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Wednesday, November 30, 2016

Both the above suits were clubbed together. Evidence was recorded in Original Suit No.32/1974, whereupon, it was held, that the appellant was a cultivating tenant in respect of the above agricultural land, long prior to the notified date (-17.01.1959), and that, the appellant had occupancy rights over the above land, prior to taking over of the ‘Inam Estates’ by the State Government, under the 1948 Act. And further that, with effect from the notified date – 17.01.1959, the relationship of landlord and tenant, between the erstwhile landowner Sri Sangameswara Swamy Varu – respondent no.1, and the ryot stood terminated. And that, the appellant was entitled to a “ryotwari patta” for the suit land. This determination was recorded in Original Suit No.32/74, consequent upon the appellant being able to establish the above position, through the evidence of an “archaka” and a “trustee” (P.W.2 and P.W.3 respectively), of the temple in question. The appellant was also able to demonstrate, that the appellant and his predecessors-in-interest, were cultivating tenants of the suit land, long prior to the notified date – 17.01.1959. It is in the aforesaid view of the matter, that Original Suit No.32/1974 came to be decreed. 11. As against the above, the Estate Officer, Devasthanam, could not establish the execution of the alleged rent deed (kadapa), dated 29.11.1970, in favour of the appellant. And as such, the Devasthanam could not establish the relationship of landlord and tenant, between Sri Sangameswara Swamy Varu and the appellant, as alleged. It was therefore, that Suit No.73/1974 was dismissed. The judgment and decree in Original Suit Nos.32/1974 and 73/1974 were passed on 31.10.1977. It is not a matter of dispute between the rival parties, that the aforesaid determination attained finality between the parties.

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                                                                  Reportable                         IN THE SUPREME COURT OF INDIA     ...

The authorities could not and should not have relied upon said enquiry report as basis in fresh enquiry for holding the appellant guilty of the charge and to award punishment of withholding of pension and gratuity. In the circumstances, we do not find that there was sufficient reason for the respondent authorities to exercise the powers under Rule 43 (b) read with Rule 139 of Bihar Pension Rules as neither there was pecuniary loss to the State, nor the present case is of a grave misconduct on the part of the appellant. 13. For the reasons as discussed above, we are inclined to interfere with the impugned order passed by the High Court. Therefore, the appeal is allowed. The orders dated 24.09.1997 and 17.06.1998, passed by the respondent authorities shall stand quashed. No order as to costs.

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                        IN THE SUPREME COURT OF INDIA                         CIVIL APPELLATE JURISDICTION                         CIVI...

the recovery of the contraband i.e. Poppy Husk from the conscious possession of the accused persons. That the samples were properly sampled, sealed and forwarded to the Forensic Science Laboratory through Malkhana also stands established. The certificate of the Chemical Examiner, FSL to the effect that the seal of the samples was found intact and that the same tallied with the specimen seals also rules out the possibility of any tampering therewith. The fact that the contraband was recovered from the car while the same was being driven by one of the accused persons in the company of the other also authenticate the charge of their conscious possession thereof. The haul of six bags of Poppy Husk is substantial so much so that it negates even the remote possibility of the same being planted by the police. Furthermore no evidence with regard to bias or malice against the Investigating Agency has been adduced. (19) In the wake of the above, we are of the unhesitant opinion in the face of the evidence on record, that the prosecution has been able to prove the charge against the accused persons beyond all reasonable doubt. The Courts below have appreciated the materials on record in the correct legal and factual perspectives and the findings recorded do not merit any interference. The appeal is thus dismissed.

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                                                                  REPORTABLE                              IN THE SUPREME COURT OF INDIA ...

On a consideration of the totality of the circumstances attendant on the case, we are of the opinion that the conviction of the appellants under Section 304-Part 1 read with Sections 147,148,149 IPC, as recorded by the High Court, is justified. However, in our view, having regard to the singular facts and circumstances, we are inclined to reduce the sentence for the offence under Section 304-Part I/149 IPC to rigorous imprisonment for 7 years. The other sentences are hereby affirmed.

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                                                                 REPORTABLE                         IN THE SUPREME COURT OF INDIA      ...