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Indian Penal Code

17481 judgments · newest first · showing 16601–16800

A.K. SINGH AND ORS.versusUTTARAKHAND JAN MORCHA AND ORS.

1999 INSC 247Appeal(s) allowed

The Supreme Court examined the Allahabad High Court’s extensive directions issued in the wake of the 1994 Uttarakhand agitation, which ordered massive compensation to victims, large fund allocations for regional development, and pre‑emptive rulings on the need for sanction under Section 197 of the …

UNION OF INDIAversusHIMMAT SINGH CHAHAR

1999 INSC 242Appeal(s) allowed

Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central …

RAM PRASADversusSTATE OF MAHARASHTRA

1999 INSC 243Disposed off

The case involved a mercenary killing where the victim Ramu Somani survived and gave a statement to a magistrate, which the prosecution treated as a dying declaration. The Supreme Court held that because the declarant was alive, the statement could not be admitted under Section 32 of the Evidence …

STATE OF HARYANAversusBHAGIRATH AND ORS.

1999 INSC 244Appeal(s) allowed

The father, Bhagirath, and his two nephews were convicted by the Sessions Court for the murder of Bhagirath's blind son, Subhram, under Section 302 read with Section 34 of the IPC. The High Court upheld the nephews' convictions but acquitted Bhagirath, invoking a "benefit of doubt" despite reliable …

JAI KUMARversusSTATE OF M.P.

1999 INSC 236Dismissed

Jai Kumar was convicted for the brutal murder of his pregnant sister‑in‑law and his eight‑year‑old niece, whom he killed after attempting to rape the former and then dismembering and displaying the bodies. The Sessions Court sentenced him to death under IPC 302 (with a concurrent seven‑year term …

ARVIND @ PAPPUversusSTATE (DELHI ADMINISTRATION)

1999 INSC 233Dismissed

Arvind @ Pappu (appellant) killed his co‑villager Ajaib Singh (deceased) by luring him with a promised job, taking him to his tailoring factory, and leaving him alone on a cutter's table where he was later found dead with a neck wound, scissors and blood stains. The prosecution relied solely on …

M/S. B.R. ENTERPRISES ETC. ETC.versusSTATE OF U.P. AND ORS. ETC. ETC.

1999 INSC 230Disposed off

The Supreme Court examined the constitutional validity of the Lotteries (Regulation) Act, 1998, particularly Section 5 which allows a State to prohibit the sale of lottery tickets organised by any other State. The Court held that State‑run lotteries remain gambling and cannot be classified as …

SURINDRA NATH MOHANTHY AND ANR.versusSTATE OF ORISSA

1999 INSC 217Case Partly allowed

Surindra Nath Mohanty and another were convicted under Sections 307, 326, 325, 324 and 323 read with Section 34 of the IPC. The Orissa High Court set aside the conviction under Section 307 but upheld the others, rejecting the appellants' request to compound the offences on the ground that the …

STATE OF HARYANAversusTEK SINGH AND ORS.

1999 INSC 215Appeal(s) allowed

The State of Haryana appealed against the Punjab & Haryana High Court’s acquittal of five of eight accused in a murder case involving Tek Singh and Gurdev Singh. The Sessions Court had convicted all eight under Sections 148, 149, 302 and 449 IPC based on eye‑witness testimony, medical reports and …

AHMED BIN SALEMversusSTATE OF ANDHRA PRADESH

1999 INSC 181Appeal(s) allowed

The appellant was accused of throwing bombs that injured a shopkeeper and caused the deaths of two persons. His name did not appear in the FIR or in the initial police statements recorded under Section 161 of the CrPC, but was later added during trial. The prosecution’s case relied on three …

MANOJ@ BHAU AND ORS.versusSTATE OF MAHARASHTRA

1999 INSC 166Dismissed

Six men were tried for assaulting and killing Raju amid a political rivalry. The prosecution alleged that the accused formed an unlawful assembly and, using various weapons, repeatedly struck the victim, leading to his death. Eye‑witness testimony of the victim's parents identified A1 as wielding a …

SIKANDER @MOHD. SAFIQversusTHE STATE (DELHI ADMN.)

1999 INSC 157Dismissed

The appellant, Sikander (Mohammad Shafiq), was convicted under Section 302 of the Indian Penal Code for stabbing his step‑mother Zohra Bi and step‑sister Guizar to death during a family property dispute. He appealed, contending that the killings occurred in a sudden fight and heat of passion, …

SURESH SINGH AND ORS.versusSTATE OF HARYANA

1999 INSC 142Appeal(s) allowed

Ten persons were tried for forming an unlawful assembly and murdering Mahipal. The trial court convicted six, of whom the High Court upheld convictions of Suresh Singh and Mohinder Singh under s.302 IPC and of Chander Pal under s.304(1) IPC. The appellants argued that they acted in private defence …

S. HANUMANTHA RAOversusS. RAMANI

1999 INSC 143Dismissed

The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted …

VIJAYAN @ VIJAYA KUMARversusSTATE REP. BY INSPECTOR OF POLICE

1999 INSC 125Appeal(s) allowed

The case arose from a long‑standing rivalry between two neighbouring families over stone slabs that blocked drainage. On 5 October 1984, after a morning altercation in which the appellant's faction slapped the deceased's father, the deceased Natarajan and his brother either pursued the appellant …

K. RAMAKRISHNAN UNNITHANversusSTATE OF KERALA

1999 INSC 117Disposed off

K. Ramakrishnan Unnithan was charged with offences arising from a violent altercation that culminated in the stabbing death of Kesava Pillai, the father of a witness. The trial court acquitted him, finding the prosecution had not proved the case beyond reasonable doubt. The Kerala High Court …

N.K. OGLEversusSANWALDAS @ SANWALMAL AHUJA

1999 INSC 118Appeal(s) allowed

The appellant, a Tehsildar, was ordered by the District Collector to recover lease money from the respondent and, after issuing a demand notice, seized the respondent's scooter when the latter objected to the demand. The scooter was auctioned and the respondent filed a complaint under IPC s.379 …

NIRMAL SINGH AND ANR.versusSTATE OF HARYANA

1999 INSC 115Disposed off

The appellants, Dharampal and his brother Nirmal, murdered five members of the family of Punam, a witness who had testified against Dharampal in a prior rape case. After being granted bail following his conviction for rape, Dharampal, who had previously threatened to kill anyone giving evidence, …

STATE OF HIMACHAL PRADESHversusJEET SINGH

1999 INSC 104Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Jeet Singh, who had been convicted by a Sessions Court for murdering his wife Sudarshana Devi under IPC 302. The High Court had set aside the conviction, deeming the death a suicide and rejecting incriminating evidence recovered under Section …

RAJESH BAJAJversusSTATE NCT OF DELHI AND ORS.

1999 INSC 101Appeal(s) allowed

Rajesh Bajaj, a garment exporter, filed a complaint alleging that a German buyer promised payment on receipt of invoices but paid only a part of the amount and later reneged on a further promise. The complaint invoked Sections 415 and 420 of the IPC, and the FIR was subsequently quashed by the Delhi …

JIWAN DASSversusSTATE OF HARYANA

1999 INSC 88Disposed off

Jiwan Dass and Mittar Pal Yadav, employees of the Government Heat Treatment Centre, were authorized to procure 10,000 litres of light diesel oil from Indian Oil Corporation. The diesel delivered was short by 4,300 litres. The prosecution charged both under Section 409 of the IPC for criminal breach …

OM PRAKASHversusSTATE OF HARYANA

1999 INSC 77Appeal(s) allowed

Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case …

STATE OF U.P.versusRANJIT SINGH

1999 INSC 72Appeal(s) allowed

Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation …

STATE OF KERALA AND ORS. ETC.versusO.C. KUTTAN AND ORS. ETC.

1999 INSC 67Appeal(s) allowed

On July 23, 1996 a FIR was lodged under IPC sections 366A, 372, 376 and 344 r/w 34 and the Immoral Traffic (Prevention) Act based on a victim's detailed statement of exploitation and sexual assault. Five influential accused filed writ petitions in the Kerala High Court seeking quashing of the FIR, …

VIJAYAN@ RAJANversusSTATE OF KERALA

1999 INSC 65Appeal(s) allowed

The appellants, Vijayan and Sadanandan, were convicted by the Kerala High Court for murder and conspiracy under Sections 302 and 120B IPC based largely on circumstantial evidence, identification testimony, a dying declaration, and bullets recovered from the second accused's house. The Supreme Court …

STATE OF KERALAversusPUTTUMANA ILLATH JATHAVEDAN NAMBOODIRI ETC.

1999 INSC 57Appeal(s) allowed

The accused, an employee of Western India Plywoods, was convicted by a Judicial Magistrate and affirmed by an Additional Sessions Judge for offences under IPC sections 408, 468 and 477A, involving misappropriation of empty barrels and forgery of documents. He filed a revision before the Kerala High …

RAJENDRA KUMAR SITARAM PANDE ETC.versusUTTAM AND ANOTHER

1999 INSC 58Appeal(s) allowed

The complainant alleged that the accused had made a false complaint to a Treasury Officer, accusing him of being drunk and abusive, thereby invoking criminal defamation provisions. The magistrate, after directing an inquiry under Section 202 of the CrPC, issued summons against the accused. The …

KAMMARI BRAHMIAH AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF AP .

1999 INSC 37Dismissed

Six accused were tried for murder (IPC s.302). The Sessions Court acquitted them, but the High Court on appeal convicted one under s.304(II), another under s.325 and the remaining four under s.325 read with s.149, even though the trial court had not framed a charge under s.149. The appellants …

MOHAN SINGH AND ANR.versusSTATE OF M.P.

1999 INSC 27Case Partly allowed

Mohan Singh and Kailash Singh were convicted of murder under Section 302 read with Section 34 of the IPC, with Mohan Singh also convicted under the Arms Act. They appealed, challenging the post‑mortem finding of blackening under the wound, the reliability of eyewitness identification in low light, …

RAM LAL AND ANR.versusSTATE OF JAMMU AND KASHMIR

1999 INSC 22Disposed off

The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section …

SANJEEV KUMARversusSTATE OF HIMACHAL PRADESH

1999 INSC 21Disposed off

The Supreme Court examined a murder case where Sanjiv Kumar was seen entering and exiting the victim's house with a knife, was found with blood‑stained clothes, and a knife bearing human blood was recovered from his residence. The prosecution relied on circumstantial evidence, including the recovery …

PARAS YADAV AND ORS.versusSTATE OF BIHAR

1999 INSC 6Case Partly allowed

The deceased Sambhu Yadav was attacked by three accused and, while gravely injured but conscious, gave a statement to witnesses and a police Sub‑Inspector that identified Paras Yadav as the one who stabbed him. The Sub‑Inspector recorded this statement as a routine FIR, not expressly as a dying …

THE STATE OF GUJARAT AND ANR.versusSURYAKANT CHUNILAL SHAH

1998 INSC 458Dismissed

The respondent, S.C. Shah, an Assistant Food Controller (Class II) in Gujarat, was accused of issuing bogus cement permits and fabricating a government stamp, leading to his suspension and two FIRs under the Indian Penal Code and the Prevention of Corruption Act. A Review Committee was convened …

KASHIRAMversusSTATE OF M.P.

1998 INSC 397Dismissed

The appellant Kashiram and six others were charged with murder and related offences for allegedly forming an unlawful assembly and shooting Gorelal on 29 December 1986, also injuring four witnesses. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal of …

VIMAL SINGHversusKHUMAN SINGH AND ANR.

1998 INSC 388Appeal(s) allowed

Vimal Singh was tried for murder under Section 302 IPC for allegedly stabbing Vijay Singh with a knife. The trial court acquitted him, finding the prosecution had not proved the charge beyond reasonable doubt. The complainant, Khuman Singh, filed a revision petition; the Madhya Pradesh High Court …

STATE OF GUJARAT AND ANR.versusHONBLE HIGH COURT OF GUJARAT

1998 INSC 380Disposed off

The Supreme Court examined whether prisoners sentenced to rigorous imprisonment may be compelled to perform hard labour without consent and what wages they are entitled to under Article 23 of the Constitution. It held that such labour is lawful as it serves a public purpose of reform and …

MR.'X'versusHOSPITAL Z

1998 INSC 374Dismissed

The appellant, a doctor who tested HIV‑positive, had his status disclosed by Hospital Z when he was about to marry Ms. Y, leading to social ostracism. He filed a consumer complaint seeking damages for breach of medical confidentiality and violation of his right to privacy under Article 21. The …

SURESH BUDHARMAL KALANIversusSTATE OF MAHARASHTRA

1998 INSC 364Appeal(s) allowed

The case arose from a gang‑related shoot‑out at J.J. Hospital in 1992 that resulted in the death of Shailesh Haldankar and injuries to several persons. The appellants, Suresh Budharmal Kalani and Dr. Aken Kumar Gajendra Rai Desai, were charged under Sections 3(3) and 3(4) of the Terrorist and …

SAJJAN SINGHversusSTATE OF MADHYA PRADESH

1998 INSC 340Dismissed

The appellants were convicted of murder under Sections 302/149 IPC for the killing of Munnabhai, but the Madhya Pradesh High Court Division Bench was split on the convictions of seven of them. The matter was referred to a third judge under Section 392 of the CrPC, who refused to revisit the …

MOHAN SINGHversusLATE AMAR SINGH THROUGH THE LRS.

1998 INSC 335Dismissed

The tenant, Mohan Singh, obtained two successive permissions for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the second limited period expired, the landlord sought possession and the tenant alleged that the second permission was procured by fraud and that he was …

PANCHHI AND ORS. ETC.versusSTATE OF U.P.

1998 INSC 312Disposed off

The appellants, members of a family that had a long-standing feud with their neighbours, entered the victims' house on 26 October 1989 and murdered four persons, including a five‑year‑old child, using weapons such as kulhari and hansia. The trial court and the Allahabad High Court convicted them …

STATE OF RAJASTHANversusRAM BHAROSI AND ORS.

1998 INSC 303Case Allowed

The State of Rajasthan appealed the Rajasthan High Court’s judgment that acquitted five accused of murder (Sec. 302 IPC) on the ground of private defence and convicted them only under lesser offences. The incident involved a dispute over agricultural land where the accused were found ploughing the …

STATE OF A.P. ETC.versusTHAKKIDIRAM REDDY AND ORS. ETC.

1998 INSC 300Dismissed

The State of Andhra Pradesh prosecuted twenty‑one accused for a night‑time raid on the house of Gankidi Mohan Reddy that resulted in his murder. The trial court convicted eleven of them under Sections 148, 302 read with 149 IPC and related offences; the High Court set aside the convictions of six …

ARVINDER VIR SINGHversusSTATE OF PUNJAB AND ANR

1998 INSC 287Case Partly allowed

The case arose from a criminal proceeding for the abduction and murder of an advocate and his family. The CBI, after a Supreme Court direction, filed a charge‑sheet against the appellant SI Avindervir Singh and three other police officers for offences under Sections 193, 194, 211 and 218 IPC, …

STATE THROUGH CBIversusRAJ KUMAR JAIN

1998 INSC 281Case Allowed

The Central Bureau of Investigation (CBI) registered a case under the Prevention of Corruption Act against Raj Kumar Jain, a junior engineer, but after investigation found no prima facie case and submitted a report under Section 173(2) of the CrPC seeking closure. The Special Judge refused to accept …

RAVINDRA @ RAVI BANSI GOHAR.versusSTATE OF MAHARASHTRA AND ORS.

1998 INSC 285Appeal(s) allowed

The case arose from a bomb attack on a police lock‑up in Mumbai where a detainee was killed. Police constable PW‑2 identified two accused, Vijay and Keshya, as miscreants, but his statement did not contain their surnames. The FIR later listed full names, and the accused were arrested, photographed …

KAVITAversusSTATE OF TAMIL NADU

1998 INSC 272Appeal(s) allowed

Kavita was accused of throwing her two children into a well and then jumping in, after which she allegedly made an extra‑judicial confession to three villagers that she could no longer endure her husband's torture. The trial court and the Madras High Court convicted her of murder (Sec. 302 IPC) and …

SMT. LAKHIYA DEVI ETC.versusGIRJA YADAV AND ORS. ETC.

1998 INSC 252Disposed off

The case concerned the murder of Chander Yadav, who was chased by a large group, forced into a small room, assaulted, and his body dragged away. The trial court convicted the accused under sections 326 and 325 read with 149 IPC, sentencing them to eight years, while the High Court set aside those …

BRIJLALA PD. SINHA ETC .versusSTATE OF BIHAR

1998 INSC 249Disposed off

The case involved six police officers who were convicted under Sections 302 and 34 of the IPC for the killing of three civilians in a purported police encounter. The prosecution relied solely on circumstantial evidence, chiefly the testimony of two constables (PW 7 and PW 8), forensic reports and …

MOHAN AND OTHERSversusSTATE OF TAMIL NADU

1998 INSC 228Case Partly allowed

The appellants conspired to kidnap a ten‑year‑old boy and demand a ransom of Rs 5 lakhs. After abducting the child, Mohan and Gopi administered poison, tied the boy’s limbs and neck, and strangled him, later disposing of the body in a TV box placed in a well. All four accused – Mohan, Gopi, Muthu …

SAMBASIVAN AND ORS.versusSTATE OF KERALA

1998 INSC 225Dismissed

On 21 April 1983, members of a rival trade union threw bombs at an industrial estate in Kerala, killing Nanukuttan and injuring several others. The trial court acquitted all twenty‑two accused, but the State appealed against the acquittal of three accused (A‑1 to A‑3). The Kerala High Court, on …

STATE OF BIHARversusKAMLA PRASAD SINGH AND ORS.

1998 INSC 221Case Allowed

Kamla Prasad Singh filed a complaint alleging that police officers raided his house without a warrant, assaulted his wife, abused occupants and seized his property. The Chief Judicial Magistrate, after an inquiry under Section 202 of the CrPC, found that the raid was conducted under a valid warrant …

MOHD. ZAHIDversusTHE GOVT. OF NCT OF DELHI

1998 INSC 219Case Allowed

Mohd. Zahid was arrested by ISBT police on 8 March 1990 and charged under TADA for possessing three country‑made pistols and twelve cartridges. He contended that he had actually been detained on 6 March 1990, that no weapons were seized, and his father filed a complaint with the magistrate. The …

SHAIKH UMAR AHMED SHAIKH AND ANR.versusSTATE OF MAHARASHTRA

1998 INSC 202Appeal(s) allowed

The appellants were convicted under TADA and the IPC for the murder of a police constable during the 1992 Bombay riots, based primarily on the in‑court identification by two constable witnesses. The trial court had rejected the identification parade evidence, finding a strong possibility that the …

MOHD. HADI RAJA ETC.versusSTATE OF BIHAR AND ANR.

1998 INSC 203Disposed off

The Supreme Court examined whether officers of public sector undertakings and government companies, which may be deemed "State" under Article 12 because of deep governmental control, fall within the definition of "public servant" for the purposes of Section 197 of the Criminal Procedure Code (CrPC). …

NLRMAL KANTI ROY ETC.versusSTATE OF WEST BENGAL ETC.

1998 INSC 195Dismissed

The Supreme Court considered two appeals: one under Section 409 IPC where the appellant sought discharge under Section 167(5) of the CrPC after the two‑year investigation period expired, and another under Section 7(1)(a)(ii) of the Essential Commodities Act concerning the limitation bar under …

GOVINDASAMIversusSTATE OF TAMIL NADU

1998 INSC 194Dismissed

Govindasami was accused of murdering his uncle Nagamalai, the latter's wife, two sons and a daughter in May 1984. The prosecution relied on circumstantial evidence: a land‑dispute motive, a wrist‑watch recovered from the crime scene that belonged to the accused, a blood‑stained lungi and a …

RAM BIHARI YADAVversusSTATE OF BIHAR AND ORS.

1998 INSC 191Dismissed

The appellant, a police officer, was convicted under IPC s.302 for allegedly setting his wife on fire and under s.377 for sodomy. The sole evidence of his guilt was the victim's dying declaration recorded by a Judicial Magistrate, which the defence argued was inadmissible because it was not in …

STATE OF U.P.versusHARBAN SAHAI AND ORS.

1998 INSC 187Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Harban Sahai and others, who had been convicted for murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the trial court's findings on the basis of alleged inconsistencies between the FIR and eyewitness testimony, …

P.V. NARASIMHA RAO ETC. ETC.versusSTATE (CBL/SPE) ETC. ETC.

1998 INSC 185Disposed off

The Supreme Court examined whether Members of Parliament (MPs) could claim immunity under Article 105(2) of the Constitution for offences of offering or accepting bribes to influence their speech or vote in Parliament, and whether they fall within the definition of "public servant" under the …

MOHD. IQBAL M. SHAIKH AND ORS.versusSTATE OF MAHARASHTRA

1998 INSC 178Appeal(s) allowed

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code for setting fire to a Hindu house after the demolition of the Babri Masjid, resulting in multiple deaths. The Supreme Court examined whether the act …

STATE OF U.P.versusSIKANDER ALI AND ORS.

1998 INSC 171Disposed off

The State of U.P. appealed the acquittal of Sikandar Ali and others, who had been convicted by a trial court for the murder of two brothers‑in‑law, Shamsher Singh and Ramji Tripathi, based on the testimony of two eye‑witnesses (PW‑1 and PW‑2) recorded in the FIR within an hour of the incident. The …

GEORGE AND OTHERSversusSTATE OF KEARLA AND ANR .

1998 INSC 143Disposed off

The case concerned the murder of reporter Sasidharan Nair, for which three appellants (George @ Vakkachan, Rajeev and Joshy) were charged. The trial court acquitted all accused, rejecting the eye‑witness testimony of the deceased's mother (PW3) and the dying declaration, and relying on a hostile …

RONNY@RONALD JAMES ALWARIS ETC.versusSTATE OF MAHARASHTRA

1998 INSC 135Case Partly allowed

The appellants were convicted of murder, robbery and rape for the killings of a family in Pune in July 1992. They challenged the admissibility of witness identifications made for the first time in court without a test identification parade, the legality of the search and seizure of articles, and the …

SHOBHIT CHAMAR AND ANR.versusSTATE OF BIHAR

1998 INSC 127Dismissed

The appellants, Shiv Prakash Pandey (A‑1) and Shobhit Chamar (A‑2), were convicted under IPC Sections 302, 149, 380 and 460 and under Section 27 of the Arms Act for the murder of six male members of a family, including two children, during a dacoity in Rohtas district, Bihar. They challenged the …

KOVVURI SURYA BHASKARA REDDY ETC.versusSTATE OF ANDHRA PRADESH ETC.

1998 INSC 123Disposed off

The case involved six accused who attacked and killed Buchi Reddi with knives, spears and an axe. The trial court convicted all of them under Sections 148 and 302 IPC, and also under Sections 307, 326 and 324 IPC. The High Court set aside the convictions of four accused, reasoning that the FIR did …

THE STATE OF GUJARAT AND ORS.versusDILIPBHAI NATHJIBHAI PATEL

1998 INSC 124Appeal(s) allowed

The State of Gujarat filed a criminal appeal against Dilipbhai Nathjibhai Patel challenging a High Court order that a prior hearing was required before granting sanction for prosecution under Section 147(1)(d) of the Gujarat Cooperative Societies Act. The appellant had obtained sanction from the …

RAJAYANversusSTATE OF KERALA AND ANR.

1998 INSC 125Dismissed

The appellant, Raja Yan, was married to Sanalkumari who later committed suicide. The prosecution alleged that the appellant repeatedly demanded dowry before and after the marriage, leading to mental and physical cruelty that caused her death. The trial court acquitted the appellant, but the Kerala …

CENTRAL BUREAU OF INVESTIGATIONversusV.C. SHUKLA AND ORS.

1998 INSC 119Dismissed

The Central Bureau of Investigation (CBI) relied on two spiral notebooks and related documents recovered from J.K. Jain's premises to charge politicians V.C. Shukla and L.K. Advani, alleging they received bribes through a hawala scheme. The Supreme Court examined whether the notebooks qualified as …

STATE OF ANDHRA PRADESHversusVEDDULA VEERA REDDY AND ORS. ETC.

1998 INSC 101Appeal(s) allowed

The State of Andhra Pradesh prosecuted six accused for the murder of Cherukuri Kalidas, alleging that they entered his bedroom at night armed with deadly weapons and killed him, with the assault witnessed by his wife and relatives. The trial court convicted five of the accused under Section 302 read …

RAM KUMAR AND ANR. ETC.versusSTATE OF HARYANA

1998 INSC 103Appeal(s) allowed

The accused brothers were charged under IPC sections 302, 307, 324 read with Section 34 for allegedly attacking complainants while digging a khal. The trial and High Courts relied on the testimony of PW‑7 and PW‑8 and rejected the patwari’s (PW‑10) evidence, convicting the accused. On appeal, the …

PAMMI @BRIJENDRA SINGHversusGOVT. OF MADHYA PRADESH

1998 INSC 85Dismissed

Pammi (Brijendra Singh) and accomplices, armed, went to the house of PW‑5 to settle a business dispute. The three deceased arrived to pacify the situation, leading to a heated altercation during which Pammi and the others opened fire, killing all three. Pammi pleaded private defence, claiming the …

STATE OF U.P.versusLAKHMI

1998 INSC 86Appeal(s) allowed

The husband, Lakhmi, was alleged to have killed his young wife by striking her head with a spade (phali) and a blunt instrument (kunda). Several eyewitnesses saw the assault, and the accused, when examined under Section 313 of the CrPC, admitted killing his wife with a kunda, denying the use of the …

PAWAN KUMAR AND ORS.versusSTATE OF HARYANA

1998 INSC 76Case Partly allowed

Pawan Kumar (husband) and his parents-in‑law were convicted for the death of his wife, Urmil, who died from severe burns within seven years of marriage. The prosecution alleged that the husband and his relatives repeatedly demanded a scooter and refrigerator as dowry, subjected the wife to mental …

SHEIKH ABDUL HAMID AND ANOTHERversusSTATE OF MADHYPRADESH

1998 INSC 58Case Partly allowed

The appellants, Sheikh Abdul Hamid and Ashiq Ali, were convicted under Sections 302 and 34 of the IPC for the murder of a woman, her daughter and infant son whose bodies were exhumed from a locked inner room of a dhaba where the accused lived. The prosecution relied solely on circumstantial …

SACHIDA NAND SINGH AND ANR.versusSTATE OF BIHAR AND ANR.

1998 INSC 52Dismissed

The appellants forged a certified copy of a Jamabandi (Rent Roll) and introduced it in a court of Executive Magistrate during proceedings under Section 145 of the CrPC. A complaint alleging forgery offences (IPC §§ 468, 469, 471) was filed before the Chief Judicial Magistrate, who forwarded it to …

VINAYAK SHIVAJIRAO POLversusTHE STATE OF MAHARASHTRA

1998 INSC 38Appeal(s) allowed

The appellant, a sepoy in the Indian Army, was accused of murdering his wife whose headless, highly decomposed body was found in a well. He made a voluntary extra‑judicial confession to military officers admitting to strangling his wife, and later, at his suggestion, the police recovered the …

STATE OF PUNJABversusRAJ SINGH AND ANR.

1998 INSC 28Appeal(s) allowed

The State of Punjab appealed against the Punjab and Haryana High Court’s order quashing an FIR that alleged offences under Sections 419, 420, 467 and 468 IPC committed during civil proceedings. The High Court had held that Section 195(1)(b)(ii) of the Criminal Procedure Code barred police …

MINOO MEHTAversusSHAVAK D. MEHTA

1998 INSC 26Dismissed

The uncle (complainant) entrusted his 1,200 shares of Great Eastern Shipping Co. to his nephew (appellant) for sale and to remit the proceeds. The nephew sold the shares between December 1991 and January 1992, kept the Rs.1,10,000 sale proceeds and failed to pay the complainant, leading to a …

HARICHANDversusDIRECTOR OF SCHOOL EDUCATION

1998 INSC 20Dismissed

Harichand was convicted under Section 408 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine. The Sessions Court upheld the conviction but set aside the sentence, releasing him on probation under Section 4(1) of the Probation of Offenders Act, 1958. Because of the …

HINDUSTAN TIMES LTD.versusUNION OF INDIA AND ORS.

1998 INSC 6Dismissed

Hindustan Times Ltd., the employer, delayed remitting Employees' Provident Fund contributions for several periods between 1965 and 1968. The Department issued a notice in 1971 and, after a long lapse, a show‑cause notice in 1979, finally levying damages under Section 14‑B of the Employees' Provident …

ASSOCIATED CEMENT COMPANY LTD.versusKESHVANAND

1997 INSC 819Appeal(s) allowed

Associated Cement Company Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Kesvanand. The magistrate examined the company’s authorized representative, Puneet Aggarwal, on oath, but on two consecutive dates the representative was absent and the magistrate acquitted …

M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

1997 INSC 818Directions issued

In M.C. Mehta v. Union of India (Writ Petition (C) No.13029 of 1985), the Supreme Court issued comprehensive directions under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1993 to improve road safety and curb environmental pollution. The Court ordered verification of all commercial …

STATE OF U.P.versusZAKAULLAH

1997 INSC 814Appeal(s) allowed

The State appealed the acquittal of Revenue Inspector Zakaullah, who was convicted by a trial court for taking a Rs 400 bribe under IPC Sec 161 and the Prevention of Corruption Act Sec 5(2). The bribe was given by Satpal Singh (PW‑5) after a trap was arranged by the Anti‑Corruption Bureau, and the …

MAHENDRA SINGH CHOTELAL BHARGADversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 815Appeal(s) allowed

The appellant, Mahendra Singh, received Rs.3,000 from a guest house manager after two police officers, Uttamrao Baburao Raut and Abdul Kadar, demanded the money as gratification to drop a criminal case. The prosecution alleged that the appellant was part of a corrupt arrangement and convicted him …

KOTIA PRAKASHAN AND ORS.versusSTATE OF KERALA

1997 INSC 809Disposed off

The case involved a riotous mob that surrounded the house of PW‑7 and chased the deceased RSS leader Vishwanathan to another house where he was killed. The five appellants, sympathisers of the CPM, were part of the mob but the prosecution could not prove that they pursued the deceased to the house …

NILGIRIS BAR ASSOCIATIONversusT.K. MAHALINGAM AND ANR.

1997 INSC 795Appeal(s) allowed

The Nilgiris Bar Association filed a petition against T.K. Mahalingam, who had fraudulently enrolled as a member of the Bar and practiced as an advocate for eight years, committing offences under Sections 419 and 420 IPC. Mahalingam was released by a magistrate under Section 4(1) of the Probation of …

STATE OF TAMIL NADU ETC.versusSURESH (A-2) AND ANR.

1997 INSC 791Appeal(s) allowed

A pregnant housewife fell from the fourth floor of her apartment and died. The prosecution alleged that the husband, his brother (A‑2 Suresh) and two employees conspired to murder her; the husband was abroad. The only direct evidence was the testimony of an approver (PW‑1) who confessed and …

KASAM ABDULLA HAFIZversusSTATE OF MAHARASHTRA

1997 INSC 790Dismissed

Kasam Abdulla Hafiz, a former assistant public prosecutor, was charged with murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after he allegedly threw a brick and stabbed Manohar Deshmukh, the father of a colleague, resulting in Deshmukh's death, and also injured Sanjay Patil. The Sessions …

R.K. KRISHNA KUMARversusSTATE OF ASSAM AND ORS.

1997 INSC 786Disposed off

The appellants, senior officers of Tata Tea Company, were alleged to have negotiated with ULFA militants and funded their activities, leading to an FIR under IPC sections 120‑B, 121, 121‑A, 122 and UAPA sections 10 and 13. Anticipatory bail applications were filed under CrPC section 438; the Bombay …

STATE OF TAMIL NADUversusP. MUNIAPPAN

1997 INSC 778Appeal(s) allowed

P. Muniappan, an assistant professor, was charged with murdering his wife Nagammal after she was found hanging in their kitchen with burn injuries and signs of struggle. The prosecution relied on extensive circumstantial evidence—Muniappan's motive to obtain a divorce and a second marriage, his …

STATE OF RAJASTHANversusPRAKASH CHAND AND ORS.

1997 INSC 776Appeal(s) allowed

The Supreme Court allowed the State of Rajasthan's appeal against a single High Court judge, Justice Shethna, who, while hearing a criminal revision petition, improperly called for the record of a writ petition already disposed of by a Division Bench, made intemperate allegations against the Chief …

STATE OF M.P.versusUDAI SINGH

1997 INSC 772Appeal(s) allowed

The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's acquittal of Udai Singh, who had been convicted by the trial court for the murder of three women and the attempted murder of a fourth under IPC sections 302 and 307. The Supreme Court examined whether the eyewitness …

SURESH KUMAR BHIKAMCHAND JAINversusPANDEY AJAY BHUSHAN AND ORS.

1997 INSC 765Dismissed

The President of Jalgaon Municipality filed a criminal complaint against four senior government officials who, while preventing the demolition of an illegal encroachment, assaulted him and others. The trial court issued process against three respondents but discharged the fourth for lack of sanction …

NAJJAM FARAGHI ALIAS NAJJAM FARUQUIversusSTATE OF WEST BENGAL

1997 INSC 732Dismissed

The appellant was convicted of murder under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire. The victim survived for about twenty days after the incident, during which she gave two statements to a police Sub‑Inspector and a magistrate accusing her husband. The …

HARGOVANDAS DEVRAJBHAI PATEL AND ORS.versusTHE STATE OF GUJARAT

1997 INSC 733Appeal(s) allowed

Police officers were accused of murdering a man identified as Kantuji Mohan Singh after beating him during interrogation at a police station. The prosecution relied on circumstantial evidence, including the discovery of a decomposed body in a jungle and identification of the body by relatives based …

AMMINI AND ORS.versusSTATE OF KERALA

1997 INSC 737Dismissed

The appellants, four accused, were alleged to have conspired to murder Merli and her two children by administering potassium cyanide. The prosecution relied on extensive circumstantial evidence, including the accused's movements, fingerprint on a glass, forensic laboratory report, medical …

SELVARAJversusSTATE OF TAMIL NADU AND ORS.

1997 INSC 728Dismissed

Selvaraj, one of four brothers, stabbed his brother Dasan and another relative during a family property dispute. Three eye‑witnesses (PW1, PW5, PW6) testified to the incident, and a post‑mortem report showed a fatal chest wound and evisceration. The trial court acquitted Selvaraj, but the Madras …

SMT. OMWATI ETC.versusMAHENDRA SINGH AND ORS.

1997 INSC 721Dismissed

The accused Mahendra Singh and five others were convicted by the trial court for murder, attempted murder and rioting under Sections 148, 302/149 and 307/149 IPC based on the testimony of three eye‑witnesses. The Allahabad High Court set aside the convictions, holding that the prosecution had not …

SURENDRA NARAIN @ MUNNA PANDEYversusTHE STATE OF U.P.

1997 INSC 722Dismissed

Sureendra Narain (Munna Pandey) was convicted of murder under IPC s.302 for shooting Shree Prakash in a rickshaw. The prosecution relied on three eye‑witnesses who named the accused in the FIR, and the accused surrendered later and sought a test identification parade, which was ordered by the …

BHUPENDRASINH A. CHUDASAMAversusSTATE OF GUJARAT

1997 INSC 716Dismissed

The appellant, an armed constable of the Special Reserve Police, shot and killed his immediate superior, a Head Constable, at the Khampla Dam site, claiming he was discharging his patrol duties and feared a miscreant would set fire to a tower. The trial court acquitted him on the basis of reasonable …

BHOLA BHAGAT ETC.versusSTATE OF BIHAR

1997 INSC 712Appeal(s) allowed

The appellants were convicted for murder and related offences under Sections 302, 149 and 148 of the IPC for the killing of Ram Naresh Choubey in 1978. They later claimed that they were children at the time of the offence and sought the benefit of the Bihar Children Act, 1970/1982 and the Juvenile …

NAZRUL MONDAL AND ORS.versusSTATE OF WEST BENGAL

1997 INSC 709Dismissed

The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Babar Ali, based primarily on the testimony of six eye‑witnesses who were relatives of the deceased. The appellants challenged the admissibility of those witnesses, argued that no specific allegation …

STATE OF U.P.versusBHOORA AND ORS.

1997 INSC 710Appeal(s) allowed

The State of Uttar Pradesh prosecuted Bhoora and Vishram Singh for dacoity with murder under IPC sections 396 and 34. Four eye‑witnesses testified that they saw the accused, identifiable by the colour of their khaki uniforms and hats, under the illumination of two electric poles during the incident. …

HARI CHARAN AND ANR.versusSTATE OF RAJASTHAN

1997 INSC 706Dismissed

An armed group stopped a bus at gunpoint, attempted to drag out the conductor Ram Babu, and shot him, resulting in his death. The prosecution relied on the testimony of an eye‑witness, Kedarnath, corroborated by a police informant, to convict the principal shooter (A‑1) under Section 302 IPC and the …

SHIV RAM AND ANR. ETC.versusSTATE OF UTTAR PRADESH

1997 INSC 699Dismissed

The case involved a mass murder in which 24 persons were accused of killing five members of a family, including the brutal decapitation of three victims and the burning alive of a ten‑year‑old boy, allegedly as revenge for the earlier murder of A‑1's brother. The prosecution relied on two …

GULJAR ALI ETC.versusSTATE OF HIMACHAL PRADESH

1997 INSC 700Appeal(s) allowed

Three brothers—Raj Mohammad, Niaz Ali and Gulzar Ali—were convicted for the murder of Tara Chand, a factotum of Jai Paul, based on circumstantial evidence, letters showing motive, and recovered weapons. The prosecution relied on letters seized from the accused, expert handwriting analysis, and …

A. DEIVENDRANversusSTATE OF TAMIL NADU

1997 INSC 703Disposed off

The case involved a dacoity and murder where five accused were committed to the Sessions Court; one accused, MR, was granted pardon by the Chief Judicial Magistrate after commitment and examined as an approver. The Supreme Court held that after a case is committed to a Sessions Court, only that …

ASHIM KUMAR ROYversusBIPINBHAI VADILAL MEHTA AND ORS.

1997 INSC 689Dismissed

Ashim Kumar Roy, a trade‑union secretary, filed a criminal complaint alleging that Bipinbhai Vadilal Mehta and his son conspired to commit criminal breach of trust and conspiracy (IPC §§120‑B, 409) and violated Section 77 of the Companies Act by diverting company funds to acquire control of Sayaji …

RAMBILAS AND ORS.versusSTATE OF MADHYA PRADESH

1997 INSC 684Appeal(s) allowed

The appellants were convicted under IPC sections 302 and 201 for the murder of Deosharan, a notorious villager, based primarily on the testimony of four eye‑witnesses who claimed to have heard a disturbance and seen the assault. During cross‑examination the witnesses admitted they did not actually …

THE STATE OF ANDHRA PRADESHversusBIMAL KRISHNA KUNDU AND ANR.

1997 INSC 685Appeal(s) allowed

The State of Andhra Pradesh prosecuted Bimal Krishna Kundu and his son for conspiring to leak Public Service Commission examination question papers, alleging they used dummy firms to obtain printing contracts and printed the papers at their own press. Despite being blacklisted in 1994, the alleged …

SUKHBIR SINGH AND ORS.versusSTATE OF HARYANA

1997 INSC 683Disposed off

The appellants Sukhbir Singh and others were initially charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and tried by a designated TADA court. The designated judge held that no offence under TADA was made out and, relying on a Punjab and Haryana High Court decision, …

STATE OF PUNJABversusHARI KISHAN AND ORS.

1997 INSC 674Dismissed

The State of Punjab appealed against the acquittal of Hari Kishan and his brothers, who were originally convicted for the murder of Jai Rani under Sections 302 and 201 IPC. The prosecution alleged that the accused demanded dowry, ill‑treated the victim and strangled her, relying on circumstantial …

DUKHMOCHAN PANDEY AND ORS.versusSTATE OF BIHAR

1997 INSC 672Appeal(s) allowed

The case arose from a mob of about 200 armed persons who attacked labourers transplanting paddy on a field, resulting in the deaths of Razaullah and Ahmed Shah. The trial court convicted all accused under Sections 302/149 and 302/34 IPC; the High Court set aside the 302/149 convictions but upheld …

UNION PUBLIC SERVICE COMMISSIONversusS. PAPAIAH AND ORS.

1997 INSC 650Appeal(s) allowed

The Union Public Service Commission (UPSC) complained that a candidate had used unfair means in the Indian Forest Service examination and asked the CBI to investigate. The CBI filed a closure report under Section 173 of the CrPC, but failed to give the UPSC proper notice of its right to object. The …

STATE OF MAHARASHTRAversusRAJENDRA JAWANMAL GANDHI ETC.

1997 INSC 651Appeal(s) allowed

The accused Rajendra Jawanmal Gandhi was charged with raping an eight‑year‑old girl. The trial court convicted him under Section 376 IPC and sentenced him to seven years' rigorous imprisonment. The Bombay High Court set aside the rape conviction, finding only an attempt and convicting him under …

MANSUKHLAL VITHALDAS CHAUHANversusSTATE OF GUJARAT

1997 INSC 637Appeal(s) allowed

M.V. Chauhan, a Divisional Accountant, was caught in a trap involving anthracene‑treated currency notes and was prosecuted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC. The Gujarat High Court, on a writ petition, directed the Secretary of the Vigilance Commission …

RAMKISHAN AND OTHERSversusSTATE OF RAJASTHAN

1997 INSC 636Appeal(s) allowed

Ten persons attacked a bullock‑cart carrying the complainant party; one victim, Bhura, died and another, Badri, was injured. Five of the accused (the appellants) were convicted by the trial court and the High Court under Section 302 (murder) and Section 148 IPC. On appeal, the Supreme Court examined …

AJIT SAVANT MAJAGAVIversusSTATE OF KARNATAKA

1997 INSC 609Dismissed

The appellant, Ajit Savant Majagavi, was charged with murdering his wife, Padmavathi, and was acquitted by the Sessions Court on the ground that the prosecution failed to prove his presence at the lodge where the death occurred and that key witnesses had turned hostile. The State appealed under …

VISHAKA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1997 INSC 604Disposed off

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in …

PRAHLAD SINGHversusSTATE OF MADHYA PRADESH

1997 INSC 606Appeal(s) allowed

The appellant, an army jawan, was charged under Section 376 IPC for raping a minor girl. The Sessions Court, after hearing the doctor, the victim and her parents, concluded that rape had occurred but found no reliable evidence linking the appellant to the crime and acquitted him. The State appealed, …

ATMARAM ZINGARAJIversusSTATE OF MAHARASHTRA

1997 INSC 607Disposed off

Nine persons, including Atmaram Zingaraji, were charged with rioting, unlawful assembly, murder and wrongful restraint for an incident on 5 June 1987. The trial court acquitted all, but the High Court set aside the acquittal of the appellant, convicting him under Section 302 IPC (simpliciter) and …

BILAL AHMAD KALOOversusSTATE OF ANDHRA PRADESH

1997 INSC 598Appeal(s) allowed

Bilal Ahmad Kaloo, a Kashmiri youth and member of the militant outfit Al‑Jehad, was arrested in Hyderabad for allegedly spreading communal hatred among Muslims and possessing a revolver and cartridges. The Designated Court under TADA acquitted him of TADA offences but convicted him under IPC …

MADAN LALversusSTATE OF JAMMU AND KASHMIR

1997 INSC 599Dismissed

Madan Lal, a school headmaster, was charged under Sections 376/511 IPC for attempting to rape a 13‑year‑old student who he allegedly detained at his residence and forced to sexual intercourse. The trial court acquitted him, finding the victim’s testimony unreliable, the medical report inconclusive, …

SAHIB SINGHversusSTATE OF HARYANA

1997 INSC 578Appeal(s) allowed

Sahib Singh was convicted under the IPC and TADA for the murder of Om Prakash based on the testimony of three brothers—sons of the deceased—and a confession recorded under Section 15 of the TADA Act. The Supreme Court examined whether relatives of the deceased are competent witnesses, the effect of …

JIBRIAL DIWANversusSTATE OF MAHARASHTRA

1997 INSC 571Appeal(s) allowed

The case involved a cultural show organized by a minister where invitation letters on the minister's letterhead were forged. The appellant delivered the forged letters to the invitees but did not forge them himself. He was convicted by the High Court under IPC sections 417 (cheating), 465 (forgery), …

MADHU BALAversusSURESH KUMAR AND ORS.

1997 INSC 569Appeal(s) allowed

Madhu Bala filed two complaints alleging offences under Sections 498A and 406 IPC before Chief Judicial Magistrates. The magistrates, invoking Section 156(3) of the Criminal Procedure Code, directed the police to register a case and investigate; the police registered FIRs, investigated, and …

THE STATE OF GUJARATversusANIRUDHSING AND ANR.

[1997] SUPP. 2 S.C.R. 234

The State of Gujarat appealed the acquittal of Anirudhsing Mahipatsingh Jadeja (Accused No.1) and Nilesh Kumar (Accused No.2) for the murder of MLA Popatbhai Sorathiya during an Independence Day ceremony. The trial court had held that the prosecution failed to prove the accused's presence, the …

HARPAL SINGH ETCversusDEVINDER SINGH AND ANR. ETC.

1997 INSC 555Appeal(s) allowed

The Supreme Court examined an appeal against the acquittal of twelve students charged under the Terrorist and Disruptive Activities (Prevention) Act for the murder of Jasbir Singh and grievous hurt to Sumer Singh during a campus political clash. The Court held that a four‑hour delay in lodging the …

MANGAT RAIversusSTTE OF PUNJAB

1997 INSC 556Dismissed

The appellant, a practising doctor, was accused of murdering his wife, Madhu Bala, who was found dead hanging in their residence with a dupatta around her neck and her legs tied to a cot. Post‑mortem and chemical examination revealed ante‑mortem injuries and the presence of a lethal dose of …

TANVIBEN PANKAJ KUMAR DIVETIAversusSTATE OF GUJARAT

1997 INSC 485Appeal(s) allowed

The appellant, Tanviben Pankaj Kumar Divetia, was convicted under Section 302 read with Section 34 of the IPC for the murder of her mother‑in‑law, based solely on circumstantial evidence. The conviction was upheld by a third judge of the Gujarat High Court after a division bench was split, and the …

STATE OF U.P.versusABDUL AND ORS.

1997 INSC 473Appeal(s) allowed

The State of U.P. appealed the Allahabad High Court’s acquittal of four accused who had been convicted for the murder of Shanker Lal under IPC sections 302 and 34. The High Court had set aside the trial court’s conviction, relying on an inquest report under Section 174 CrPC that omitted mention of a …

KRISHANversusSTATE OF HARYANA

1997 INSC 462Disposed off

Krishan, already serving life imprisonment for a prior murder, was convicted of murdering his brother‑in‑law Ranbir inside District Jail, Sonepat, using a spade. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the death …

SMT. SUJATA MUKHERJEEversusPRASHANT KUMAR MUKHERJEE

1997 INSC 457Appeal(s) allowed

Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband …

DAULAT RAMversusSTATE OF PUNJAB

1997 INSC 452Appeal(s) allowed

Daulat Ram, a Punjab police constable, was convicted of murdering a 25‑year‑old man, Narinder Singh, under Section 302 IPC read with Section 27 of the Arms Act. The prosecution relied on two alleged eyewitnesses, the victim's uncle and a companion, and asserted that the killing occurred at 2 p.m., …

BALO YADAV AND OTHERSversusSTATE OF BIHAR

1997 INSC 453Dismissed

The victim Ramdeo Yadav was attacked and killed with sharp-edged weapons while sleeping in a field; his son Gajendra (PW 8) witnessed the assault using a torchlight. The Sessions Court convicted all fourteen accused based on eyewitness testimony, but the Patna High Court upheld convictions only …

D.V. SHANMUGHAM AND ANR.versusSTATE OF ANDHRA PRADESH

1997 INSC 442Appeal(s) allowed

The case concerned a violent incident on 22 September 1990 in which five accused formed an unlawful assembly and attacked two victims, resulting in the deaths of Mohan and Sekhar. The prosecution charged the accused under various sections of the Indian Penal Code, including murder (302) and …

SANGARABOINA SREENUversusSTATE OF ANDHRA PRADESH

1997 INSC 431Appeal(s) allowed

The appellant was tried before the Sessions Court for uxoricide and was convicted under Section 302 of the Indian Penal Code for murder. On appeal, the Andhra Pradesh High Court set aside the murder conviction and, invoking Section 222 of the Code of Criminal Procedure, convicted him instead under …

STATE OF U.P.versusLAKHAN AND ORS.

1997 INSC 412Leave Granted & Allowed

On 6 March 1977, the deceased Sukhuwa and his relatives were returning from a festival when the accused, armed with lathis, suddenly attacked him on the head and other vital parts, causing injuries that led to his death. The trial court convicted the accused under Section 302 read with Section 34 of …

CHANDUBHAI MALUBHAI PARMAR AND ORS.versusSTATE OF GUJARAT

1997 INSC 370

A dispute over land allotment between the Vankar community and Harijans in Gujarat escalated into a riot involving a mob of 100‑150 persons, during which four Vankars were killed and thirteen injured. The mob also ransacked and set fire to several houses. The accused A‑34, A‑35 and A‑36 were …

KALIKA TIWARI AND ORS. ETC.versusSTATE OF BIHAR

1997 INSC 316Case Partly allowed

The case involved a dacoity on 22 December 1987 at the house of Sanfula Devi, during which three persons were murdered and valuables stolen. The trial court convicted twelve accused under Sections 396 and 120‑B IPC, and the High Court added convictions under Sections 302 and 34 IPC. The Supreme …

SMT. K. PONNAMMAversusTHE STATE OF KERALA AND ORS.

1997 INSC 277Dismissed

The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a …

STATE OF PUNJAB AND ORS.versusKRISHAN NIWAS

1997 INSC 273Appeal(s) allowed

Krishan Niwas, a government employee, was convicted under Section 302 IPC and sentenced to life imprisonment, leading to his removal from service under Article 311(2). The conviction was later modified to Section 325 IPC with a 1½‑year sentence. After serving the term, a departmental appeal reduced …

SAMBHOO NATH MISRAversusSTATE OF U.P. AND ORS.

1997 INSC 275Appeal(s) allowed

Sambhoo Nath Misra filed a private complaint against R.D. Tripathi, a government servant, alleging offences under IPC sections 409, 420, 465, 468 and 477A for forging his signature and misappropriating Rs.443.90. The magistrate dismissed the complaint on the ground that sanction under Section 197 of …

ALLAHABAD BANK AND ANR.versusDEEPAK KUMAR BHOLA

1997 INSC 266Appeal(s) allowed

Allahabad Bank suspended clerk Deepak Kumar Bhola under clause 19.3(a) of the First Bipartite Settlement after a CBI investigation and charge‑sheet alleging forgery, cheating and other offences involving moral turpitude. Bhola challenged the suspension before the Allahabad High Court, which quashed …

RAJESH KUMAR ETC.versusDHARAMVIR AND ORS.

1997 INSC 262Appeal(s) allowed

The State of Haryana appealed the Punjab & Haryana High Court's acquittal of five accused who had been convicted of rioting, murder and attempted murder. The High Court had set aside the trial court's convictions on the basis that the accused acted in private defence of person and property. The …

STATE OF MAHARASHTRAversusPRIYA SHARAN MAHARAJ AND ORS.

1997 INSC 256Appeal(s) allowed

The State of Maharashtra appealed the Bombay High Court’s order quashing the charge of rape against spiritual teacher Priya Sharan Maharaj and others. The High Court had discharged the accused on the basis that the accused was a saintly man and that the victims’ delayed complaints and lack of …

ASHOK HURRAversusRUPA BIPIN ZAVERI

1997 INSC 245Disposed off

The husband and wife, married in 1970, lived separately from 1983 and filed a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act in 1984. The husband later moved a sole application for decree, while the wife withdrew her consent after the statutory 18‑month …

KATTA RAMUDUversusSTATE OF ANDHRA PRADESH

1997 INSC 219Dismissed

The appellant, a resident of Velleturu village, attacked V. Nageswara Rao (the deceased) at a police‑ordered meeting, stabbing him in the chest with a knife that penetrated the right ventricle, causing instant death. The prosecution proved that the appellant uttered the words "do away with the …

PANDAPPA HANUMAPPA HANAMAR AND ANR.versusSTATE OF KARNATAKA

1997 INSC 204Dismissed

The appellants were accused of murdering their brother‑in‑law, Hanamappa, and of acting with common intention under IPC sections 302 and 34. The trial court acquitted them, disbelieving the eye‑witness P.W.2, the hostile witness P.W.1 and several independent villagers, and giving undue weight to …

KRISHNAKANT RAGHUNATH BIBHAVNEKARversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 211Dismissed

The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as …

SHAM LALversusSTATE OF HARYANA ETC.

1997 INSC 169Dismissed

Neelam Rani died from burns in 1987. The husband (appellant) and his father were convicted by the Sessions Court of murder (Sec. 302 IPC), dowry death (Sec. 304B IPC) and cruelty for dowry (Sec. 498A IPC). The High Court upheld the murder conviction and acquitted the father. On appeal, the Supreme …

VIJENDERversusTHE STATE OF DELHI

1997 INSC 137Appeal(s) allowed

The appellants were convicted for kidnapping, murder and illegal possession of a firearm under the Arms Act and TADA. The prosecution’s case relied on the victim’s father’s testimony about a witness’s statement, statements recorded by police before investigation, the accused’s own statements about …

SATBIRversusSURAT SINGH AND ORS.

1997 INSC 136Appeal(s) allowed

Satbir filed a criminal appeal after the Punjab & Haryana High Court acquitted twelve accused of rioting and murder under Sections 148, 149 and 302 IPC, relying on alleged identification failures, the status of witnesses as "chance" witnesses, the relationship of a witness to the deceased, …

INDIAN OIL CORPORATION LTD. AND ANR.versusASHOK KUMAR ARORA

1997 INSC 106Appeal(s) allowed

The respondent, a senior stenographer in Indian Oil Corporation Ltd., was identified by a vigilance enquiry as the organiser of a scheme in which employees submitted forged medical certificates and bills to obtain reimbursements, causing monetary loss to the corporation. He was charge‑sheeted, …

STATE OF UPversusDAN SINGH AND ORS.

1997 INSC 85Disposed off

The State of Uttar Pradesh alleged that a large mob of villagers attacked a scheduled‑caste marriage party, killing 14 and injuring 7. The key issue was whether the mob constituted an unlawful assembly with the common object of killing the Doms, and whether the accused could be held liable under …

MOHMOODKHAN MAHBOOBKHAN PATHANversusSTATE OF MAHARASHTRA

1997 INSC 87Appeal(s) allowed

The appellant, a Sub‑Registrar, was convicted under Section 161 IPC and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947 for allegedly receiving Rs 60 as illegal gratification for issuing certified copies of sale deeds. The prosecution set up a trap and caught him taking the …

BHARAT RAM MEENAversusRAJASTHAN HIGH COURT AT JODHPUR AND ORS .

1997 INSC 79Dismissed

Bharat Ram Meena, a Munsiff/Judicial Magistrate, challenged adverse remarks recorded in his 1990 Annual Confidential Report (ACR) that questioned his integrity, impartiality, and conduct. The remarks were based on allegations of unauthorized absences during election duties and alleged manipulation …

SUNIL KUMARversusSTATE OF MADHYA PRADESH

1997 INSC 74Dismissed

The appellants, involved in a land dispute, attacked Dayashankar and his brother Ramesh, dismembering the former and severely injuring the latter. Ramesh (PW‑1) survived, narrated the incident to his mother (PW‑2) and nephew (PW‑3), and later gave a statement to the police and a dying declaration to …

HIKMAT ALI KHANversusISHWAR PRASAD ARYA AND ORS.

1997 INSC 76Appeal(s) allowed

Ishwar Prasad Arya, a practising advocate, was convicted under Section 307 of the Indian Penal Code for assaulting an opponent with a knife in a courtroom and sentenced to three years' rigorous imprisonment. The State Bar Council suspended him from practice for three years under Section 35 of the …

PRAMOD KUMAR MANTRI AND ANR.versusSTATE OF ORISSA

1997 INSC 64Appeal(s) allowed

The State alleged that on 28 May 1988 three accused entered the house of the deceased Bauribandhu, assaulted him and dragged his body outside, leading to charges under Section 302 read with Section 149 IPC. The trial court convicted the appellants under Section 302 read with Section 34 IPC, and two …

KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.

1997 INSC 52Dismissed

The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed …

STATE OF RAJASTHANversusBHUP RAM

1997 INSC 16

The State of Rajasthan appealed the acquittal of Bhup Singh, who was convicted of murdering his wife, Chawli, based on her dying declaration and ballistic evidence. The High Court had set aside the conviction, holding that the dying declaration was invalid because it was recorded in Hindi rather …

STATE OF RAIASTHANversusANI @ HANIF AND ORS.

1997 INSC 17Appeal(s) allowed

The Supreme Court examined an appeal by the State of Rajasthan against the acquittal of six accused in a double murder case. The trial judge had interjected during the cross‑examination of an injured eyewitness (PW‑3) to clarify a confusion, which the High Court held improper. The Supreme Court held …

C.K. DAMODARAN NAIRversusGOVT. OF INDIA

1997 INSC 11Dismissed

The appellant, a Provident Fund Inspector, was tried for accepting a bribe to exempt a hospital from statutory provident‑fund contributions under Section 161 of the IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Special Judge acquitted him, but the …

NATHUNI YADAV AND ORSversusSTATE OF BIHAR AND ANR

1996 INSC 1529Dismissed

The appellants were convicted of murder for a shooting that occurred on an open terrace on a moonless night, where the victims and neighbours identified them as the assailants. The defence argued that darkness made identification impossible and that there was no discernible motive. The Supreme Court …

NET RAJ SINGHversusSTATE OF M.P.

1996 INSC 1515Appeal(s) allowed

The appellant Netraj was arrested after a silver todal, allegedly stolen during a dacoity that also involved the murder of a woman, was recovered from him two days after the incident. He was convicted under Section 396 of the Indian Penal Code for dacoity with murder and sentenced to death, later …

D.K. BASUversusSTATE OF WEST BENGAL

1996 INSC 1508Disposed off

The Supreme Court entertained a public‑interest writ petition filed after media reports of deaths and torture in police lock‑ups, seeking guidelines for preventing custodial violence and for awarding compensation to victims or their families. The Court held that torture, rape and death in police …

SMT. RASHMI KUMARversusMARESH KUMAR BHADA

1996 INSC 1507Appeal(s) allowed

The wife, Rashmi Kumar, married under Hindu rites, received jewellery, cash and household goods as stridhana from her family and entrusted them to her husband for safekeeping. After being driven out of the matrimonial home, she demanded the return of the stridhana on 5‑December‑1987, which the …

MAHENDRA RAIversusMITHILESH RAI AND ORS.

1996 INSC 1485Appeal(s) allowed

The Supreme Court examined the murder of 12‑year‑old Arun Rai, alleged to have arisen from a dispute over the price of milk. The trial court convicted Mithilesh Rai (Sec.302 IPC, death sentence) and Madan Rai (Sec.302 read with Sec.109 IPC, life imprisonment); Raj Naresh Rai was acquitted. On …

STATE OF U.P.versusRAGHUBIR SINGH

1996 INSC 1486Appeal(s) allowed

The State of U.P. appealed against the Allahabad High Court’s acquittal of Raghubir Singh (A‑2) in a murder‑kidnapping case involving the death of a six‑year‑old boy, Ashok. The trial court had convicted both accused, Manpal Singh (A‑1) and Raghubir Singh, under IPC sections 364, 302 and 34 based on …

RATTAN SINGHversusSTATE OF HIMACHAL PRADESH

1996 INSC 1467Dismissed

The appellant, a former army man, was convicted of murdering Kanta Devi, who was shot in her courtyard at night. The deceased, moments before being shot, shouted that the appellant was standing with a gun. The gun was later found near the body. The appellant appealed, arguing that the omission in …

BALARAM PRASAD AGRAWALversusSTATE OF BIHAR & ORS.

1996 INSC 1456Appeal(s) allowed

The appellant, father of Kiran Devi, alleged that his daughter was subjected to continuous cruelty by her husband, mother‑in‑law and brother‑in‑law, culminating in her suicide by jumping into a well. The trial court acquitted the accused of murder (Sec. 302) and the High Court upheld that acquittal. …

DR. BALJIT SINGHversusSTATE OF HARYANA

1996 INSC 1450Dismissed

Dr. Baljit Singh, a H.C.M.S.-II officer, gave a three‑month notice of voluntary retirement under Rule 5.32(b) of the Punjab Civil Service Rules on 20 September 1993 and handed over his charge on 11 February 1994 without the government's acceptance. The Government declined to accept his retirement …

JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1436Dismissed

Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on …

MOHMEDRAFIZ HUSENMIYA THAKOR AND ORS.versusSTATE OF GUJARAT

1996 INSC 1432Appeal(s) allowed

The case involved the murder of Girishbhai, a VHP secretary, for which 63 persons were charged under Section 302 IPC and Sections 3 and 4 of the TADA Act. Nine appellants were convicted by the designated court based largely on eye‑witness identification. On appeal, the Supreme Court examined the …

SHARAFA THUSSAIN ABDULRAHAMAN SHAIKH AND ORS.versusSTATE OF GUJARAT AND ANR.

1996 INSC 1381Appeal(s) allowed

Four accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act, the Indian Penal Code and the Explosive Substances Act on the basis of confessional statements recorded by a Superintendent of Police under Section 15 of TADA. The police officer failed to furnish the …

AHMAD UMAR SAEED SHEIKHversusSTATE OF UTTAR PRADESH

1996 INSC 1364Dismissed

The appellant, Ahmad Umar Saeed Sheikh, was charged under IPC sections 307, 332, 427, the Foreigners Act, and TADA sections 3 and 4. He contended that the FIR, lodged on a Sub‑Inspector's complaint, was invalid because it was recorded without the prior approval of the District Superintendent of …

HARDEV SINGHversusHARBHEJ SINGH AND ORS.

1996 INSC 1353Appeal(s) allowed

The case concerned a violent assault on 23 May 1985 in which six accused, armed with a double‑barrel gun, gandhalis, kirpans and gandasas, attacked two men (Harbhajan Singh and Baldev Singh) and injured a third witness (Suba Singh). The trial court convicted four of the accused and acquitted two; …

CHINNAMALversusSTATE OF TAMIL NADU AND ORS.

1996 INSC 1357Disposed off

Six accused were convicted under IPC sections 147, 148, 307 and 302 for a homicide. The Madras High Court set aside the convictions, acquitting them on the ground that the appellant's statement recorded under Section 164 of the CrPC (initially a dying declaration) materially contradicted the FIR …

GAJANANversusSTATE OF MAHARASHTRA

1996 INSC 1358Appeal(s) allowed

Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the …

STATE OF ANDHRA PRADESHversusGANGULA SATYA MURTHY

1996 INSC 1340Appeal(s) allowed

The State of Andhra Pradesh prosecuted Gangula Satya Murthy for raping and throttling to death a 16‑year‑old girl, Satya Vani, whose body was found on a cot in his house. The trial court convicted him under IPC sections 302 and 376, relying on medical evidence of ante‑mortem neck injuries, a fresh …

ASHOK YADAV AND ORS.versusSTATE OF MADHYA PRADESH

1996 INSC 1341Appeal(s) allowed

The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim …

THE STATE OF PUNJABversusSARWAN SINGH

1996 INSC 1342Appeal(s) allowed

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana …

CHANDRASWAMI AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION

1996 INSC 1301Disposed off

The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered …

SEWA KAURversusSTATE OF PUNJAB

1996 INSC 1307Dismissed

Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of …

VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.

1996 INSC 1299Dismissed

V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and …

IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.

1996 INSC 1283Disposed off

Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him …

S.K. NAIRversusSTATE OF PUNJAB

1996 INSC 1285Dismissed

The appellant, an army personnel, was convicted of murder and causing injuries with a khukri in a barracks. He appealed, asserting that he was a diagnosed paranoid and therefore incapable of understanding his acts, seeking protection under Section 84 of the Indian Penal Code. The Supreme Court …

STATE OF MADHYA PRADESHversusDHIRENDRA KUMAR

1996 INSC 1286Appeal(s) allowed

The State of Madhya Pradesh prosecuted Dhirendra Kumar for the murder of Munibai, alleging motive stemming from an 'evil eye' and supported by eye‑witness testimony, a dying declaration, and the recovery of the murder weapon, a revolver stolen from the police malkhana. The trial court convicted …

COMMON CAUSE A REGD. SOCIETYversusUNION OF INDIA AND ORS.

1996 INSC 1274

The Supreme Court examined the arbitrary allotment of fifteen petrol pumps by the then Minister of Petroleum, Capt. Satish Sharma, finding that the allocations were made without any official application, advertisement, or criteria, and favoured relatives and associates, thereby violating Article 14 …

DR. MAHAK SINGHversusCHANCELLOR, CH. CHARAN SINGH UNIVERSITY, MEERUT AND ORS.

1996 INSC 1259Dismissed

Three senior lecturers (Dr. Mahak Singh, Dr. S.P. Singh and Dr. Rajvir Singh) of a college affiliated to Meerut University contested who should be appointed Acting Principal after the principal’s vacancy in October 1993. All were senior lecturers drawing the same salary, but their dates of promotion …

BINAY KUMAR SINGHversusTHE STATE OF BIHAR

1996 INSC 1260Dismissed

The case arose from a 1980 massacre in Paras Bigha, Bihar, where 13 people were killed and many injured. The appellants were convicted under Sections 302 and 149 of the IPC for participation in an unlawful assembly. They challenged the conviction on several grounds, including that the FIR should …