advocatemmmohan

My photo

ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

WELCOME TO LEGAL WORLD

WELCOME TO MY LEGAL WORLD - FOR KNOWLEDGE IN LAW & FOR LEGAL OPINIONS - SHARE THIS

Thursday, June 19, 2014

Acquittal -No consistence with Medical evidence - Scene of offence not clear - Blood stained Earth not sent for chemical examination - weapons not recovered - The ocular witnesses namely PWs 1 to 3 are interested and inimical witnesses and in their testimonies they have not stated as to how the appellants/accused mentioned above sustained 12 injuries during the occurrence and they are lying on a most material point, and therefore, their evidence is unreliable and further their ocular testimony with respect to the assault is inconsistent with the medical evidence and the weapons of offence were not recovered and situs of the assault was also not fixed and so the prosecution has failed to prove the case against appellants beyond reasonable doubt and the conviction and sentence imposed on the appellants are liable to be set aside.= Ganesh Datt .. Appellant(s) versus State of Uttarakhand .. Respondent(s)= 2014 (June .Part ) http://judis.nic.in/supremecourt/filename=41572

Acquittal -No consistence with Medical evidence - Scene of offence not clear - Blood stained Earth not sent for chemical examination - weapons not recovered - The ocular witnesses namely PWs 1 to 3 are interested and inimical witnesses and in their testimonies they have not stated as to how the appellants/accused mentioned above sustained 12 injuries during the occurrence and they are lying on a most material point, and therefore, their evidence is unreliable and further their ocular testimony with respect to the assault is inconsistent with the medical evidence and the weapons of offence were not recovered and situs of the assault was also not fixed and so the prosecution has failed to prove the case against appellants beyond reasonable doubt and the conviction and sentence imposed on the appellants are liable to be set aside.=

The situs of attack is also alleged to be not
established by the prosecution. 
In the First
Information Report the complainant PW3 Ram
Lakhan has stated that he and his sons were sitting
in their flour mill and were chatting at about 6.00
a.m. when the assailants came and attacked them.

In the testimony, 
PW1 Bali Raj has stated that they
were sitting in front of their house when the assault
took place. 
PW2 Moti Lal has testified that the attack
did not occur on flour mill but occurred in the
22
verandah of house of Prabhunath. 
PW3 Ram Lakhan
has testified that the place of occurrence is about 50
steps away from the flour mill. 
Thus there is
inconsistency about the place of occurrence in their
testimonies and a doubt creeps in. 
Though
blood-stained earth was claimed to have been seized
from the occurrence place by the Investigating Officer
PW7 Surender Singh, it was not sent for chemical
examination which could have fixed the situs of the
assault. 
In almost all criminal cases the
blood-stained earth found from the place of
occurrence is invariably sent to the chemical
examination and the report along with the earth is
produced in the Court and yet this is one exceptional
case where this procedure was departed from for
reasons best known to the prosecution.
20. We are of the considered view that the prosecution
has failed to prove the guilt of the appellants beyond
reasonable doubt, and therefore, they are entitled to
be acquitted.23
21. In the result Criminal Appeal No.1881 of 2011 is
allowed and the conviction and sentence imposed on
appellant-Ganesh Datt are set aside and he is
acquitted of the charges and he is directed to be set
at liberty unless wanted in connection with any other
case. Criminal Appeal No. 1884 of 2011 in respect
of appellant Jagdish stands abated. As far as other
appellants namely, Sudarshan Verma, Deep Narain
and Rajendra are concerned, the said appeal is
allowed and the conviction and sentence imposed on
them are set aside and they are acquitted of the
charges and they are directed to be set at liberty
unless wanted in any other case. 

2014 (June .Part ) http://judis.nic.in/supremecourt/filename=41572
JAGDISH SINGH KHEHAR, C. NAGAPPAN
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1881 of 2011
Ganesh Datt .. Appellant(s)
versus
State of Uttarakhand .. Respondent(s)
With
CRIMINAL APPEAL NO. 1884 OF 2011
J U D G M E N T
C. NAGAPPAN, J.
1. Both the appeals are preferred against the judgment
and order dated 22.12.2010 passed by the High Court
of Uttarakhand at Nainital in Criminal Appeal No.927
of 2001.
2. The appellants 1 to 4 in Criminal Appeal No. 1884 of
2011, Sudarshan Verma, Jagdish, Deep Narain and
Rajendra were accused Nos. 1 to 4 and the appellant2
Ganesh Datt in Criminal Appeal No.1881 of 2011 was
accused No.5 in Sessions Trial case No.109 of 1990 on
the file of Vth Additional Sessions Judge, Nainital and
were tried for the charges under Sections 147, 148, 302
read with 149, 307 read with 149 and Section 324 read
with 149 IPC, and the Trial Court convicted and
sentenced each of them to undergo life imprisonment
under Section 302/149 IPC; Rigorous Imprisonment for
a period of 7 years under Section 307/149 IPC;
Rigorous Imprisonment for a period of one year under
Section 324/149 IPC, Rigorous Imprisonment for a
period of six months under Section 147 IPC and
Rigorous Imprisonment for a period of one year under
Section 148 IPC. Challenging the conviction and
sentence they preferred Criminal Appeal No.927 of
2001 and the High Court of Uttarakhand at Nainital
dismissed the appeal. Aggrieved by the same they have
preferred the present appeals.
3. Shorn of unnecessary details the case of the
prosecution is as follows : PW1 Bali Raj, PW2 Moti Lal
deceased Prabhunath and Raj Bali are sons of PW33
Ram Lakhan. On 26.8.1989 at about 6.00 a.m. they
along with servant Bahadur, were sitting in the
verandah of the house of Prabhunath and at that time
accused persons Sudarshan Varma armed with country
made pistol, Deep Narain armed with gun, Jagdish
armed with axe (Farsa), Rajendra and Ganesh Datt
armed with lathis came there and accused Sudarshan
shouted to kill them today itself and by so saying he
fired at Prabhunath with pistol and accused Deep
Narain fired gunshots at PW2 Motilal and Raj Bali and
accused Jagdish attacked PW2 Motilal with axe on
neck which he defended by left hand resulting in
injuries and accused Rajendra and Ganesh attacked
them with lathis. On the sound of fire and shouting
the villagers came there and accused fled away.
4. Accused Sudarshan who was then the village Pradhan
went to the Police Station Rudrapur and lodged a First
Information Report against Prabhunath, Motilal and
Bali Raj at 7.25 a.m. on 26.8.1989 and a case was
registered as Crime No. 583 of 1989 for the alleged
offences under Sections 307 and 324 IPC. PW3 Ram4
Lakhan took the injured Prabhunath, PW2 Moti Lal and
Raj Bali to the Police Station Rudrapur and lodged a
First Information Report at 8.10 a.m. on the same day
against accused Sudarshan, Jagdish, Deep Narain,
Rajendra and Ganesh Datt, on which a case was
registered as Crime No.583-A for the alleged offences
under Section 147, 148, 149, 307, 324 and 323 IPC
and the injured were sent to hospital.
5. PW6 Dr. A.K. Rana, Medical Officer in Jawahar Lal
Hospital Rudrapur examined Prabhunath at 9.40 a.m.
on 26.8.1989 in the hospital and found the following
injuries:
 “i) An abrasion 4 cm x 4 cm on top of head 12
cm from left ear lobe. Fresh bleeding present.
ii) A contusion 15 cm x 10 cm on left jaw with
multiple punctured wound on whole surface.
Advised X-ray skull. Fresh bleeding present.
Punctured wound size 0.5 cm x 0.25 cm x not
probed (depth) with margins inverted.
iii) A contusion 15 cm x 20 cm on left side of
whole neck with multiple punctured wounds5
measuring 0.25 cm x 0.25cm x not probed
(depth) with margins of wound inverted. Advised
X-ray neck and left shoulder. Fresh bleeding
present.
iv) An incised wound 7 cm x 5 cm x muscle
deep on left upper arm, 4 cm above top of left
elbow. Fresh bleeding present.
v) An incised wound 5 cm x 5 cm bone deep on
tip of left elbow extending upwards. Fresh
bleeding present.
vi) An incised wound 5 cm x 2 cm x muscle
deep on left side bone of middle finger. Fresh
bleeding present.”
He opined in his report Exh.A8 that injury No.1
was simple and could have been caused by any hard
object; injury Nos. 4, 5 and 6 could have been caused
by some sharp edged weapon and injury No.2 and 3
were kept under observation and general condition of
the injured was very serious.6
 PW6 Dr. A.K. Rana examined PW2 Moti Lal at
9.45 a.m. in the hospital on 26.8.1989 and found the
following injuries:
i) A contusion 6 cm x 4 cm on right side of
forehead at hairline with a puncture wound
0.25 cm x 0.25 cm x not probed (depth) Fresh
bleeding present Advised X-ray skull.
ii) A contusion 4 cm x 3 cm just below left eyelid
with a puncture wound 0.25 cm x 0.25 cm x
not probed (depth) in its middle, wound
margins inverted. Advised X-ray skull. Fresh
bleeding .
iii) Multiple punctured wounds 0.25 cm x 0.25 cm
x not probed (depth) on right side of chest
frontal aspect and left side chest. Fresh
bleeding present. Advised X-ray of chest.
iv) A punctured wound 0.25 cm x 0.25 cm X not
probed (depth) on right forearm anterior aspect.
Advised X-ray forearm. Fresh bleeding.
v) A punctured wound 0.25 cm x 0.25 cm x not
probed (depth) on right base of thumb, wound7
margins inverted. Fresh bleeding present.
Advised X –ray right hand.
vi) An incised wound 7 cm x 5 cm x muscle deep
on right side forearm on upper and proximal ½
part. Fresh bleeding present”
He opined that injury Nos. 1 to 5 were kept under
observation and they were fresh and injury nos.6 was
simple and could have been caused by a sharp edged
weapon.
PW6 Dr. A.K. Rana examined Raj Bali at 9.50 a.m.
in the hospital and found a contusion 6 cm x 4 cm on
lower side of left eye and opined that the injury was
simple in nature.
6. PW7 Sub-Inspector Surender Singh took up the
investigation and visited Jawahar Lal Nehru Hospital
on 26.8.1989 and after coming to know the death of
Prabhunath in the hospital on the same day altered
the offence to one under Section 302 IPC and
examined PW2 Motilal and Rajbali in the hospital on
the same day. He conducted inquest and recorded8
the statement of Panchas and complainant. He gave
the requisition for post-mortem.
7. PW4 Dr. S.M. Pant conducted post-mortem at 2.30
p.m. on 27.8.1989 and found the following injuries:
i) Lacerated wound 2 cm x ½ cm x scalp deep on
the head, 11 cm above left eyebrow.
ii) Multiple abrasions in an area of 30 cm x 10 cm
of sizes 0.25 cm to 0.5 cm from left side of
face, left side of neck and left upper chest. All
injuries painted with some red coloured
medicine.
iii) Contusion in an area 10 cm x 8 cm around left
nipple.
iv) Contusion right side of abdomen 12 cm x 15
cm area. 3 cm right to naval.
v) Stitched wound with two stitches 4 cm long on
the porterior aspect of left upper arm, 1 cm
from elbow joint.
vi) Stitched wound with 3 stitches 5 cm long, 5
cm above injury No.(v)9
vii) Lacerated wound 1.5 cm x muscle deep on left
middle finger proximal phalanx painted with
medicine.
viii) Lacerated wound 1 cm x muscle deep on the
middle phalanx of index finger.”
He opined in the autopsy report that the deceased
had died of shock and haemorrhage as a result of
ante mortem injuries.
8. PW7 Sub-Inspector Surender Singh went to the
occurrence place and prepared site-plan and seized
blood-stained soil and sample soil in the presence of
witnesses. He also seized 10 bullets of 12 bore from
the occurrence place out of which 4 were emptied
and 6 were live, by preparing a Memo. He examined
the wife of the deceased Smt. Raj Kumari on
27.8.1989 and recorded her statement. Thereafter
PW5 Inspector Vijender Kumar Bhardwaj continued
the investigation and recorded the statements of
other witnesses including the seizure witnesses and
completed the investigation, filed charge sheet
against the accused and it was taken on file in10
Sessions Trial Case No.109 of 1990 on the file of Vth
Additional Sessions Judge.
9. In the cross case, final report came to be filed and it
was taken on file in Sessions Trial No.177 of 1990 on
the file of the same Court. Both the cases were tried
by the same Court. In the case of Sessions Trial
No.109 of 1990, prosecution witnesses PWs 1 to 7
were examined and documents in Exh.A1 to A17
were marked and wife of the deceased Raj Kumari
was examined as CW-1. The trial court in Sessions
Trial No.109 of 1990 found all the five accused guilty
of the charges framed against them and sentenced
them as mentioned above. The appeal preferred
came to be dismissed and that is now appealed
against. At the same time the trial court in the cross
case in Sessions Trial No.177 of 1990 found that
Sudarshan Verma and his associates were
aggressors and acquitted accused Motilal and Bali
Raj of the charges framed against them. Challenging
the acquittal the State preferred Government Appeal
No.2017 of 2001 and the complainant Sudarshan11
Verma independently challenged the acquittal by
preferring Criminal Revision No.92 of 2001 and the
High Court after hearing all the matters together
dismissed both the Government appeal as well as
Criminal Revision, by a common judgment and it has
become final since there was no further challenge.
10. Mr. Mukesh K. Giri, learned Additional Advocate
General appearing for the respondent State submits
on instructions that 2nd appellant Jagdish in Criminal
Appeal No.1884 of 2011 died on 9.1.2012 while
undergoing the sentence in jail. Submission is
recorded. The appeal insofar as he is concerned
stands abated.
11. The learned senior counsel appearing for the
appellants strenuously contended that appellant
Sudarshan Verma suffered 19 injuries and appellant
Deep Narain also suffered injuries in the occurrence.
The ocular witnesses namely PWs 1 to 3 are
interested and inimical witnesses and in their
testimonies they have not stated as to how the
appellants/accused mentioned above sustained12
injuries during the occurrence and they are lying on
a most material point, and therefore, their evidence is
unreliable and further their ocular testimony with
respect to the assault is inconsistent with the
medical evidence and the weapons of offence were not
recovered and situs of the assault was also not fixed
and so the prosecution has failed to prove the case
against appellants beyond reasonable doubt and the
conviction and sentence imposed on the appellants
are liable to be set aside.
12. Per contra learned Additional Advocate General
appearing for the respondent State contended that
the injuries on the person of appellants/accused are
not very grievous in nature and the ocular evidence is
clear, cogent and non explanation of the injuries on
the appellants/accused ipso-facto cannot be the
basis to discard the prosecution case and the
conviction and sentence imposed on the appellants
are sustainable.
13. The prosecution case is that the appellants armed
with dangerous weapons came and attacked PW3
13
Ram Lakhan and his sons resulting in the death of
Prabhunath and injuries to PW2 Moti Lal. The
prosecution examined PW1 Bali Raj, PW2 Moti Lal
and their father PW3 Ram Lakhan as having
witnessed the occurrence. They have testified that on
26.8.1989 at about 6.00 a.m., when they were sitting
in front of their house accused persons Sudarshan
armed with country made pistol, Deep Narain with a
gun, Jagdish with axe, Rajendra and Ganesh Datt
with lathies, came there and Sudarshan shouted to
kill them today by so saying he and Deep Narain fired
shots at Prabhunath and PW2 Moti Lal and Jagdish
tried to attack on the neck of PW2 Moti Lal with axe
which he defended by his left hand resulting in
injuries and Rajendra and Ganesh Datt attacked
them with lathis. On hearing the sound of firing and
shouting villagers gathered there and accused fled
away. PW3 Ram Lakhan took his injured sons
Prabhunath and PW2 Moti Lal to Police Station
Rudrapur and lodged complaint and the injured were
admitted in Jawahar Lal Nehru Hospital. PW614
Dr.A.K. Rana examined injured Prabhunath at 9.40
a.m. on 26.8.1989 and found 3 incised wounds on
the left arm, 2 contusions with multiple puncture
wounds on neck and left shoulder and an abrasion
on the top of head. He directed to take x-ray of head,
neck and left shoulder and found the general
condition of the injured very serious. He opined that
the incised wounds were simple and could have been
caused by any sharp edged weapon and the abrasion
was simple and could have been caused by any hard
object. He has not expressed any opinion with regard
to contusions since they were kept under
observation. He also examined PW2 Moti Lal at 9.45
a.m. in the same hospital and found 2 contusions; on
the forehead and below left eye-lid, punctured
wounds on chest and right arm and an incised
wound on right fore-arm and opined that the injuries
were simple in nature. Prabhunath died on 26.8.1989
itself in the hospital. PW 4 Dr. S.M. Pant conducted
autopsy and found the same injuries mentioned
above and opined that the deceased had died of15
shock and haemorrhage as a result of ante mortem
injuries and further observed that the death has
occurred a day before and there was no fire arm
injury. Exh. A-8 is the autopsy report. From the
above it is clear that Prabhunath died of injuries
sustained during the occurrence.
14. The eye-witnesses namely PWs 1 to 3 and CW-1
Smt. Raj Kumari, widow of deceased Prabhunath
have testified that accused Sudarshan and accused
Deep Narain fired shots with pistol and gun
respectively at Prabhunath during the occurrence
resulting in injuries but as per the medical evidence
there was no gun shot injury found on any part of the
body of Prabhunath. Thus in short, the deceased
Prabhunath is concerned the ocular evidence is
totally inconsistent with the medical evidence with
respect to assault by accused Sudarshan and Deep
Narain. If this matter is false, there is no guarantee
that the other assault deposed to by the
eye-witnesses was also not false.16
15. As per the ocular testimony the weapons used in
the occurrence are country made pistol, gun, axe and
lathis. In his testimony PW7 Sub-Inspector Surender
Singh has stated that he went to the occurrence
place during investigation and seized 10 bullets of 12
bore from the spot out of which 4 were empty and 6
were live, under Exh. A-16 Memo. Initial investigation
was done by PW7 Sub-Inspector Surender Singh and
thereafter it was continued and concluded by PW5
Inspector Vijender Kumar Bhardwaj. They have not
taken any steps to recover the weapons alleged to
have been used in the occurrence. No scientific
method of investigation was pressed into service. We
did not find any explanation in the testimonies of the
Investigating Officers in this regard. The lethargic
attitude of the officers conducting investigation is
deplorable.
16. It is contended that the appellant/accused
Sudarshan sustained extensive injuries and
appellant Deep Narain was also injured during the
occurrence. In the cross-case Dr. J.P. Arora has17
testified that he examined Sudarshan at 7.30 a.m.
on 26.8.1989 at Jawahar Lal Nehru Hospital,
Rudrapur and found the following injuries on his
body :
 “i) Incised wound 4 cm x 0.5 x scalp deep on left
side of head parietal region 11 cm left from ear.
Blood oozing present. Intervening tissues clean
cut.
ii) Incised wound 2 cm x 0.25 cm x scalp deep on
left side head, 7.5 cm above left ear. Blood
oozing present. Intervening tissues clean cut.
iii) Incised wound 5 cm x 2 x scalp deep on right
side of forehead, ½ cm above right eyebrow.
Intervening tissues clean cut. Blood oozing
present.
iv) Incised wound 4 cm x ½ x skin deep on right
check, 3 cm in front of left ear. Intervening
tissues clean cut. Blood oozing present.
v) Incised wound 4 cm x 0.2 x scalp deep on left
side of head, 6 cm above right eyebrow.
vi) Abrated contusion ½ cm x ½ cm on right side
of face, 4 cm away from right eye outer angle.
vii) Abrated contusion 5 cm x ½ cm on front of neck
left side, 3 cm above right clavicle.
viii) Incised wound 2 cm x 0.2 cm x bone deep on
front of left little finger, 4 cm above root of
finger. Intervening tissues clean cur. Blood
oozing present.
ix) Incised wound 2 cm x 0.2 cm x bone deep on
front of left ring finger, 3.5 cm above base.18
Intervening tissues clean cut. Blood oozing
present.
x) Incised wound 1 cm x 0.2 cm x skin deep on
front of tip of left ring finger. Also blood oozing.
Intervening tissues clean cut.
xi) Incised wound 3.75 cm x 0.25 cm x bone deep
on ground of left middle finger, oblique 4.5 cm
above base of finger. Intervening tissues clean
cut. Blood oozing present.
xii) Incised wound 4.5 cm x ½ cm x bone deep on
front of left index finger. Oblique. Intervening
tissues clean cut. Blood oozing present.
xiii) Incised wound 4 cm x 0.2 cm x bone deep on
outer side of left hand, 2 cm above index finger,
intervening tissues clean cut.
xiv) Incised wound 2 cm x 0.2 cm x skin deep –
inner side left thumb, root, intervening tissues
clean cut. Blood oozing present.
xv) Two lacerated wound each size 2 cm x ¾ cm x
depth went to deeper tissue and ½ cm x ½ cm x
depth went to deeper tissue, ½ cm apart from
each other. Blood oozing. On right scapular
region upper part, in area of 8 cm x 3 cm.
xvi) Abrasion 2 cm x 1 cm on right scapular region,
3.5 cm inner to injury No. (xv)
xvii) Abrasion 1.5 cm x 1 cm on outside of right
shoulder
xviii) Abrasion 1.5 cm x 1 cm on back of right arm, 8
cm below armpit.
xix) Abrasion 1 cm x ½ cm on right side of chest on
back side and below the hair of 4.5 cm19
He has opined that all the injuries were fresh and injury
Nos. 1,2,3,5, 8 to 14 and 15 to 19, were kept under
observation and rest of the injuries were simple. He has
also testified that he examined Deep Narain at 9.15 a.m.
on the same day at the hospital and found lacerated
wound 1.25 cm x 0.5 cm x bone deep transverse over right
eye brow. Afterwards he has expressed opinion that injury
Nos.1 to 5 and 8 to 14 found on Sudarshan could have
been caused by sword.
17. In the trial, in examination-in-chief PW1 Bali Raj,
did not state anything about the injuries on
Sudarshan and Deep Narain. In the
cross-examination he has testified that Sudarshan
Verma and Deep Narain did not suffer any injury
during the occurrence and further stated that 16-17
days prior to occurrence Sudarshan Verma suffered
injuries in a jeep accident. This testimony cannot be
true for the reason that Dr. Arora has examined him
in the hospital on the occurrence day and has found
injuries which were fresh on his body. PW2 Moti Lal
in his examination-in-chief did not state anything
20
about the injuries on the accused. In the
cross-examination he has stated that during the
occurrence accused Sudarshan Verma snatched the
axe from the hands of accused Jagdish and his hand
was injured during snatching process and an injury
was also caused near the eyes by the axe. He has
also stated that he did not see whether any injury
was caused to Deep Narain during the occurrence. It
is his further testimony that he is mentioning above
for the first time before the Court. It is needless to
say that no reliance can be placed on such a
testimony. In the same way PW3 Ram Lakhan has
not stated anything about the injuries of the accused
in his testimony-in-chief. In the cross-examination he
has stated that he did not see accused Sudarshan
suffering any injury during the occurrence.
18. In Babulal Bhagwan Khandare and another vs.
State of Maharashtra [(2005) 10 SCC 404] this
Court held:
“Non-explanation of the injuries sustained by
the accused at about the time of occurrence or21
in the course of altercation is a very important
circumstance.”
The eye-witnesses who deny the presence of injuries on
the person of the accused are lying on most material point,
and therefore, their evidence is unreliable. It assumes
much greater importance where the evidence consists of
interested or inimical witnesses. In the present case
admittedly there was enmity between the accused family
and the deceased family and PWs 1 to 3 are interested as
well as inimical witnesses and their denial of injuries on
the person of accused, makes their evidence unreliable.
19. The situs of attack is also alleged to be not
established by the prosecution. In the First
Information Report the complainant PW3 Ram
Lakhan has stated that he and his sons were sitting
in their flour mill and were chatting at about 6.00
a.m. when the assailants came and attacked them.
In the testimony, PW1 Bali Raj has stated that they
were sitting in front of their house when the assault
took place. PW2 Moti Lal has testified that the attack
did not occur on flour mill but occurred in the22
verandah of house of Prabhunath. PW3 Ram Lakhan
has testified that the place of occurrence is about 50
steps away from the flour mill. Thus there is
inconsistency about the place of occurrence in their
testimonies and a doubt creeps in. Though
blood-stained earth was claimed to have been seized
from the occurrence place by the Investigating Officer
PW7 Surender Singh, it was not sent for chemical
examination which could have fixed the situs of the
assault. In almost all criminal cases the
blood-stained earth found from the place of
occurrence is invariably sent to the chemical
examination and the report along with the earth is
produced in the Court and yet this is one exceptional
case where this procedure was departed from for
reasons best known to the prosecution.
20. We are of the considered view that the prosecution
has failed to prove the guilt of the appellants beyond
reasonable doubt, and therefore, they are entitled to
be acquitted.23
21. In the result Criminal Appeal No.1881 of 2011 is
allowed and the conviction and sentence imposed on
appellant-Ganesh Datt are set aside and he is
acquitted of the charges and he is directed to be set
at liberty unless wanted in connection with any other
case. Criminal Appeal No. 1884 of 2011 in respect
of appellant Jagdish stands abated. As far as other
appellants namely, Sudarshan Verma, Deep Narain
and Rajendra are concerned, the said appeal is
allowed and the conviction and sentence imposed on
them are set aside and they are acquitted of the
charges and they are directed to be set at liberty
unless wanted in any other case. 
……………………………J.
(Jagdish Singh Khehar)
……………………………J.
(C. Nagappan)
New Delhi;
June 11, 201424
ITEM NO.1A COURT NO.3 SECTION II
 S U P R E M E C O U R T O F I N D I A
 RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1881/2011
GANESH DATT Appellant(s)
 VERSUS
STATE OF UTTARAKHAND Respondents(s)
WITH
Crl.A. No. 1884/2011
HEARD BY HON'BLE JAGDISH SINGH KHEHAR AND HON'BLE
C.NAGAPPAN, JJ.
Date: 11/06/2014 These appeals were called on for judgment
 today.
For Appellant(s) Mr. Lakshmi Raman Singh,Adv.(Not
present)
Mr. Kaushik Poddar, Adv.(Not present)
For Respondent(s) Mr. Mukesh K. Giri, AAG
for Mr. J.K. Bhatia,Adv.(Not present)
for Mr. Abhishek Atrey,Adv.(Not Present)
Hon'ble Mr. Justice C. Nagappan pronounced the
judgment of the Bench comprising Hon'ble Mr. Justice Jagdish
Singh Khehar and His Lordship.
For the reasons recorded in the Reportable
judgment, which is placed on the file, Criminal Appeal No.
1881 of 2011 is allowed and the conviction and sentence
imposed on appellant-Ganesh Datt are set aside and he is
acquitted of the charges and he is directed to be set at
liberty unless wanted in connection with any other case.25
Criminal Appeal No. 1884 of 2011 in respect of appellant
Jagdish stands abated. As far as other appellants namely,
Sudarshan Verma, Deep Narain and Rajendra are concerned, the
said appeal is allowed and the conviction and sentence
imposed on them are set aside and they are acquitted of the
charges and they are directed to be set at liberty unless
wanted in any other case.
(PRAVEEN KUMAR CHAWLA) (PHOOLAN WATI ARORA)
 COURT MASTER ASSISTANT REGISTRAR

Wednesday, June 11, 2014

Apex court - leniency in sentence, considering the age of the first appellant Smt. Ashi Devi, in Criminal Appeal No.1022 of 2009. In the Memorandum of Appeal herein her age is mentioned as 88. As on date she is aged 93 years. The jail certificate dated 1.4.2009 states that she was admitted to Tihar Jail on 5.2.2009. This Court granted bail to her by order dated 13.5.2009. The above shows that she has undergone a part of the sentence. Considering her old age we are inclined to modify the sentence awarded to her= Ashi Devi & Ors. .. Appellant(s) versus State (NCT of Delhi) .. Respondent(s) =2014 (June .Part) http://judis.nic.in/supremecourt/filename=41571

Apex court - leniency in sentence, considering the age  of the first appellant Smt. Ashi Devi, in Criminal Appeal No.1022 of 2009. In the Memorandum of Appeal herein her age is mentioned as 88. As on date she is aged 93 years. The jail certificate dated 1.4.2009 states that she was admitted to Tihar Jail on 5.2.2009. This Court granted bail to her by order dated 13.5.2009. The above shows that she has undergone a part of the sentence. Considering her old age we are inclined to modify the sentence awarded to her=

 However, the 
learned senior counsel appearing for the appellants 
pleaded for leniency in sentence, considering the age 
of the first appellant Smt. Ashi Devi, in Criminal 
Appeal No.1022 of 2009. In the Memorandum of 
Appeal herein her age is mentioned as 88. As on date 
she is aged 93 years. The jail certificate dated 
1.4.2009 states that she was admitted to Tihar Jail on 
5.2.2009. This Court granted bail to her by order 
dated 13.5.2009. The above shows that she has 
undergone a part of the sentence. Considering her old 
age we are inclined to modify the sentence awarded 
to her
9.We accordingly direct that the sentence of 3 years rigorous 
imprisonment for the conviction under Section 379 IPC 
and one year rigorous imprisonment for the conviction 
under Section 448 IPC imposed on Appellant No.1 Smt. 
Ashi Devi shall stand reduced to the period already 10
undergone by her. The conviction and sentences 
imposed on other appellants shall remain unaltered. 
Criminal Appeal No.1022 of 2009 is thus allowed in part 
and to the extent indicated above. Criminal Appeal 
No.1023 of 2009 is dismissed.
2014 (June .Part) http://judis.nic.in/supremecourt/filename=41571
JAGDISH SINGH KHEHAR, C. NAGAPPAN
1
 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1022 OF 2009
With
CRIMINAL APPEAL NO.1023 of 2009
Ashi Devi & Ors. .. Appellant(s)
versus
State (NCT of Delhi) .. Respondent(s)
J U D G M E N T
C. NAGAPPAN, J.
1Both the appeals have been preferred against the
judgment and final order dated 23.1.2009 passed by
the High Court of Delhi at New Delhi in Criminal
Appeal No.932 of 2004.
2
2. The appellants in Criminal Appeal No.1022 of 2009 Smt.
Ashi Devi, Smt. Munni Devi and Smt. Sheela @ Lali
were accused nos.4, 8 and 10 respectively and the
appellants in Criminal Appeal No.1023 of 2009 Uday
Ram, Om Prakash, Kishan and Kishori were accused
nos.2, 5, 6 and 9 respectively in the Sessions case in
SC No.54 of 2001 on the file of Additional Sessions
Judge, New Delhi. The appellants along with three
others were tried for the charges under Sections 
147/395/448 read with Section 149 IPC and the Trial
Court found them guilty of the offence under Section 
379 read with Section 34 IPC and Section 448 read 
with Section 34 IPC and convicted and sentenced
them each to undergo 1 year rigorous imprisonment
for the offence under Section 448 IPC and to pay a fine
of Rs.1000/- each, in default to undergo simple
imprisonment for 3 months and further sentenced
each of them to undergo rigorous imprisonment for 3
years for the offence under Section 379 IPC and to pay
3
a fine of Rs.25000/- each, in default to undergo simple
imprisonment for 1 year and directed the sentence to
run concurrently. Challenging the conviction and
sentence seven accused preferred appeal in Criminal
Appeal No.932 of 2004 and the High Court dismissed
the appeal by confirming the conviction and sentence
passed by the Trial Court. Aggrieved by the same they
have preferred the present appeals.
3.The prosecution case in brief is that PW11 Smt. Prakash
Kaur and her son PW9 Jagjit Singh were running
crockery shops in premises nos. T-56 and T-57
Takriwalan, till two months prior to the riots of 1984
and the accused persons were residing in the
neighbourhood of the said shops and after the riots 
they were informed that their shops had been looted 
and some persons are occupying the same and on
20.11.1984 PW11 Smt. Prakash Kaur visited the shop
and found goods looted and the accused persons in
possession of the shops and despite her persistent
4
complaints police did not register any case and when
Jain Aggarwal Committee was constituted they filed
affidavits about the incident and on its direction a
F.I.R. was registered against accused persons in
January 1993 and charge sheet came to be filed. The
Trial Court found the accused guilty of the offences
and convicted and sentenced them as narrated above
and the appeal preferred came to be dismissed and
challenging the same the present appeals have been
filed.
4.Shri Ashok Kumar Panda, learned senior counsel
appearing for the appellants in both the appeals,
contended that there was delay of nine years in
lodging the F.I.R. and there was no ocular testimony to
the occurrence and the prosecution has not proved
the charges and the conviction and sentence imposed
on the appellants are not sustainable and liable to be
set aside. Per contra, Shri K. Radhakrishnan, senior
counsel appearing for the respondent-State,
5
contended that the occurrence took place as 
aftermath of unfortunate assassination of former 
Prime Minister Indira Gandhi by her own Sikh 
bodyguards and Sikh community became the target of 
assault and their houses and shops were ransacked 
and looted and there was large scale violence and the
Riot Commission conducted enquiry and issued
direction for registering the cases and thereafter the
F.I.R. came to be registered in the present case and
the delay has been satisfactorily explained by the
prosecution and though there is no ocular testimony
the prosecution has proved the charges by adducing
circumstantial evidence and the conviction and
sentence imposed on the accused are sustainable and
needs no interference.
5.It is known fact that there was large scale violence
targeting the Sikh community when the former Prime
Minister was assassinated by her own bodyguards in
1984. The crockery shops run by PW11 Smt. Prakash
6
Kaur and her son PW9 Jagjit Singh were also ransacked
and in spite of their complaints to the police no F.I.R.
was registered and only when Jain Aggarwal
Committee was constituted they got an opportunity to
file affidavits about the incident and direction came to
be issued for registering the F.I.R. and in the process
the delay of nine years has occurred. The Courts
below have held that the delay has been reasonably
and satisfactorily explained by the prosecution and
delay by itself cannot be a ground for disbelieving and
discarding the prosecution case. In our view also
there is satisfactory explanation which deserves
acceptance.
6.The riots spearheaded at Delhi and during vandalism the
occurrence had taken place and there is no ocular
testimony. The premises no.T-56 and T-57 belonged to
PW10 Inder Singh and his wife PW11 Smt. Prakash
Kaur and their son PW9 Jagjit Singh. They have
testified about the running of the crockery shops in
7
the said premises. PW12 Prem Kumar and PW14 Raj
Pal Khurana were dealing with wholesale business of
crockery and they have testified about supply of
crockery to M/s. Jagjit Crockery House running in the
said premises and invoice copies have also been
marked. It stands established that PW9 Jagjit Singh
and his mother PW11 Smt. Prakash Kaur were running
crockery business in the said shops.
7.It is the testimony of PW11 Smt. Prakash Kaur that she
visited the shop on 20.11.1984 and found accused
persons in occupation of the shops and when
questioned, they threatened her to go away otherwise
she would be killed. PWs 9 to 11 have filed individual
affidavits about the occurrence before the Jain
Aggarwal Committee and have also deposed in the
enquiry. Copies of the affidavits and statements are
marked as documents in the present case. Besides
PW10 Inder Singh also filed suit for possession of the
said premises against the accused and obtained a
8
decree. In fact the accused have squattered on the
property and the High Court passed order dated
8.12.2004 directing the S.H.O. to remove the accused
from the premises in terms of the order passed by the
Trial Court and after the decree of the Civil Court the 
possession was handed over to the complainants. The
Trial Court found that the accused trespassed into the 
premises by breaking open the locks and looted the 
goods and held them guilty for the offences under 
Section 379 and Section 448 IPC. The said finding is 
based on proper appreciation of evidence on record as 
rightly held by the High Court.
8.Taking advantage of the riots the appellants broke open
the locks of the shops and looted the goods and
continued to be in illegal possession of the shops for
nearly two decades. The Trial Court observed that any
lenient view against the accused persons in
sentencing shall amount to putting premium on the
crime and the High Court has reiterated the same. In
9
our view the conviction and sencence imposed on the
appellants are correct and proper. However, the 
learned senior counsel appearing for the appellants 
pleaded for leniency in sentence, considering the age 
of the first appellant Smt. Ashi Devi, in Criminal 
Appeal No.1022 of 2009. In the Memorandum of 
Appeal herein her age is mentioned as 88. As on date 
she is aged 93 years. The jail certificate dated 
1.4.2009 states that she was admitted to Tihar Jail on 
5.2.2009. This Court granted bail to her by order 
dated 13.5.2009. The above shows that she has 
undergone a part of the sentence. Considering her old 
age we are inclined to modify the sentence awarded 
to her
9.We accordingly direct that the sentence of 3 years rigorous
imprisonment for the conviction under Section 379 IPC
and one year rigorous imprisonment for the conviction
under Section 448 IPC imposed on Appellant No.1 Smt.
Ashi Devi shall stand reduced to the period already 10
undergone by her. The conviction and sentences
imposed on other appellants shall remain unaltered.
Criminal Appeal No.1022 of 2009 is thus allowed in part
and to the extent indicated above. Criminal Appeal
No.1023 of 2009 is dismissed.
…………………………….J.
(Jagdish Singh Khehar)
……………………………J.
(C. Nagappan)
New Delhi;
June 9, 2014

Friday, June 6, 2014

Sahara = (i) The prayer for modification of the terms stipulated in our order dated 26th March, 2014 granting interim bail to the contemnors is declined and the I.As to that extent dismissed. (ii) Prayer for shifting the contemnors to a guest house for continued custody and detention till they comply with the directions of this Court for their release on interim bail is also declined and the I.As dismissed to that extent (iii) Orders dated 21st November, 2013 passed by this Court and that dated 13th February, 2013 passed by SEBI restraining sale and transfer of moveable and immoveable properties held by Saharas are modified to the following extent: (a) FDs, bonds and securities held by Sahara Group of companies may be encashed by the holders thereof subject to the condition that the maturity value/sale consideration of such FDs, bonds and securities shall be deposited in the designated bank account of SEBI referred to in the earlier part of this order and details of such maturity values and sale consideration furnished to this Court on affidavit to be filed within four weeks from the date the FDs, bonds and securities are encashed, sold and/or transferred. (b) Immovable properties owned by Sahara Group of companies situated in 9 different cities mentioned in the note filed by Dr. Dhawan and extracted in the body of this order with an estimated value of Rs.2500/- crores are permitted to be sold by the companies/other entities persons in whose names such properties are held subject to the condition that such sales are not for a price lower than the estimated value indicated in the statement filed before this Court or the circle rates fixed for the area in which such properties are situated. The seller shall furnish to this Court the details of the valuation of the properties sold and the terms of sales together with a declaration that the purchasers is not a related party qua Saharas. Needless to say that upon deposit of the sale consideration the title deeds of the property shall be released by SEBI in favour of the purchaser(s). (c) The sale consideration of the properties less transaction cost and statutory dues on the same shall be deposited with the SEBI to the extent the same is necessary to make a total deposit of Rs.5,000/- crores inclusive of the maturity value and sale proceeds of the FDs, bonds and securities etc. permitted to be encashed and sold in terms of direction (iii) (a) above. The balance/excess amount of the sale consideration shall be deposited by Saharas in a separate account to be opened in a nationalised bank which deposit shall remain subject to further orders of this Court. (d) Saharas are also permitted to charge its immovable properties situated in Aamby Valley (Pune), the details whereof are given in Annexure B to IAs No.101-103, for purposes of furnishing a bank guarantee for an amount of Rs.5,000/- crores and/or for deposit of Rs.5,000/- crores if there is any shortfall despite encashment and sales permitted in terms of (iii)(a) and (iii)(b) above. (e) In modification of the orders dated 26th March, 2014, we direct that the Bank guarantees to the tune of Rs.5000/- crores shall be furnished from a nationalised bank or a scheduled bank only. Co-operative Bank Guarantees shall not suffice. (iv) In so far as sale of the three properties situated outside the country are concerned, the question is left open to be determined after the requisite documents/information is made available by Sahara in terms of our order dated 29th May, 2014. (v) Keeping in view the importance of the issues that fall for determination in these proceedings and the ramifications that the directions issued by this Court may have as also the fact that one very important order which is sought to be enforced in these proceedings was passed by a three-Judge Bench, we refer these proceedings to a three-Judge Bench to be constituted by the Hon’ble Chief Justice of India. (vi) We are further of the view that having regard to the nature of these proceedings and the stakes that are involved, we need to appoint an amicus curiae. We accordingly, request Mr. F.S. Nariman, Senior Advocate to assist the Court as an amicus curiae. Shri Nariman shall be free to associate two juniors of his choice to brief him in the matter. (vii) We direct that the Amicus curiae shall be paid his fee @ Rs.1,10,000/- per hearing while the juniors assisting him shall be paid Rs.10,000/- per person for every hearing. The amount so due shall be paid by SEBI by debit to account Saharas. =S.E.B.I. …Appellant Versus Sahara India Real Estate Corporation Ltd. = 2014 (June Part) http://judis.nic.in/supremecourt/filename=41567

 Sahara India Real Estate Corporation Limited
(SIRECL) and Sahara Housing Investment Corporation Limited
(SHICL) (hereinafter referred to as ‘Saharas’ for short) invited
and claim to have collected deposits from general public
1including cobblers, labourers, artisans and peasants in the
form of what were described as ‘Optional Fully Convertible
Debentures’ (OFCD). On a complaint received from
Professional Group of Investors Protection, SEBI found that the
mobilisation of funds under the Red Herring Prospectus (RHP)
dated 13th March, 2008 and 6th October, 2009 issued by the
two companies was not legally permissible.  By an ad interim
ex parte order dated 24th November, 2010 SEBI directed
Saharas not to offer their equity shares/OFCDS or any other
securities to the public or invite subscription in any manner
whatsoever either directly or indirectly pending further orders.
Aggrieved by the said order Saharas approached the High
Court at Bombay but the High Court not only declined to
interfere with the directions issued by SEBI but also passed a
further order on 23rd June, 2011, directing the promoter Mr.
Subrata Roy Sahara and Directors Miss Vandana Bhargava, Mr.
Ravi Shankar Dubey and Mr. Ashok Roy Choudhary of Saharas
to jointly and severely refund the amount collected by Saharas
in terms of the RHPs issued by them alongwith interest @ 15%
p.a. from the date of the receipt of the deposits till the date of
such repayment. Pursuant thereto the SEBI ordered that the
refund of the amount shall be made only in cash through
demand drafts or pay orders. The SEBI issued further
directions including a direction that Sahara Commodity
Services Corporation Limited (earlier known as SIRECL) and
SHICL shall not access the security market for raising funds till
the time the aforesaid payments are not made to the
satisfaction of the SEBI. =
2014 (June Part) http://judis.nic.in/supremecourt/filename=41567
T.S. THAKUR, A.K SIKRI
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NOs. 101-103
IN
CONTEMPT PETITIONS (C) NO.412 - 413 OF 2012
IN
CIVIL APPEALS NO. 9813 AND 9833 OF 2011
AND
CONTEMPT PETITION (C) NO.260 OF 2013
IN
CIVIL APPEAL NO.8643 OF 2012

S.E.B.I. …Appellant
Versus
Sahara India Real Estate Corporation Ltd.
 & Ors. …Respondents
J U D G M E N T
T.S. Thakur, J.
1. Sahara India Real Estate Corporation Limited
(SIRECL) and Sahara Housing Investment Corporation Limited
(SHICL) (hereinafter referred to as ‘Saharas’ for short) invited
and claim to have collected deposits from general public
1including cobblers, labourers, artisans and peasants in the
form of what were described as ‘Optional Fully Convertible
Debentures’ (OFCD). On a complaint received from
Professional Group of Investors Protection, SEBI found that the
mobilisation of funds under the Red Herring Prospectus (RHP)
dated 13th March, 2008 and 6th October, 2009 issued by the
two companies was not legally permissible.  By an ad interim
ex parte order dated 24th November, 2010 SEBI directed
Saharas not to offer their equity shares/OFCDS or any other
securities to the public or invite subscription in any manner
whatsoever either directly or indirectly pending further orders.
Aggrieved by the said order Saharas approached the High
Court at Bombay but the High Court not only declined to
interfere with the directions issued by SEBI but also passed a
further order on 23rd June, 2011, directing the promoter Mr.
Subrata Roy Sahara and Directors Miss Vandana Bhargava, Mr.
Ravi Shankar Dubey and Mr. Ashok Roy Choudhary of Saharas
to jointly and severely refund the amount collected by Saharas
in terms of the RHPs issued by them alongwith interest @ 15%
p.a. from the date of the receipt of the deposits till the date of
such repayment. Pursuant thereto the SEBI ordered that the
refund of the amount shall be made only in cash through
demand drafts or pay orders. The SEBI issued further
directions including a direction that Sahara Commodity
Services Corporation Limited (earlier known as SIRECL) and
SHICL shall not access the security market for raising funds till
the time the aforesaid payments are not made to the
satisfaction of the SEBI. 

2. Aggrieved by the order aforementioned, Saharas filed
an appeal before the Securities Appellate Tribunal (SAT) who
concurred with the view taken by the SEBI, and while affirming
the order passed by the SEBI, directed Saharas to refund the
amount collected from the investors within a period of six
weeks.
3. Appeals No.9813 and 9833 of 2011 were then
preferred by Saharas against the above orders in which this
Court by an order dated 28th November, 2011 extended the
period for making the refund upto 9th January, 2012 but finally
disposed of the appeals by an order dated 31st August, 2012.
This Court while doing so modified the order passed by the
SEBI and the SAT and directed Saharas to deposit with the
SEBI the amount collected by them through their RHPs
together with interest @ 15% p.a. within a period of three
months. The amount when deposited was directed to be
invested in a nationalised bank to earn interest. Saharas were
also directed to furnish details with supporting documents to
establish whether they had refunded any amount to the
investors who had subscribed through the RHPs in question.
SEBI was then to examine the correctness of the details so
furnished.Failure to prove the refund of the amount by
Saharas had to give rise to an inference that Saharas had not
refunded the amount to the real and genuine subscribers as
directed by the SEBI.

4. It is common ground that directions issued by this
Court by its order dated 31st August, 2012 were not complied
with. Instead Appeal No.221 of 2012 was preferred by Saharas
before the SAT which was dismissed by the Tribunal as
premature. This dismissal was assailed by the Saharas in C.A.
No. 8643 of 2012 that came to be disposed of by a
three-Judge Bench of this Court by an order dated 5th
December, 2012 with the following among other directions:
“(I) The appellants shall immediately hand over the
Demand Drafts, which they have produced in Court, to
SEBI, for a total sum of 5120/-Crores and deposit the
balance in terms of the order of 31st August, 2012,
namely, 17,400/- Crores and the entire amount in-
cluding the amount mentioned above, together with in-
terest at the rate of 15 percent, per annum with SEBI
in two installments.The first installment of
10,000/-Crores, shall be deposited with SEBI within the
first week of January, 2013.The remaining balance along
with interest, as calculated, shall be deposited within
the first week of February, 2013.The
time for filing documents in support of the refunds
made to any person, as claimed by the appellants, is
extended by a period of 15 days.On the receipt of said
documents, SEBI shall implement the directions contained
in the order passed on 31 st August, 2012.In the default of
deposit of either of the two installments , the directions contained
in paragraph 10 of the aforesaid order dt. 31 st August, 2012, shall
immediately come in to effect and SEBI will be entitled to take all
legal remedies, including attachment and sale of properties, freezing of
bank accounts etc., for realisation of balance dues"


5. Pursuant to the above, Saharas deposited Rs.5120/-
crores with the SEBI but failed to pay the remaining amount.
The balance amount payable is in the vicinity of Rs.12280/-
crores, exclusive of interest payable on the same. SEBI then
filed Contempt Petitions No.412 and 413 of 2012 and,
Contempt Petition No.260 of 2013 against the contemnors for
non-compliance of the directions of this Court. Various orders
have been passed in these contempt petitions from time to
time, and those which are germane for our purpose, shall be
adverted to hereinafter at the appropriate stage. The
applications (IAs) which we are dealing with in this order, are
filed in these contempt petitions and arise out of the earlier
orders passed.
6. It is pertinent to point out at this stage that in the
course of the proceedings in the above contempt petitions
some proposals appear to have been explored by the parties
for compliance with the directions of this Court but all such
proposal were found to be unsatisfactory eventually leading to
the issue of non-bailable warrants against Mr. Subrata Roy
Sahara for his production before this Court. Three other
Directors of Saharas were also ordered to remain present
before this Court.
7. On 4th March, 2014 when the contemnors appeared
before this Court one of them in custody, this Court recorded a
finding that the directions issued by the Court by its order
dated 31st August, 2012 and 5th December, 2012 and those
issued on 25th February, 2013 in CA No.8643 of 2012 and IA
No.67 of 2013 had not been complied with, despite sufficient
opportunities to the contemnors to do so. It was also held that
contemnors had adopted dilatory tactics to delay the
proceedings before the SEBI, the High Court and even before
this Court. It was further found that no acceptable proposal
was presented to comply with the directions of this Court
which left no option for this Court except to commit three out
of the four contemnors to judicial custody. The contemnors
are, ever since the said order, in judicial custody in Delhi’s
Tihar Jail. 
8. It is clear from the above narration that as per the
orders passed, a huge amount of nearly Rs.33,000/- crores is
yet to be deposited. It is also apparent that deadlines for
depositing this amount are long over. No doubt various
proposals have been given by Saharas for making payments
but none has fructified. From the tenor of orders passed
earlier, it can easily be gauged that these proposals did not
inspire confidence. In this backdrop when the matter again
came on 26th March, 2014, and the contemnors insisted on
granting bail to them, this Court passed a conditional Order
granting interim bail to the contemnors; the condition being
that they deposit Rs.10,000/- crores. Out of this a sum of
Rs.5,000/- crores had to be deposited in cash before this Court
while the balance amount of Rs.5000/- crores had to be
secured by a bank guarantee of a nationalised bank, furnished
in favour of the SEBI. Upon compliance with those conditions
the contemnors were directed to be released from the custody
and the amount deposited by them to be transferred to the
SEBI.Since we are directly concerned with this order, we may,
as well, extract the same:
“We have gone through the fresh proposal filed on
25.3.2014. Through the same is not in compliance with
our Order dated 31.8.2012 or the Order passed by the
three-Judge Bench of this Court on 5.12.2012 in Civil
Appeal No.8643 of 2012 and on 25.2.2013 in I.A. No.
67 of 2013 in Civil Appeal No.9813 of 2011 with I.A.
No.5 of 2013 in Civil Appeal No.9833 of 2011, we are
inclined to grant interim bail to the contemnors who
are detained by virtue of our order dated 4.3.2014, on
the condition taht they would pay the amount of
Rs.10,000 crores – out of which Rs.5,000 crores to be
deposited before this Court and for the balance a Bank
Guarantee of a nationalised bank be furnished in favour
of S.E.B.I. and be deposited before this Court.
On compliance, the contemnors be released
forthwith and the amount deposited be released to
S.E.B.I.
We make it clear that this order is passed in
order to facilitate the contemnors to further raise the
balance amount so as to comply with the Court’s
Orders mentioned above.”
9. Instead of complying with the above directions Mr.
Subrata Roy Sahara filed Writ Petition (Crl.) No. 57 of 2014
challenging the validity of the order of this Court dated 4th
March, 2014 on the ground that the same was void and
non-est in the eyes of law. A declaration to the effect that
continued incarceration of the petitioner Mr. Subrata Roy
Sahara in custody was illegal and a writ of habeas corpus and
directions for release of the petitioner from custody were also
prayed for. The said writ petition was heard by a Bench
comprising Hon’ble K.S. Radhakrishnan and J.S. Khehar, J.J.
and came to be dismissed vide detailed judgment dated 6th
May, 2014.
10. Having traversed in brief, the otherwise long journey
of this case, we revert back to the IAs which are the subject
matter of the instant order. In the present I.As. No.101-103 of
2014 filed in Contempt Petitions (C) No.412 and 413 of 2012
and Contempt Petitions (C) No. 260 of 2013, the contemnors
have made the following prayers:
“(a) Lift the restrictions imposed by this Hon’ble Court
vide its order dated 21.11.2013 and SEBI’s order
dated 13.2.2013, in respect of operation of the
Bank Accounts/deposits/demat accounts/sale of
securities mentioned at Annexure-A;
(b) Lift the restrictions imposed by this Hon’ble Court
vide its order dated 21.11.2013 and SEBI’s order
dated 13.02.2013 in respect of the movable and
immovable properties mentioned in Annexure B,
9on condition that net proceeds (after costs and
taxes) thereof be utilized exclusively for payment
ordered by this Hon’ble Court.
(c) pass such further or other order as this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the present case.”
11. Justice K.S. Radhakrishnan having demitted office
and, Justice J.S. Khehar having recused himself from the
further hearing of the case, the applications were listed before
us for urgent hearing on 19th May, 2014 when the same were
heard in part and directed to come up for continuation on 29th
May, 2014.
12. Appearing for the contemnors, Dr. Rajiv Dhawan
made a three-fold submission before us. Firstly, he contended
that the order passed by this Court on 26th March, 2014
granting interim bail subject to the conditions stipulated in the
said order deserved to be modified as the conditions stipulated
therein were not only onerous but incapable of being complied
with in the facts and circumstances of the case. Alternatively,
he contended that compliance with the conditions stipulated by
this Court would require sale of several items of immovable
properties held by Sahara Group of companies which sales can
be finalised only if the contemnors were enlarged from custody
with a view to enable them to negotiate the sale transactions.
He submitted that keeping in view the extent and nature of the
properties which shall have to be sold as also the amounts that
have been ordered to be deposited compliance with the
conditions stipulated by this Court is extremely difficult, if not
impossible, unless the contemnors are enlarged from jail and
allowed to take steps necessary for compliance. It was further
contended by Dr. Dhawan that the restraint orders against the
sale of the moveable and immoveable properties held by the
‘Saharas’ made it impossible for them to arrange compliance
unless the embargo placed upon such sale and transfer by this
Court’s Order dated 21st November, 2013 and that passed by
SEBI on 13th February, 2013 are lifted. He argued that even if
the contemnors were not enlarged on bail till such time the
directions issued by this Court on 26th March, 2014 were not
complied with, the restraint orders would prevent the
contemnors from raising necessary funds to comply with the
directions issued by this Court. He urged that the total amount
currently lying in several bank accounts and/or invested with
banks and companies in the form of FDs, Bonds and securities
etc. came to Rs.2500/- crores approximately. The broad
details of the amounts so available have been given by
Saharas in the note submitted by Dr. Dhawan as under:
Details of approx. Rs 2500 Crores along with interest
accrued thereon to be paid by Saharas within 5
working days of lifting the embargo (Pg 39 – 54)
a) Fixed Deposits 1688.74 crores
b) Savings Account 464.44 crores 
c) Current Account 18.45 crores
a) Securities & Bonds 142.86 crores 
b) Government Bonds 72.33 crores
c) Bank/PSU Bond 34.85 crores
-------------------
2421.67 crores 
------------------- 
Total approx. Rs 2500 crores along with interest accrued
thereon
13. Encashment of the FDs, sale and transfer of the
bonds and securities would, argued Dr. Dhawan, help the
contemnors to partly comply with the directions regarding
deposit of Rs.5000/- crores by moping Rs.2500/- crores. A
further sum of Rs.2500/- crores approximately would have to
be raised for deposit which will be possible only by sale of the
immovable properties situated in nine different cities details
whereof were filed by Dr. Dhawan in the form of a statement
with the estimated value of such properties which is as under:
Sr. No. Properties Valuation as per Page Nos. Of
12the Valuation
Report (Rs. In
crores)
Volume I
1. Pune 575 60 – 76 @ 73
2. Ahmedabad 470 81 -98 @ 94
3. Amritsar 153.75 99 – 127 @ 111
4. Chauma 1430 128 -148 @ 140
5. Vasai 1169.72 143 – 160 @ 149
6. Ajmer 160 161 -175 @ 167
7. Bhavnagar 103 176 – 191 @ 188
8. Jodhpur 112 192 -208 @ 204
9. Bhopal 125 209 – 224 222
TOTAL 4298.47
14. It was submitted that sale of the above items of
property may also not fully satisfy the conditions stipulated by
this Court for grant of interim bail thereby leave no option for
Saharas except to sell three other items of hotel properties
situated outside the country. One of these hotels by the name
Grosvenor House is situated in London while the remaining two
hotels are in New York (U.S.A.). It was urged that the said
three items of property also need to be sold to raise the
margin money which the banks concerned insist upon to
enable them to issue a bank guarantee. It was submitted that
while the contemnors propose to mortgage Aamby Valley
properties, details whereof are given in the Annexure B to
I.As. No.101-103, the contemnors would require funds to
service any financial arrangement made with the bank/banks.
It was also contended that according to the estimate of the
contemnors, the properties situated in London and New York
would fetch an amount of Rs.5,000/- crores to the contemnors
which may be utilised in full or in part towards the margin
money necessary for obtaining the bank guarantee(s). The
estimated value of these three properties is indicated by the
contemnors as under :
Shares of 
entities 
owning the 
following 
offshore 
properties 
Value as per 
the Valuation 
report
Expected Sales 
Value
Immediate 
Advances 
expected
Page No.
Grosvenor 
House, 
London
GBP 516,000,000
Rs 
50,929,200,000 
GBP 645,000,000
Rs 63,661,500,000
USD 50,000,000
Rs 2,900,000,000
667-Vol III
Plaza Hotel, 
New York
USD 
592,000,000
Rs 
34,336,000,000
USD 635,000,000
Rs 36,830,000,000
USD 50,000,000
Rs 2,900,000,000
415-Vol III
Dreams 
Downtown 
Hotel, New 
York
USD 
252,000,000
Rs 
14,616,000,000
USD 252,000,000
Rs 14,616,000,000
USD 50,000,000
Rs 2,900,000,000
231-Vol III
Total Rs 
115,107,500,000
USD 
150,000,000
Rs 
8,700,000,000
Net 
Realistic 
Equity 
Value to 
Sahara in 
India
Rs 50,366,156,000
15. On behalf of the respondent-SEBI it was argued by
Mr. Venugopal that he has no objection to the encashment of
the FD receipts and other securities and bonds etc. provided
the maturity value and sale consideration of such FDRs,
securities and bonds is directed to be deposited in the
designated bank account of SEBI viz. SEBI Sahara Refund
Account bearing No.012210110003740 with the Bank of India,
Bandra Kurla Complex Branch, Mumbai. As regards sale or
mortgage of properties situated in nine different cities
mentioned above, Mr. Venugopal submitted that appropriate
safeguards need be provided for such sale and transfer. Mr.
Venugopal suggested the following safeguards in this regard:
(i) Details of valuation, buyer(s) and terms of sales
together with letter (s) of intent be submitted in
advance to this Hon’ble Court;
(ii) Buyer(s) ought not to be related party/parties
qua the Sahara Group entities/Director etc. and
an affidavit of undertaking to that effect be filed
in this Hon’ble Court.
(iii) The sale proceeds be deposited by the buyer
directly to the designated Bank Account of SEBI
viz. “SEBI-Sahara Refund Account” bearing
No.012210110003740 with Bank of India,
Bandra-Kurla Complex Branch, Mumbai; and
(iv) Actual release of title deeds by SEBI to the buyer
be made only upon receipt of sale proceeds in
the aforementioned Bank Account.
16. A direction to the effect that the sale of the properties
shall not be for a price lesser than the circle rates prescribed
for the area where the properties are situated was also
suggested as an additional safeguard, by the learned counsel.
It was also submitted by Mr. Venugopal that so long as the
valuation of the assets situated outside the country is fair and
reasonable, the SEBI had no objection to the sale thereof to
enable the contemnors to raise funds necessary for compliance
with the directions of this Court. 
17. We have given our careful consideration to the
submissions made at the bar. It is apparent, from the
submissions made at the bar, that these IAs have two limbs:
In the first instance, the contemnors want relaxation in the
restraint orders over the Bank deposits and immovable
properties to comply with the directions of this Court regarding
deposit of the amounts. That part of the prayer does not pose
any difficulty, as the same is in aid of compliance with the
directions of this Court. Second set of prayers is for grant of
bail or relaxation of jail conditions in the interregnum. Here,
we have our reservations. We are not inclined to modify order
dated 26th March, 2014 granting interim bail to the contemnors
upon conditions stipulated in the said order. We say so because
the background in which the contemnors came to be
committed to the jail and the finding recorded by the Court
that they have at all earlier stages tried to adopt dilatory
tactics and avoided to comply with the orders passed by the
Court does not in our view call for any modification of the
terms on which the contemnors can be released. Dr. Dhawan
pleaded, in the alternative, that the least which could be done
was to shift the contemnors from Tihar Jail to a guest house
for incarceration to enable them to take decisions that are
necessary for compliance with the directions issued by this
Court. This request was opposed by Mr. Venugopal, according
to whom similar requests made repeatedly over several
hearings in the past have been declined by this Court,
although no specific order refusing the same was recorded. In
support of that submission, our attention was drawn to the
averments made by the applicant in I.As No.2 to 4 filed by
them on 20th May, 2014 which averments clearly show that
similar prayers were indeed made in the past also. 
18. Apart from the fact that the prayer now made is a
repetition of similar prayers made in the past which have not
cut any ice with the bench hearing the matter, we see no
reason to make a departure from the usual course in the
present case. The Bench has passed a conditional bail order
after due and proper consideration having regard to the
attendant circumstances including conduct of the contemnors.
The order can be modified only under very compelling
circumstances. The only reason given by the applicants is that
interim release or transfer of the contemnors to a guest house
would enable them to dispose of the properties speedily and
enable them to arrange for the requisite Bank Guarantees. We
don’t think so. It is noteworthy that the total amount to be
deposited is between Rs. 33000/- to Rs. 35000/- crores. To
show their bonafides, the contemnors have been directed to
deposit less than 1/3rd of that amount as a condition for bail.
After all, even when this part of the order is complied with and
the contemnors are set free, they will have to arrange the
deposit of the balance amount, which again is very substantial.
That apart, it is not the case of the contemnors that they or
anyone of them suffers from any medical condition that calls
for hospitalisation or an atmosphere conducive for recovery
from any disease. This Court has already issued directions
permitting visitation to those who need to visit the contemnors
in jail. That arrangement has not been found to be inadequate
as at present so to call for any change. 
19. The prayer for modification of the order, accordingly,
fails. 
20. We, however, find considerable merit in the
submission made by Dr. Dhawan that the restraint order
issued by the SEBI and by this Court forbidding transfer and
alienation of moveable and immoveable assets by the Sahara
Group of companies has the effect of preventing the
contemnors from complying with the directions of this Court
which require them to deposit Rs.5,000/- crores in cash
besides a bank guarantee for a similar amount of Rs.5,000/-
crores. While it is true that the contemnors stand committed
to prison for their non-compliance with the directions of this
Court, nothing should prevent them from taking steps to
comply with the said directions or the conditions subject to
which they have been granted interim bail. Restraint against
transfer of the assets by the contemnors and the companies
promoted by them precisely has the effect of doing so. The
question, however, is as to what extent should the orders of
restraint be modified. That aspect assumes importance
because of the fact that Saharas need to eventually deposit a
substantial amount which according to the current estimate
may be in the neighbourhood of Rs. 30,000 to Rs. 35,000
crores inclusive of interest accrued on the principal amount
Sale of valuable properties at a price lesser than the market
value of such assets is bound to prejudicially affect the interest
of the depositors and defeat the orders passed by this Court in
its letter and spirit. That is particularly so because according to
Mr. Venugopal, SEBI is unable to value the properties or
process the sale and transfer thereof. It was in that
background that we had indicated to Dr. Dhawan learned
counsel for the appellants that the restraint orders cannot be
lifted in toto and that Saharas should come forward with a
proposal for sale of such properties as were sufficient to
comply with the interim bail direction of this Court regarding
deposit of Rs.5,000/- crores in cash and a bank guarantee of
Rs.5.000/- in addition. Dr. Dhawan has pursuant to that
observation confined his prayer for permission to sell/transfer
only nine items of properties situated in nine different cities in
the country and disclosed the estimated value of such property
in the statement which we have extracted above. Dr. Dhawan
on instructions made a statement that although the note filed
by him mentions the names of nine different cities without
giving details of the properties situated in those cities but the
fact remains that the properties referred to in the note are
only nine in number and no more.
21. Keeping in view the total number of properties held
by Sahara Group of companies, transfer of sale and/or
mortgage of the nine items of properties situated in nine cities
mentioned in the note and extracted above should, in our
opinion, suffice to enable the contemnors to comply with the
26th March, 2014 directions of this Court. In order, however, to
ensure that the sale value is fair and reasonable, we need to
make it clear that no item of property shall be sold at a price
lesser than the circle value of the properties fixed for the area
where such property is located.
22. As regards properties situated in London and New
York we have by an interlocutory Order passed on 29th May,
2014 directed the contemnors to furnish certain additional
information necessary for permitting the sale of the said
assets. The information demanded includes
permission/approval from the Bank of China with whom the
said properties are mortgaged and shares held by Saharas for
repayment of the loans borrowed from the said bank
hypothecated/pledged. We have also directed Saharas to get
the amount outstanding towards the loan transactions qua the
said properties confirmed from the Bank of China so as to give
us a clear picture of the extent of liability that remains to be
discharged against the said assets. The fact that the valuation
reports regarding the three assets were prepared at the
instance of the Bank of China shall also have to be verified and
confirmed by the Bank of China, especially because no sale of
the assets in question can be permitted at a price lesser than
the price at which the said assets have been valued by the
valuers who are said to be valuers of repute. Directions
regarding sale of the assets outside the country can, therefore,
await the furnishing of information and verification of the facts.
23. In the result we dispose of these I.As with the
following directions:
(i) The prayer for modification of the terms
stipulated in our order dated 26th March, 2014
granting interim bail to the contemnors is
declined and the I.As to that extent dismissed.
(ii) Prayer for shifting the contemnors to a guest
house for continued custody and detention till
they comply with the directions of this Court for
their release on interim bail is also declined and
the I.As dismissed to that extent
(iii) Orders dated 21st November, 2013 passed by
this Court and that dated 13th February, 2013
passed by SEBI restraining sale and transfer of
moveable and immoveable properties held by
Saharas are modified to the following extent:
(a) FDs, bonds and securities held by Sahara Group
of companies may be encashed by the holders
thereof subject to the condition that the maturity
value/sale consideration of such FDs, bonds and
securities shall be deposited in the designated
bank account of SEBI referred to in the earlier
part of this order and details of such maturity
values and sale consideration furnished to this
Court on affidavit to be filed within four weeks
from the date the FDs, bonds and securities are
encashed, sold and/or transferred. 
(b) Immovable properties owned by Sahara Group of
companies situated in 9 different cities
mentioned in the note filed by Dr. Dhawan and
extracted in the body of this order with an
estimated value of Rs.2500/- crores are
permitted to be sold by the companies/other
entities persons in whose names such properties
are held subject to the condition that such sales
are not for a price lower than the estimated value
indicated in the statement filed before this Court
or the circle rates fixed for the area in which such
properties are situated. The seller shall furnish
to this Court the details of the valuation of the
properties sold and the terms of sales together
with a declaration that the purchasers is not a
related party qua Saharas. Needless to say that
upon deposit of the sale consideration the title
deeds of the property shall be released by SEBI
in favour of the purchaser(s).
(c) The sale consideration of the properties less
transaction cost and statutory dues on the same
shall be deposited with the SEBI to the extent the
same is necessary to make a total deposit of
Rs.5,000/- crores inclusive of the maturity value
and sale proceeds of the FDs, bonds and
securities etc. permitted to be encashed and sold
in terms of direction (iii) (a) above. The
balance/excess amount of the sale consideration
shall be deposited by Saharas in a separate
account to be opened in a nationalised bank
which deposit shall remain subject to further
orders of this Court. 
(d) Saharas are also permitted to charge its
immovable properties situated in Aamby Valley
(Pune), the details whereof are given in Annexure
B to IAs No.101-103, for purposes of furnishing a
bank guarantee for an amount of Rs.5,000/-
crores and/or for deposit of Rs.5,000/- crores if
there is any shortfall despite encashment and
sales permitted in terms of (iii)(a) and (iii)(b)
above.
(e) In modification of the orders dated 26th March,
2014, we direct that the Bank guarantees to the
tune of Rs.5000/- crores shall be furnished from
a nationalised bank or a scheduled bank only.
Co-operative Bank Guarantees shall not suffice. 
(iv) In so far as sale of the three properties situated
outside the country are concerned, the
question is left open to be determined after the
requisite documents/information is made
available by Sahara in terms of our order dated
29th May, 2014. 
(v) Keeping in view the importance of the issues
that fall for determination in these proceedings
and the ramifications that the directions issued
by this Court may have as also the fact that
one very important order which is sought to be
enforced in these proceedings was passed by a
three-Judge Bench, we refer these proceedings
to a three-Judge Bench to be constituted by the
Hon’ble Chief Justice of India.
(vi) We are further of the view that having regard
to the nature of these proceedings and the
stakes that are involved, we need to appoint an
amicus curiae. We accordingly, request Mr. F.S.
Nariman, Senior Advocate to assist the Court
as an amicus curiae. Shri Nariman shall be free
to associate two juniors of his choice to brief
him in the matter.
(vii) We direct that the Amicus curiae shall be paid
his fee @ Rs.1,10,000/- per hearing while the
juniors assisting him shall be paid Rs.10,000/-
per person for every hearing. The amount so
due shall be paid by SEBI by debit to account
Saharas. 
………………….……….…..…J.
 (T.S. THAKUR)
………………….……….…..…J.
 (A.K. SIKRI)
New Delhi
June 4, 2014
ITEM NO.1A COURT NO.3 SECTION XVII
 S U P R E M E C O U R T O F I N D I A
 RECORD OF PROCEEDINGS
I.A. No(s). 101-103 in Contempt Petition(s)(Civil) No(s). 412 &
413 of 2012 in Civil Appeal No(s). 9813 & 9833 of 2011 and
Contempt Petition(s) Civil Nos(s). 260 of 2013 in Civil Appeal
No(s). 8643 of 2012. 
S.E.B.I. .. Appellant(s)
 VERSUS
SAHARA INDIA REAL ESTATE CORPORATION LTD. & ORS.. Respondents(s)
Date : 04/06/2014 These applications were called on for 
pronouncement of judgment today.
For Appellant(s) Mr. Gaurav Nair, Adv.for
 M/s. K.J. John & Co.
For Respondent(s) Mr. S. Ganesh, Sr.Adv.
 Mr. Gaurav Kejriwal, Adv.
 Mr. Keshav Mohan, Adv.
 Mr. Sandeep Bajaj, Adv.
 Mrs.Shally Bhasin Maheshwari,Adv.
 Mr. Gautam Awasthi, Adv.
 Mr. Vishwa Pal Singh, Adv.
 Hon'ble Mr. Justice T.S. Thakur pronounced the judgment of
the Bench comprising His Lordship and Hon'ble Mr. Justice A.K.
Sikri.
 Keeping in view the importance of the issues that fall for
determination in these proceedings and the ramifications that
the directions issued by this Court may have as also the fact
that one very important order which is sought to be enforced in
these proceedings was passed by a three-Judge Bench, we refer
these proceedings to a three-Judge Bench to be constituted by
the Hon’ble Chief Justice of India.
 I.A.Nos.101-103 are disposed of in terms of the judgment.
(USHA BHARDWAJ) (RENUKA SADANA)
 AR-cum-PS COURT MASTER
(SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE)
28

Thursday, June 5, 2014

Oral evidence - Doctor evidence - conviction - The ocular testimony of PW7 Shanti Lal about the attack made by the appellants herein on Babu Lal is corroborated by the medical evidence and the recovery of weapons pursuant to the information furnished by them. In our considered view the conviction and sentence imposed on the appellants does not call for any interference= Bahadur Singh & Ors. .. Appellant(s) versus State of Madhya Pradesh .. Respondent(s) = 2014 ( June. Part) http://judis.nic.in/supremecourt/filename=41560

Oral evidence - Doctor evidence - conviction - The ocular testimony of PW7 Shanti Lal about the attack made by the appellants herein on Babu Lal is corroborated by the medical evidence and the recovery of weapons pursuant to the information furnished by them. In our considered view the conviction and sentence imposed on the appellants does not call for any interference=


The occurrence took place at 6.30p.m. on
7.8.2005 and 
PW7 Shanti Lal lodged the complaint at7.20 p.m. in Police Station, Aalot.
 According to
Investigation Officer PW17 P.K. Sharma the copy of
F.I.R. could not be sent in the night and it was
despatched next day to the Court. 
The High Court
held that in the totality of the circumstances of the
case there was no inordinate delay in sending the
F.I.R. to the Court. We concur with the view of the
High Court.
11. Babu Lal died of homicidal violence is evident
from the medical evidence adduced by the prosecution.
The autopsy was conducted by PW16 Dr. Prakash and
according to him there were 32 incised wounds and 3
abrasions on the body and the death has occurred due
to shock and excessive external haemorrhage due to
injury to neck, vessels, air passage and vital parts like
brain. Exh.P38 is the Post Mortem Report issued by
him. It is clear that Babu Lal suffered a violent death
on account of multiple injuries. 

12. The appellants on their arrest gave information
which led to the recovery of weapons used by them during the occurrence. 
PW2 Rameshwar, PW5 Pare
Singh and PW6 Jagdish have testified that the
appellants in their presence gave individual
information and took and produced the weapons from
the hidden place and they came to be recovered by the
investigation officer. 
The said weapons were shown to
PW16 Dr. Prakash and he has also expressed opinion
that the injuries found on the dead body could have
been caused by those weapons.

13. There was also motive for the occurrence.
There was a bomb explosion on the day of Holika
Dahan which led to the arrest of the accused, who is
also one of the accused in the present case and they
were having grudge that at the instance of Babu Lal
they were implicated in the said case.
 Besides the
above there was enmity on account of election to
Shikshak Palak Sangh and meeting of Nirman Samiti
in the village which culminated in the present
occurrence.
14. The High Court after careful and close scrutiny
of the evidence entertained doubt with regard to the
participation of eight of the accused on account of
absence of overt act attributable to them and gave
them benefit of doubt and acquitted them. 
The ocular
testimony of PW7 Shanti Lal about the attack made by
the appellants herein on Babu Lal is corroborated by
the medical evidence and the recovery of weapons
pursuant to the information furnished by them. In our
considered view the conviction and sentence imposed
on the appellants does not call for any interference
15. There are no merits in the appeals and the
same are dismissed.

2014 ( June. Part) http://judis.nic.in/supremecourt/filename=41560
JAGDISH SINGH KHEHAR, C. NAGAPPAN
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.1095-1097 OF 2011
Bahadur Singh & Ors. .. Appellant(s)
versus
State of Madhya Pradesh .. Respondent(s)
J U D G M E N T
C. NAGAPPAN, J.
1. These three appeals are preferred against the
common judgment dated 16.7.2009 passed by the
High Court of Madhya Pradesh Bench at Indore in
Criminal Appeal Nos. 1288 of 2006, 1362 of 2006 and
1408 of 2006.

2. The appellants herein are five in number and
were charged along with ten other accused on the
allegation that they armed with deadly weaponsindulged in rioting and in furtherance of their common
object committed the murder of Babulal and caused
simple injury to Bhanwar in Sessions case no.193 of
2005 on the file of Additional Sessions Judge, Ratlam,
Madhya Pradesh. The Trial Court acquitted two of the
accused persons and convicted the remaining thirteen
accused for the offence under Section 302 read with
Section 149 IPC and sentenced each of them to
undergo rigorous imprisonment for life and to pay a
fine of Rs.1000/- each in default to suffer three
months rigorous imprisonment each. It also convicted
them for offence under Section 148 IPC and sentenced
each of them to undergo rigorous imprisonment for two
years. Challenging the conviction and sentence all the
convicted accused preferred six appeals. The High
Court confirmed the conviction and sentence of five
accused by dismissing their appeals and acquitted the
remaining eight accused by allowing their appeals.
Aggrieved by the confirmation of their conviction andsentence the said five accused have preferred the
present appeals.
3.The prosecution case in brief is stated thus:
PW7 Shanti Lal, deceased Babu Lal and Shiv
Narayan are brothers and on 7.8.2005 at 6.30 p.m.
they had gone to work in their field situated at a
distance from their village Dudhia. In the evening at
6.30 p.m. they along with their servant PW1 Bhanwar
while returning to their house Babu Lal was riding his
motorcycle and PW7 Shanti Lal, Shiv Narayan and
Bhanwar were following him on another motorcycle.
On the way motorcycle of Babu Lal went out of order
and he was trying to restart it, at that moment all the
accused armed with dharia, axe, sword, balam and
lathies surrounded Babu Lal and the accused persons
Aziz son of Wali Mohammad and Aziz son of Jan
Mohammad, Bahadur Singh, Madan and Dinesh
attacked Babu Lal by dharia. PW7 Shanti Lal and Shiv
Narayan tried to save Babu Lal but the accusedthreatened to attack them if they come near. Servant
PW1 Bhanwar proceeded towards Babu Lal and he was
assaulted by lathi by accused Chand Mohammad and
he ran away. All the accused fled towards village
Ranayara. PW7 Shanti Lal and Shiv Narayan went
near Babu Lal and found him dead. They returned to
the village and PW7 Shanti Lal went to Police Station
Aalot and lodged complaint at 7.20 p.m. PW17 Town
Inspector P.K. Sharma registered the case and Exh.P28
is the First Information Report. He took up the
investigation and went to occurrence place and
prepared Exh.29 Spot Map. He conducted inquest and
prepared Exh.P18 Inquest Report. He sent the body
for post-mortem. PW16 Dr. Prakash conducted
autopsy on the body at Civil Hospital, Aalot at 8.30
a.m. on 8.8.2005 and found 32 incised wounds and 3
abrasions on the body and expressed opinion that the
death has occurred due to shock and excessive
external haemorrhage due to injury to neck, vessels,
air passage and vital parts like brain, 12-18 hoursprior to post-mortem. Exh.P38 is the Post Mortem
Report issued by him. PW16 Dr. Prakash also
examined PW1 Bhanwar and Exh.P46 is the MLC
Report issued by him.
4. PW17 Inspector Sharma arrested the accused
and on their disclosure statements he recovered the
weapons used in the occurrence. He also seized the
blood strained earth from the occurrence place, the
clothes of the deceased and other articles. He sent the
weapons with Exh.P43 query to Doctor for opinion and
obtained the same. He sent the seized articles to
Forensic Science Laboratory with Exh.P44 requisition.
He completed the investigation and filed the final
report against the accused.
5. The prosecution examined PWs 1 to 17 and
marked documents to prove the charges. The defence
examined DW1 on their side. The Trial Court
acquitted two of the accused and convicted the
remaining thirteen accused and sentenced them as
stated earlier. The High Court confirmed theconviction and sentence imposed on five accused by
dismissing their appeals and acquitted the remaining
eight accused by allowing their appeals. Challenging
their conviction and sentence the five accused have
preferred these appeals.
6. The learned senior counsel appearing for the
appellants contended that PW7 Shanti Lal could not
have witnessed the occurrence and his presence in the
occurrence place is doubtful and his conduct in not
going to rescue of the deceased is not natural and no
reliance can be placed on his testimony and the First
Information Report has been brought into existence by
putting ante dated and the presence of some of the
accused has been doubted by the High Court and that
would affect this substratum of the prosecution case
and the conviction and the sentence imposed on the
appellants are liable to be set aside. Per contra, the
learned counsel appearing for the respondent-State
contended that the deceased and PW7 Shanti Lal went
to their agricultural field on the occurrence day and inthe evening while returning to their house on
motorcycles the appellants armed with deadly weapons
surrounded Babu Lal and attacked him and due to
their threat PW7 Shanti Lal could not go near and his
presence in the occurrence place cannot be doubted
and the complaint was also lodged by him at police
station within one hour after the occurrence and all
the appellants had taken part in the brutal attack
made on the deceased and the conviction and the
sentence imposed on them is sustainable.
7. The prosecution case is that the appellants in
furtherance of their common object committed the
murder of Babu Lal by attacking him with dharia, axe
and sword. The prosecution examined PW7 Shanti Lal
as having witnessed the occurrence. PW7 Shanti Lal
is the younger brother of Babu Lal and he has testified
that on 7.8.2005 he, his brother Babu Lal and Shiv
Narayan along with their servant Bhanwar were
coming back from the agricultural field at about 6.30
p.m. and his brother Babu Lal was proceeding aloneon his motorcycle and he, Shiv Narayan and servant
Bhanwar were coming behind him on another
motorcycle and the motorcycle of Babu Lal got stopped
all of a sudden and he was trying to get it restarted
and at that moment all the appellants holding axe,
dharia and sword emerged from the adjoining field and
attacked Babu Lal indiscriminately with their weapons
and they also threatened him and others not to come
forward lest they would also be killed and servant
Bhanwar moved forward and he was assaulted and he
ran away and after the attack the appellants fled
towards Ranayara village. It is the further testimony
of PW7 Shanti Lal that they went near and found
Babu Lal lying dead in pool of blood and they went to
their house in the village and then he went to police
station, Aalot on motorcycle and lodged complaint at
7.20 p.m. and PW17 Inspector P.K. Sharma registered
the case in Exh.P28 the First Information Report.

8. It is not in dispute that Babu Lal and his
brothers were jointly cultivating the land situated at adistance from their village Dudhia. The contention of
the learned senior counsel appearing for the
appellants is that PW7 Shanti Lal was residing in
Aalot and was not in the company of the deceased on
the occurrence day and he could not have witnessed
the occurrence. In the cross-examination PW7 Shanti
Lal has specifically stated that he has a Kirana shop
and a house at Aalot and he used to come to Aalot in
morning and return to village in the evening and
whenever there was work in the agricultural field, he
used to stay in the village. On the date of occurrence
all the three brothers along with their servant
Bhanwar went to their field for spraying pesticides
and while they were returning home in the evening,
the occurrence had taken place. The testimony of
PW7 Shanti Lal that he stayed back in the village on
the occurrence day on account of agricultural work is
natural and cannot be doubted.
9. Babu Lal was intercepted and attacked by
the appellants armed with deadly weapons and onseeing the same, PW7 Shanti Lal and Shiv Narayan
shouted at them and they were threatened not to come
near lest they would also be killed and on account of
fear they did not attempt to rescue Babu Lal at the
time of occurrence. In fact, they also witnessed the
attack made by the assailants on servant Bhanwar and
in such circumstances, the conduct of PW7 Shanti Lal
in not going near his brother Babu Lal during the
occurrence due to fear is quite natural and the
contention raised by the appellants cannot be
accepted. The other contention that non examination
of Shiv Narayan affects the prosecution case is also
devoid of merit. PW7 Shanti Lal withstood the lengthy
cross-examination and nothing could be elicited to
discredit his testimony. We are satisfied that the
testimony of PW7 Shanti Lal is natural, trustworthy
and credible and has rightly been relied on by the
Courts below.
10. The occurrence took place at 6.30p.m. on
7.8.2005 and PW7 Shanti Lal lodged the complaint at7.20 p.m. in Police Station, Aalot. According to
Investigation Officer PW17 P.K. Sharma the copy of
F.I.R. could not be sent in the night and it was
despatched next day to the Court. The High Court
held that in the totality of the circumstances of the
case there was no inordinate delay in sending the
F.I.R. to the Court. We concur with the view of the
High Court.
11. Babu Lal died of homicidal violence is evident
from the medical evidence adduced by the prosecution.
The autopsy was conducted by PW16 Dr. Prakash and
according to him there were 32 incised wounds and 3
abrasions on the body and the death has occurred due
to shock and excessive external haemorrhage due to
injury to neck, vessels, air passage and vital parts like
brain. Exh.P38 is the Post Mortem Report issued by
him. It is clear that Babu Lal suffered a violent death
on account of multiple injuries.

12. The appellants on their arrest gave information
which led to the recovery of weapons used by themduring the occurrence. PW2 Rameshwar, PW5 Pare
Singh and PW6 Jagdish have testified that the
appellants in their presence gave individual
information and took and produced the weapons from
the hidden place and they came to be recovered by the
investigation officer. The said weapons were shown to
PW16 Dr. Prakash and he has also expressed opinion
that the injuries found on the dead body could have
been caused by those weapons.

13. There was also motive for the occurrence.
There was a bomb explosion on the day of Holika
Dahan which led to the arrest of the accused, who is
also one of the accused in the present case and they
were having grudge that at the instance of Babu Lal
they were implicated in the said case. Besides the
above there was enmity on account of election to
Shikshak Palak Sangh and meeting of Nirman Samiti
in the village which culminated in the present
occurrence.14. The High Court after careful and close scrutiny
of the evidence entertained doubt with regard to the
participation of eight of the accused on account of
absence of overt act attributable to them and gave
them benefit of doubt and acquitted them. The ocular
testimony of PW7 Shanti Lal about the attack made by
the appellants herein on Babu Lal is corroborated by
the medical evidence and the recovery of weapons
pursuant to the information furnished by them. In our
considered view the conviction and sentence imposed
on the appellants does not call for any interference.
15. There are no merits in the appeals and the
same are dismissed.
…………………………….J.
(Jagdish Singh Khehar)
……………………………J.
(C. Nagappan)
New Delhi;
June 3, 2014ITEM NO.1 COURT NO.3 SECTION IIA
 S U P R E M E C O U R T O F I N D I A
 RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1095-1097/2011
BAHADUR SINGH & ORS. Appellant(s)
 VERSUS
STATE OF M.P. Respondents(s)
Date : 03/06/2014 These appeals were called on for Judgment
today.
For Appellant(s) Ms. Manjeet Chawla,Adv.
For Respondent(s) Mr. C.D. Singh,AOR(NP)
Hon'ble Mr. Justice C. Nagappan pronounced the judgment
of the Bench comprising Hon'ble Mr. Justice Jagdish Singh Khehar
and His Lordship.
For the reasons recorded in the Non-Reportable
Judgment, which is placed on the file, the appeals are dismissed.
(PRAVEEN KUMAR CHAWLA) (PHOOLAN WATI ARORA)
COURT MASTER ASSISTANT REGISTRAR