LawforAll

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Thursday, December 17, 2015

According to Modi’s Medical Jurisprudence and Toxicology (23rd Edition), “ligature mark depends on the nature and position of ligature used, and the time of suspension of the body after death. If the ligature is soft, and the body is cut down from the ligature immediately after the death, there may be no mark…….” ‘Strangulation’ is defined by Modi as “the compression of the neck by a force other than hanging. Weight of the body has nothing to do with strangulation. Ligature strangulation is a violent form of death which results from constricting the neck by means of a ligature or by any other means without suspending the body. When constriction is produced by the pressure of the fingers and palms upon the throat, it is called as throttling. When strangulation is brought about by compressing the throat with a foot, knee, bend of elbow, or some other solid substances, it is known as mugging (strangle hold).” (emphasis supplied) As to appearances due to asphyxia, Modi says: - “The face is puffy and cyanosed, and marked with petechiae. The eyes are prominent and open. In some cases, they may be closed. The conjunctivae are congested and the pupils are dilated. Petechiae are seen in the eyelids and the conjunctivae. The lips are blue. Bloody foam escapes from the mouth and nostrils, and sometimes, pure blood issues from the mouth, nose and ears, especially if great violence has been used. The tongue is often swollen, bruised, protruding and dark in colour, showing patches of extravasation and occasionally bitten by the teeth. There may be evidence of bruising at the back of the neck. The hands are usually clenched. The genital organs may be congested and there may be discharge of urine, faeces and seminal fluid.” In ‘asphyxia’, according to Modi, “ligature is usually situated above the thyroid cartilage, and the effect of its pressing the neck in that situation is to force up the epiglottis and the root of the tongue against the posterior wall of the pharynx. Hence, the floor of the mouth is jammed against its roof, and occludes the air passages,………..” = After carefully going through the medico legal evidence on record, we are of the opinion that it was not a case where a view could have been taken that the deceased died of hanging. There was no reason to disagree with the opinion given by PW-8 Dr. Viveka Nand (Ex. P-13) that the deceased had died of asphyxia as a result of pressure over the neck=After carefully scrutinizing the evidence on record, as above, we are convinced that it is proved beyond reasonable doubt on the record that when accused Ramesh saw his daughter talking to PW-9 Bablu, he got suddenly provoked and lost his power of self-control, slapped her, took her inside the house, and caused death of his daughter by strangulation and throttling. The medical evidence clearly shows four ante mortem injuries on the neck region and three around mouth of the deceased as mentioned in the autopsy report (Ex. P-12). On going through the reports Ex. P-12 and P.13 read with oral testimony of witnesses, discussed above, we have no hesitation in holding that prosecution has successfully proved the charge of culpable homicide not amounting to murder punishable under Section 304 Part I against the accused/respondent Ramesh. For the reasons, as discussed above, we are of the view that the High Court has erred in law in holding that the deceased could have hanged herself, and that the chain of circumstances was not complete against the accused. Therefore, this appeal deserves to be allowed.

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Monday, December 14, 2015

advertisement rights to the appellants without inviting tender for it. To that extent, in our opinion, respondent No.3 has not acted fairly. As such, the manner in which the advertising rights are given to the appellants with the work order cannot be said to be fair and contract to that extent was liable to be quashed without interfering with rest of the work order.=Explaining the doctrine of severability contained in Section 57 of Indian Contract Act, 1872, in B.O.I. Finance Ltd., v. Custodian and others[4], a three Judge Bench of this Court has held that question of severance arises only in the case of a composite agreement consisting of reciprocal promises. In Shin Satellite Public Co. Ltd. V. Jain Studios Ltd.[5], this Court has observed that the proper test for deciding validity or otherwise of an order or agreement is “substqantial severability” and not “textual divisibility”. It was further held by this Court that it is the duty of the Court to sever and separate trivial and technical parts by retaining the main or substantial part and by giving effect to the latter if it is legal, lawful and otherwise enforceable. Therefore, in the facts and circumstances and for the reasons as discussed above, the appeals deserve to be partly allowed. Accordingly, we set aside the impugned orders passed by the High Court to the extent it has quashed the work contract given to the appellants regarding replacement of existing street lights by LED fittings and refurbishment of street light infrastructure on BOT basis. The work order dated 03.09.2014, to that extent given to the appellants shall stand valid. However, the advertisement rights given to the appellants, in the work contract, shall remain quashed. As to the advertisement rights, respondent No.3 may invite tenders before awarding contract in respect thereof. The appeals stand disposed of.

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there was no common object on the part of other members of the unlawful assembly with accused Pohla @ Sat Narain to commit murder of Rajesh (deceased).=Accordingly, in the light of decision in the appeal of co-accused Daya Kishan, conviction and sentence of the appellant recorded by the trial court in respect of offence punishable under Section 302 read with Section 149 IPC is set aside

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                                                              NON-REPORTABLE                         IN THE SUPREME COURT OF INDIA    ...

Curiously enough, the Managing Director being the disciplinary authority prepared his report and referred the matter to the Board of Directors to consider the draft charges, enquiry report, representation filed by the officer concerned and his finding, for taking an appropriate decision in the case. Not only that, when the case was placed before the Board for taking a final decision, he participated in the said meeting and a decision was taken by the Board of Directors to dismiss the appellant from service. In our considered opinion, such a procedure adopted by the disciplinary authority and the appellate authority is absolutely erroneous in law.=the procedure adopted by the respondents in removing the appellant from service is erroneous and suffers from serious discrimination and bias. Further, the Enquiry Officer conducted the enquiry without following the procedure and without giving sufficient opportunity to the delinquent to place his case. Enquiry is also vitiated in law.

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA       ...