,C.I.D. Inspector, a thorough probe was made and these people, who are residents of Kanchipuram gave statements giving the above details.Admittedly, they did not have any interest in the people who are residing in Hassan nor had any animosity against the accused persons.It is not that these witnesses gave contra statements initially and further statements were made by them contradicting the earlier statements.When they were interrogated, they gave a clear version stating that they saw that the deceased was found hanging from the fan.Therefore, this reasoning also, in my view, cannot be accepted.The next reasoning is that Ex.He was only giving some treatment at the time of delivery of the child for chest pain and only on the request of A1, Ex.P6 certificate was issued thinking that death would have been due to heart attack.Therefore, the contents of Ex.P6 certificate has not been proved through P.W.9 and when P.W.9 himself would give out the circumstances under which Ex.P6 certificate was issued, it cannot be held that the deceased died only due to heart attack.It is true that the dead body was not available for post-mortem.But, in the light of the evidence of P.Ws.10, 13 and 14 and without allowing the police to conduct post-mortem and hurried cremation done on the same day, would show that the death was not due to hear attack.It is true that the prosecution has to prove the reason for the death.In this case, we have no medical evidence to show that death was due to hanging.But, the fact remains that the accused persons tried to get a false certificate Ex.P6 from P.W.9 Doctor in order to show that the deceased died only due to heart attack.This act of the accused in obtaining false certificate from P.W.9 hurriedly and the evidence of P.Ws.10, 13 and 14 to the effect that they saw the dead body of the deceased found hanging would clearly show that the death could not have been due to heart attack but only due to hanging.The trial Court would observe that there is no reference about the torture in Exs.It is true that Exs.D1 and D2 would not relate to the torture.Those letters would refer about mere enquiries.But, Ex.P1 letter would clearly indicate that she must have informed P.W.1 about the sale of Ottiyanam given to the deceased at the time of marriage and about the same P.W.1 should not write any letter.This shows that out of fear for A1 she must have written that letter.Let us now go into the other evidence available on record.After marriage was over, P.W.1 gave Rs.1,500/- towards the rent charges for the hotels where the relatives of the accused stayed.When the accused demanded another Rs.1,500/- for making payment to other hotels where some more relatives stayed, P.W.1 did not accept to give the same amount.This is the first grievance for the bridegroom's family.Relating to the refusal to make payment towards the rental charges number of witnesses would speak.P.W.1, P.W.2, his relative, P.W.4, son of P.W.1, P.W.8, wife of P.W.1, P.W.11 Ukkamchand of Kanchipuram, P.W.15 Giwerchand, brother of P.w.8 and P.W.17 Dinesh Kumar of Bangalore, all would speak about the said aspect of the evidence.Some days later after the marriage, P.w.4 along with P.W.17 Dinesh Kumar of Bangalore went to the house of the accused to bring the deceased to their house at Hassan for celebrating other necessary functions.At that time, A1 wanted Rs.10,000/-.A1 stated that unless the amount of Rs.10,000/- is paid, he would not allow the deceased to go along with them to Hassan.This is purely due to the non-payment of the rental charges for his relatives stayed in some of the other hotels.Ultimately, P.w.4 obtained loan of Rs.10,000/- from P.W.21 Manikchand, brother of the first accused and handed over the same to the first accused.This aspect of the evidence is being spoken to by P.W.4, son of P.W.1, P.W.15 Giwerchand, brother of P.W.8 and P.W.17 Dinesh Kumar of Bangalore.Though P.W.21 became hostile, the other witnesses, namely, P.W.4, P.W.15 and P.W.17 would state that they came to the house of the accused and the first accused demanded money of Rs.10,000/- and thereafter, the said money was obtained as loan from P.W.21 and the same was handed over to the accused.Apart from these witnesses, P.W.11 Ukkamchand of Kanchipuram would state that P.W.4 came to his shop and informed about the demand made by the accused and through the phone kept at the shop of P.W.11, P.w.4 contacted P.W.1 and obtained the instruction to get the loan from P.W.21 and gave it to the first accused.Both these incidents would show that the first accused wanted P.W.1 to pay more amount towards the rental charges and when the same was not accepted, A1 did not allow the deceased from the bridegroom's house to the bride's parents' house at Hassan till the amount of Rs.10,000/- was paid.After finishing functions, the deceased and A3 were sent back to Kanchipuram.On 26.3.1986, i.e. three months later, the deceased for the first time phoned to P.W.1 and told that she was ill-treated by the accused persons in their house and that A1 sold her Ottiyanam weighing about 150 grams.Later, she also wrote a letter Ex.P1 stating that P.W.1 should not write any letter regarding the Ottiyanam, which was sold.After some months, the deceased and her husband (A3) came to attend a marriage.On the way to Kanchipuram, they came and visited P.W.1's house.At that time, the deceased complained to P.W.1 that the accused persons did not like the pattern of the bangles and they should be re-modelled.Accordingly, the bangles were given to Goldsmith P.W.3 and after re-modelling, they were given back to the deceased.At that time itself, she told P.W.1, P.W.4 and P.W.8 that she was treated badly by the accused persons.In the month of September 1986, P.W.1 received information that the deceased got conceived.Therefore, P.W.4 was sent to Kanchipuram to bring the pregnant deceased to Hassan for delivery.At that juncture, the accused persons did not allow the deceased to go to her parents' house making a sarcastical remark that P.W.1 would not be able to bear the delivery expenses, since he was not able to pay the rental charges for the hotels at the time of marriage.After getting the news that child is born, P.W.4 and P.W.8 went to Kanchipuram to see the child.At that time, the accused demanded Rs.50,000/-, since they had paid hospital charges for delivery.P.W.8 replied that they would not bear any charges, since they were not allowed to take the deceased for delivery to Hassan.Though initially the daughter and the child were not sent, after two months, they were sent to Hassan.At that time also, she told P.Ws.1, 4 and 8 and others about the ill-treatment meted out to her by the accused persons in regard to the demand of Rs.50,000/-.On 14.2.1987, A3 came to take the wife and child back to Kanchipuram.At that time also, A3 reiterated the demand of Rs.50,000/-.According to the witnesses, A3 threatened P.W.1 and others that unless the amount is given, the deceased would be continued to be ill-treated.But however, A3 was pacified and the wife and child were sent along with him.15 days later, P.W.1 received the phone call from the deceased requesting him to send Rs.50,000/- as quickly as possible, since she was being cruelly treated by the accused persons.From these, it is revealed that the deceased was not allowed to go to Hassan for delivery and even after delivery, she was not allowed to P.W.8 and P.W.4 to Hassan.At that time, they demanded Rs.50,000/-, since they incurred hospital expenses.Even when A3 came to Hassan, he reiterated the said demand.At last, 15 days prior to her death, she insisted P.W.1 that he must send Rs.50,000/- immediately as she was being subjected to cruelty at the hands of the accused.The evidence of P.W.4, P.W.8 and P.W.1 would give two aspects of the matter: (1) The demand made by the accused persons that P.W.1 should pay Rs.50,000/- which was incurred by them towards medical expenses, or otherwise the deceased would be continued to be ill-treated.(2) The deceased told P.W.4 and P.W.8 when they came to see the child that she was ill-treated by the accused persons.Similarly, she told the other witness P.W.15 also regarding the ill-treatment.As noted above, just few days prior to her death, she phoned up to P.W.1 that she was being ill-treated and unless the amount is sent, the same would not be stopped.These things would make it obvious that she was continuously ill-treated by the accused persons from the beginning over the non-payment of the amount of Rs.50,000/-.The second aspect of the evidence is that P.W.10 Santhi, the Servant-maid working under the accused and P.W.13 Baskaran working in a Goldsmith shop in the opposite side and P.W.14 Jagadeesan working as a Tailor saw the deceased found hanging in the room in the upstairs of the house.According to them, on hearing the cry of P.W.20, sister of A3, they rushed to the upstairs and saw through window the deceased found hanging from the ceiling fan.Then, A1 with the help of P.W.13 broke open the door and went inside and untied the rope and put the body on the cot.Though the statements of these witnesses have been recorded only when the C.B., C.I.D. took up the investigation, even the first investigation conducted by P.W.25, the D.S.P. would show that P.W.25 went to the spot and prepared observation mahazar and recovered the bent bolt bracket attached to the broken door.Then, again P.W.26, the D.S.P., CB CID on taking further investigation recovered the broken door under Ex.These things would show that the deceased was found hanging inside the room and only after breaking open the door, which was locked inside, the accused and others went inside and took the body outside of the room.The fact that P.W.10 was working as a Servant-maid in the house of the accused during the relevant time was not challenged.Similarly, P.W.13 was working as a Goldsmith in the opposite side and P.W.14, a Tailor used to stitch clothes in the house of the accused.There is no reason as to why they speak falsehood with reference to the fact that the deceased was found hanging from the ceiling fan.According to prosecution, the death was informed by P.W.11 Ukkamchand of Kanchipuram.No intimation was sent by the accused to P.W.1's family.When P.W.1 received a phone call from P.W.11, he contacted P.W.21 for verification and P.W.21 confirmed that the deceased died.Thereafter, P.W.1 and others came to Kanchipuram.It is true that P.W.1 did not raise any objection when the body was removed for cremation.But in this context, we have to see the real situation.When such is the case, there is no reason as to why the Sub Inspector of Police did not choose to register the case for suspicious death.P.W.23 did not state that he has obtained any statement in writing either from P.W.1, P.W.8 and other relatives or from the neighbours to find out as to what really happened.The way in which the cremation was hurried would show that P.W.23 did not take interest in finding out the truth with regard to the cause of death.In such circumstances, the evidence of P.W.1 to the effect that he contacted the police at the Police Station for taking action, but they said that they could not do anything assumes importance.Under those circumstances, for the reasons best known to P.W.23, the body was not allowed to conduct post-mortem and the arrangements were made for early cremation in the presence of the Police Constables.In the light of the said situation, the efforts were taken by P.W.1's family by sending complaints after complaints to the Officers concerned and ultimately, they obtained orders from this Court for investigation by the C.B., C.I.D.Thus, from the evidence of the witnesses referred to above, both torture and the death of the deceased due to hanging have been clearly established.Even according to prosecution, A1 earlier demanded Rs.10,000/-, since the rent charges were not given for the stay of his relatives at Hassan at the time of marriage.Secondly, the deceased was not allowed to go to Hassan for delivery.Delivery of the child was arranged by the accused family at Kanchipuram.Towards the expenses of the delivery of the child, they demanded Rs.50,000/-.Since Rs.50,000/- was not paid, the accused ill-treated the deceased which resulted in the commission of suicide.But, on the other hand, there are materials to show that there is a cruelty, which resulted in the suicide, which would attract Sections 306 and 498A I.P.C.The other charges like Sections 203 and 417 I.P.C. against may not be made out for the following reasons.43. A1 was charged for the offence under Section 203 I.P.C. for having given wrong information with regard to the death of the deceased to the Sub Inspector of Police.There is no record to show that P.W.23, the Sub Inspector of Police did not say that A1 gave the false information.Similarly, P.W.9 Doctor stated that P.W.21, brother of A1 gave the information that the deceased died due to heart attack and obtained the certificate from him.Furthermore, the evidence of P.W.23, the Sub Inspector of Police, as discussed above, would clearly indicate that he did not choose to take immediate action, despite that he received information from the Inspector of Police that there is a suspicious death.In fact, P.W.23 admitted in his examination that he did not personally interrogate the relatives of the deceased.It is the specific evidence of P.W.1 that he contacted the police to take action, but the police said that they could not do anything at their stage.It is also the case of P.W.8 that despite her objection, the body was removed by the relatives of the accused by pushing her aside, that too when the Police Constables were standing there.These things would show that the accused persons tried to hush up the matter and hurriedly removed the body for cremation with the help of the local police to avoid the post-mortem in order to escape from the penal action.Expecting some action that might be taken by P.W.1's family, P.W.9 was approached and he was given false information and on that basis, certificate was obtained and on the strength of the said certificate, they were also be able to get Ex.All these things have been done so hurriedly.Sections 498A and 306 I.P.C. are independent and constitute different offences.Though, depending on the facts and circumstances of the case, subjecting a woman to cruelty may amount to an offence under Section 498A and may also, if a course of conduct, amounting to cruelty is established leaving no other option for the woman expecting to commit suicide, amount to abetment to commit suicide.The child was born in November 1986 and the death of the deceased took place on 21.3.1987 when she was living with the other accused.This Court by the judgment dated 4.2.2002 allowed the appeal against acquittal filed by the State through Public Prosecutor, Madras convicted the respondents 1 and 3 (A1 and A3)for the offences under Sections 306 and 498A I.P.C. and sustained the acquittal in favour of the 2nd respondent (A2).The matter was directed to be posted on 18.2.2002 directing A1 and A3 to be present before this Court to hear them in regard to the question of sentence.Accordingly, on 18.2.2002, A1 and A3 were present.It was informed before this Court that Mr. A. Natarajan, the learned counsel who argued the matter earlier on behalf of the accused, gave a change of vakalat on the instruction of A1 and A3 for Mr.Karuppan, the learned counsel who has entered appearance on their behalf.Karuppan, who appeared before this Court on behalf of A1 and A3, the convicted accused, requested two days' time to file their statement with regard to the question of sentence.Accordingly, the matter was directed to be posted on 21.2.2002 and A1 and A3 were directed to be present on that day.He would further submit that the accused would also file an affidavit requesting to show leniency in the sentence without prejudice to his submissions in support of the plea for re-hearing the case.Accordingly, the accused were permitted to file affidavit giving the statement in regard to the question of sentence.On 22.2.2002, as permitted by this Court, an affidavit sworn to by A3 on behalf of both the accused was filed giving various circumstances for showing leniency while imposing sentence upon both the accused.Mr. Karuppan, the learned counsel appearing for the accused would request some more time to file another affidavit giving his grounds of arguments for re-hearing the case.Accordingly, on 27.2.2002, the affidavit was filed on behalf of the accused making various grounds and requesting this Court to dismiss the appeal filed by the State and acquit the accused or direct re-hearing preferably by another Bench.Karuppan after filing this affidavit wanted to argue the matter on merits before this Court.Accordingly, he was permitted to argue.The letters Exs.D1 and D2 written by the deceased were in Hindi.The copy of the Hindi version was not served to the accused.The matter was posted for final disposal before Bakthavatasalu, J. It was adjourned several times.In default, he has to undergo R.I. for two years.The trial Court is directed to allow P.W.1's legal representatives to withdraw the said amount.

['Section 306 in The Indian Penal Code', 'Section 498A in The Indian Penal Code', 'Section 304B in The Indian Penal Code', 'Section 417 in The Indian Penal Code', 'Section 120B in The Indian Penal Code']

3 CRA No. 2452/2007In brief the prosecution case is that on 25.01.2006 at about 11:00 pm at Motilal Nagar, PS Nishatpura, Rijwan Khan (PW-9) heard the noise of a quarrel outside his house.He came out from his house and saw that the appellants and other co-accused were assaulting Akram Bhaijan with their knives and abusing him.The appellants were annoyed with Akram.They suspected that, Akram had informed the police (mukhbiri) about their profession.They inflicted blows of their knives on his head, chest, stomach, back and legs.They intended to kill Akram.Rijwan (PW-9) went there to rescue Akram, but the appellant Shaukat assaulted him with a knife on his left palm.Khalid, Mohd. Azam and Javed also came to rescue Akram.Akram fell down due to fatal injuries.Then appellants fled away.The persons who were present there brought him to Hamidia Hospital, where doctor declared him dead.Then, an FIR was lodged by Rijwan (PW-9) at police station, Nishatpura.To establish the crime against them, the prosecution is based on the testimony of eye-witness Rizwan (PW-9) who is an injured eye-witness.He deposed that at the time of incident on 25.01.2006 at about 10:30 pm to 11:00 pm, he was present at his house.He heard noise of a quarrel outside and came out.He saw that all the appellants had surrounded Akram (since deceased) and were abusing him.They were armed with knives and told Akram that he was the informant of the police against the appellants.The appellants inflicted blows on him using their knives.He sustained several injuries on his stomach, head, back, leg, chest, etc. He fell down on the ground.Rizwan (PW-9) reached there to rescue Akram.Appellant Shaukat assaulted Rizwan by knife.Rizwan sustained injuries on his left palm.On hearing the hue and cry, Azam, Khalid, Javed and other persons also came there and tried to save Akram and Rizwan from the appellants.Then, the appellants ran away from the spot.Akram and Rizwan were brought to the police station and on the advice of the police, they were brought to 7 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 Hamidia Hospital.(08/05/2018) Per : Smt. Anjuli Palo, J :-Criminal appeal No. 2452/2007 has been preferred by appellant Sahib @ Afzal challenging the conviction; Criminal Appeal No. 2004/2008 has been filed by Mohd. Sohel, Mohd. Shaukat, Soyeb, Sharafat and Shahjad Khan challenging the conviction; and Criminal Appeal No. 582/2010 has been filed by the State challenging the acquittal of appellants Sahib @ Afzal and Majid from the charges under Section 147, 148 and 302 r/w Section 49 of IPC.2 CRA No. 2452/2007Appellant Sahib @ Afzal and Majid have been convicted and sentenced as below :Appellants Mohd. Sohel, Mohd. Shaukat, Soyeb, Sharafat and Shahjad have been convicted as under :Appellant Mohd. Shaukat has been further convicted as under:The police registered crime under Section 302/149 and 324 of IPC against all the appellants and other accused persons.After investigation, charge sheet has been filed against them under the same provision before the concerned Court.After committal of the case learned trial Court conducted trial and held that except the accused Sahib @ 4 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 Afzal and Mazid @ Chhotu, all the appellants are liable for committing the murder of deceased (Akram) in furtherance of their common object to kill Akram.They are members of unlawful assembly to cause death of Akram.At the time of occurrence, they were armed with deadly weapons (like knife).Hence, they have committed offence of rioting and armed with deadly weapon and caused death of Akram which is punishable under Section 148 and 302/149 of IPC.At the same time, the appellants Mohd. Shaukat has voluntary caused simple injuries to witness Rijwan (PW-9) by his knife.Hence, he was convicted under Section 324 of IPC and sentenced for life imprisonment and rigorous imprisonment for one year, respectively.The respondents Mohd. Sahib @ Afzal and Mazid were convicted only under Section 25 Arms Act and sentenced as mention above.4 CRA No. 2452/2007The appellants have challenged the aforesaid findings on the grounds that learned trial Court has committed an error while convicted them on weak type of evidence.There were many contradictions, omissions and improvements in the versions of the prosecution witnesses.The testimony of all the eye witnesses is entirely unbelievable.The trial Court has failed to see that there was a sudden quarrel which was not a result of pre-meditative act.5 CRA No. 2452/20075 CRA No. 2452/2007CRA No. 2004/2008 CRA No. 582/2010 The appellants were not the hardened criminals.The learned trial Court ought to have acquitted them.The prosecution has not proved the seizure of the knives.The medical evidence has also not established that the appellants had a common intention to commit murder of the deceased.The evidence of prosecution witnesses are not corroborated by any other independent witnesses.Hence, evidence of prosecution is tainted.Many illegalities and irregularities were committed by the Investigating Officer.It was also alleged that defence ought to have been accepted in favor of appellants.Hence, impugned judgment is liable to be set aside and appellants are liable to be acquitted.State has challenged the acquittal of the appellants Mohd. Sahib @ Afzal and Mazid from charges under Sections 147, 148, 149 and 302 of IPC on the grounds that the trial Court has erred in not appreciating the entire evidence in proper prospective.The findings of trial Court are illegal and liable to be set aside and have prayed for conviction of the respondents Mohd. Sahib @ Afzal and Mazid for rioting with deadly weapons and murder of Akram under Section 148 and 302/149 of IPC.We have heard all the learned counsel for the parties at length and perused the record.6 CRA No. 2452/20076 CRA No. 2452/2007CRA No. 2004/2008 CRA No. 582/2010Whether the appellants are rightly convicted under the charges levelled against them.Doctors declared Akram dead.Police also came there.Dehati Nalishi Ex. P/26 has been lodged by Rizwan (PW-9).The testimony of Rizwan (PW-9) is also corroborated by the other eye-witness, Mohd. Azam (PW-10), Khalid (PW-11) and Javed (PW-13).All the eye-witnesses strongly proved their presence at the scene of occurrence.7 CRA No. 2452/2007S.R.Yadav (PW-20) Inspector deposed that on the same day, he received information about the incident.He reached Hamidia Hospital and lodged Dehati Nalishi Ex. P/26 as narrated by Rizwan (PW-9).Dehati Nalishi (Ex. P/26) was received by Inspector R.S.Rai (PW-17).He deposed that FIR Ex. P/34 was registered by him on 26.01.2006 at 1:00 am under Section 302, 149 and 324 of Indian Penal Code against the appellants.Dehati Nalishi Ex. P/26 and FIR Ex. P/34 also corroborate the testimony of Rizwan and other eye-witnesses.Both the documents clearly establish the involvement of all the appellants.The promptness in lodging the FIR by names of the assailants and all the material facts mentioned in FIR itself indicate the truthfulness of the 8 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 incident.It prevents the possibility of false implication of the appellants in the concocted story.There is no material contradictions and omission in the testimonies of eye- witnesses.There is no inconsistency between their testimonies and with the FIR which inspires confidence and establish that the evidence of the eye-witnesses is trustworthy.Hence, it it not liable to be disbelieved.8 CRA No. 2452/2007It is also pertinent to mention here that the Rizwan (PW-9) is injured eye-witness.The testimony of injured eye-witness has great evidentiary value."The injuries found on the person of who was injured in the same occurrence lends assurance to his testimony that he was present at the time of the occurrence along with the prosecutrix.The evidence of an injured witness is entitled to a greater weight and the testimony of such a witness is considered to be beyond reproach and reliable.Firm, cogent and convincing ground is required to discard the evidence of an injured witness".Dr. Pravendra Malik (PW-14) examined Rizwan (PW-9) on the date of incident at about 11:00 pm.He found an incised wound of about 2.5 x 1 cms on his left palm and internal tissues were visible from the cut.Rizwan was not 9 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 able to move his ring finger and little finger.9 CRA No. 2452/2007As per Dr. Pravendra Malik, all the injuries were caused by hard and sharp object.In his cross-examination, he strongly denied that the injuries were caused by broken glass.The evidence of Dr. Pravendra Malik is corroborated by the testimony of other eye-witnesses particularly the testimony of Rizwan (PW-9).Dr. J.K.Chourasia (PW-12) also corroborated the testimony of Dr. Pravendra Malik.Hence, it is properly believed by the trial Court.Dr. J.K.Chourasia (PW-12) also examined the injuries of deceased Akram on the same date of incident at around 11:20 pm at Hamidia Hospital.Dr. Ashok Sharma (PW-19) conducted autopsy of the deceased Akram and found the following injuries on the person of the deceased :(i) Abrasion on left forehead obliquely of 6x0.5 cms.(ii) Incised wound on mid forehead of 3x0.1 cms.(iii) Long incised wound on the forehead of 5x0.3 cms extending towards left auxillary region of 1x0.5 cms.below and similar to injury No. (v) of 10 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 1.5 x 3 cms.Main artery was cut.10 CRA No. 2452/2007(vii) Stab wound below injury No. (vi) on the stomach of 1x0.2 cms and 10 cms depth.(viii) Stab wound radial to injury no. (iv) of 1x0.3 cms and depth of 7 cms.cutting the main artery.(ix) Stab wound of 8 cms lateral to injury no. (5) on the stomach of 1x0.3 cms and depth of 14 cms penetrating the intestine.(x) Stab wound on the stomach lateral to injury No. (viii) of 1x0.3 cms on the stomach and 7 cms in depth cutting intestine.(xi) Stab wound lateral to injury No. (x) on the stomach of 1.2x0.3 cms cutting the intestine and spleen.(xii) Multiple stab wound on left back : 7 in number.(xiii) Stab wound on the right side of back of 1.2x0.3x7 cms deep rupturing the lung.(xiv) Long lacerated wound on the right shoulder of 5x1 cm.(xv) Stab wound on the right chest of 1.3x0.2 cms penetrating the chest rupturing the lung.(xvi) Stab wound near injury no. (xv) of 1x0.2 cms and 7 cms.deep penetrating the chest.(xvii) Stab wound on right side of back of 15x0.3 cm and 8 cms deep penetrating the diaphragm and large intestine.(xviii) Stab wound on right side of chest 1.3 x 0.2 cms.and 7 cms deep penetrating the stomach.(xix) Stab wound 6 cms.below injury No. 16 of 13x0.3 cms penetrating the 11 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 stomach rupturing the large intestine.(xx) Stab wound 4 cms below injury No. 16 penetrating the stomach of 1.2x0.2 cms, 6 cms deep (xxi) Incised wound on the right knee 1x0.2 cms.11 CRA No. 2452/2007(xxii) Incised wound below 4 cms of above wound of 1x3 cm.(xxiii) Lacerated wound on the right ankle of 4x1 cms x bone deep.(xiv) Lacerated wound on right side of head 5x1 cms.(xvi) Incised wound on left parietal region of 3.5x0.5 cms.Dr. Ashok Sharma (PW-19) opined that deceased died due to excessive bleeding from several fatal wounds and coma.All the injuries were caused by hard, sharp and pointed objects and were sufficient to cause death of the deceased in ordinary course of nature within 24 hours from postmortem.He also found cut impression on the clothes of the deceased.Parallel to the injuries found on the body of the deceased.Inspector S.R. Yadav (PW-20) stated that on 27.01.2006, he recorded the memorandums of the appellants Mohd. Shaukat, Mohd. Sohel and Mohd. Soyeb as Ex.P/6, Ex.P/7 and Ex.According to their memorandums, he seized a knife from the house of the appellant Mohd. Shaukat.Similarly, he recovered another knife from the possession of appellant Mohd. Sohel and a knife was 12 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 recovered from the possession of appellant Mohd. Soyeb.Different knives were seized form the possession of Mohd. Shaukat, Mohd. Sohel and Mohd. Soyeb vide seizure memo Ex.P/13 and Ex.12 CRA No. 2452/2007Dr. Ashok Sharma (PW-19) examined all the six knives which were hard, sharp and pointed objects.He deposed that he took a picture of the aforesaid weapons.The injuries mentioned in his postmortem report (Ex.P/36) and cut marks found on the clothes of the deceased can be caused by the aforesaid weapons.His report Ex.P/38 has also supported the prosecution case properly.It is important to mention here that learned counsel for the appellants has not cross-examined Dr. Ashok Sharma (Pw-19) nor he has challenged the doctor's opinion.In our considered opinion the testimony of Dr. Ashok Sharma (PW-19) has duly corroborated the direct evidence.There is no reason to disbelieve the opinion of Dr. Ashok Sharma which has further corroborated by other evidence on record and doctor's opinion.All the weapons were sent for FSL examination by S.R.Yadav (PW-20).In the FSL report (Ex.P/40) blood stains 13 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 were found on the soil collected from the spot and clothes of the deceased and particularly all the six knives as Article-E, F, G, H, I & J all were blood stained, which were recovered from the appellants.In four knives as Article-E, F, H & J, the expert confirmed that human blood was present on it.Due to the technical reason that spots of blood were disintegrated and quantity of blood was not sufficient.Origin of blood was not confirmed in FSL report.13 CRA No. 2452/2007In case of State of Rajasthan Vs.Teja Ram & Ors.[(1999) 3 SCC 507], Hon'ble Supreme Court has held as under :"Failure of the Serologist to detect the origin of the blood, due to disintegration of the serum in the meanwhile, does not mean that the blood stuck on the axe would not have been human blood at all.Sometimes it happens, either because the stain is too insufficient or due to hematological changes and piasmatic coagulation that a Serologist might fail to detect the origin of the blood.Will it then mean that the blood would be of some other origin? Such a guess work that blood on the other axe would have been animal blood is unrealistic and far fetched in the broad spectrum of this ease.The effort of the criminal court should not be to prowl for imaginative doubts.Unless the doubt is of a reasonable dimension which a judicially conscientious mind entertains with some objectivity no benefit can be claimed by the accused.It cannot be said that in all cases where there was failure of detecting the origin of the.blood the circumstance arising from recovery of the 14 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 weapon would stand relegated to disutility."14 CRA No. 2452/2007As the recoveries of the bloodstained gunny bag, dumb-bell, tie, etc. were made on the basis of the disclosure statement of the 15 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 appellant himself, the chain of circumstances is therefore complete."15 CRA No. 2452/200716 CRA No. 2452/2007All the eye witnesses have clearly identified them by their names.They have also established their active involvement with the crime along with the other appellants.Police has also seized knives from their possession, as per their memorandums.Blood stains were found on their knives.In our considered opinion, plea of alibi which was 17 CRA No. 2452/2007 CRA No. 2004/2008 CRA No. 582/2010 taken by them is purely an afterthought.All the eye witnesses have not accepted that at the time of the incident appellant Afzal and Majid were not present on the spot.It is also important to note that Rizwan (PW-9) is an injured eye witness.No suggestion has been given to him about "not presence of the appellants Sahib @ Afzal and Majid" on the spot or with regard to their plea of alibi.Similarly, no suggestion has been given to the other eye witnesses nor they accepted the absence of the aforesaid appellants from the spot.It is apparently clear that the story of defence witnesses is after thought.It is made during the stage of defence evidence.On the aforesaid reason we are not inclined to accept the aforesaid defence version in favour of the appellants Sahib @ Afzal and Majid.17 CRA No. 2452/2007This Court has consistently taken the view that in an appeal against acquittal the High Court has full power to review at large all the evidence and to reach the conclusion that upon that evidence the order of acquittal should be reversed.This power of the appellate court in an appeal against acquittal was formulated by the Judicial Committee of the Privy Council in Sheo Swarup v. King Emperor [AIR 1934 PC 227] and Nur Mohammad v. Emperor [AIR 1945 PC 151].18 CRA No. 2452/2007In our opinion, learned trial Court has committed an error in acquitting Sahib @ Afzal and Majid form the charges under Sections 147, 148 and 302 read with Section 149 of IPC.Accordingly, CRA No. 582/2010 filed by the State for convicting Sahib @ Afzal and Majid is hereby allowed.Their acquittal from the aforesaid charges is hereby set aside.They are also convicted under Sections 147, 148 and 302 read with Section 149 of IPC and are awarded sentence as follows :19 CRA No. 2452/2007

['Section 149 in The Indian Penal Code', 'Section 302 in The Indian Penal Code', 'Section 324 in The Indian Penal Code', 'Section 148 in The Indian Penal Code', 'Section 300 in The Indian Penal Code', 'Section 147 in The Indian Penal Code']