Education — All India Council for Technical Education Act, 1987 — cancellation of approval/affiliation of the appellant college on the ground that the college had shifted to another location without obtaining prior approval of the AICTE — impugned order in challenge — held the compliance with the conditions for approval as well as regulations and provisions of the AICTE Act is an unexceptionable condition which the college failed to comply — withdrawal of approval by the AICTE cannot interfered with — appeals dismissed.
Amarnath pilgrimage — Suo motu petition — taking view of newspaper reports regarding poor arrangements and number of deaths that occurred during the yatra in the year 2012 to the holy cave of Amarnathji — need to take immediate and effective steps to remedy the same — the report of the Special High Powered Committee (SHPC) accepted the existence of lack of facilities, non-availability of proper health care, need for proper management, providing of proper passage/walking tracks and finally the basic amenities and recommended various steps, development programmes and precautions that can be undertaken by the Government and the Shrine Board to the advantage of all stakeholders, particularly the pilgrims — the Government of India, State of Jammu and Kashmir and the Shrine Board are under a constitutional obligation to provide free movement, protection and health care facilities along with basic amenities and proper tracks to be used by the yatris — specific directions given in addition to the Report of the SHPC to provide a fair opportunity to the pilgrims to complete their yatra to the Holy Cave with human dignity, safety to their lives and with basic amenities being provided to them — petition disposed of.
A) Indian Penal Code, 1860 – Sections 302, 304B and 34 – dowry death — prima facie case under Section 302/34 IPC made out against the accused – the defect in the investigation or omission on the part of the investigation officer cannot prove to be of any advantage to the accused — deliberate attempt on the part of the Investigating Officer to misdirect the evidence and to withhold the material evidence from the Court — also the doctor who conducted the post mortem has failed to discharge his professional obligations in terms of the professional standards expected of him. He has attempted to misdirect the evidence before the Court and has intentionally made it so vague that in place of aiding the ends of justice, he has attempted to help the accused – action should be taken against both these witnesses — appeal dismissed.
B) Criminal Procedure Code, 1973 – Section 313 – defence of alibi — once the Court disbelieves the plea of alibi and the accused does not give any explanation in his statement under Section 313 CrPC, the Court is entitled to draw adverse inference against the accused.
C) Service – disciplinary action — Director General of Police, State of Assam and Director General of Health Services, State of Assam to take disciplinary action against PW1 and PW11, whether they are in service or have since retired.
A) Admission – arbitrariness – favouritism — clear intention to grant admission to less meritorious candidates over candidates of higher merit – contemnor Director of Medical Education violated the schedule, moulding the process of selection to select his daughter and actually providing her a seat in the Medical College – contemnors members of the Selection Committee were to discharge the very onerous duty of ensuring that all the eligible candidates had been informed of the vacancy position and they were also expected to scrutinise the certificates of eligible candidates and recommend admission strictly in order of merit – when the complaint was received, the Ministry as well as the Directorate was expected to act with greater expeditiousness and ought not to have permitted the wrongly granted admissions to continue — all the relevant stakeholders have failed to perform their duty/obligation in accordance with law – contemnor Director and members of Selection Committee punished with fine – Ministry and Directorate of Health Services given warning to be more careful in discharge of their functions and duties.
B) Contempt of Courts Act, 1971 – Section 12(1) Explanation – tendering an apology — not a satisfactory way of resolving contempt proceedings — an apology tendered at the very initial stage of the proceedings being bona fide and preferably unconditional would normally persuade the Court to accept such apology, if this would not leave a serious scar on the dignity/authority of the Court and interfere with the administration of justice under the orders of the Court — an apology which is not bonafide and has been tendered to truncate the process of law with the ulterior motive of escaping the consequences of such flagrant violation of orders of the Court and causes discernible disrespect to the course of administration of justice, cannot be permitted.
Indian Penal Code, 1860 — Section 302, 304 Part I, 498A — murder — conviction and sentence under — challenged — hostile witness — appellant killed his wife by hitting her on her head with a woodenlog — the testimony of a hostile witness is acceptable to the extent it is corroborated by that of a reliable witness — the evidence of the daughter of the deceased coupled with other material as also evidence of other witnesses provided a complete chain and the prosecution successfully proved that the incident occurred in the manner and the place which was alleged — the evidence does not disclose that the appellant had come with a pre-meditated mind to kill his wife, but it was only in course of hot exchange of words and abuses which mindlessly drove him to take the extreme step of beating his wife with a log of wood with such force and intensity that she sustained head injury, profusely bled and finally died on the spot — conviction and sentence of the appellant recorded under Section 302 converted to under Section 304 Part-I I.P.C. — sentence of life imprisonment substituted with a sentence of 10 years imprisonment — appeal partly allowed.
Code of Criminal Procedure, 1973 – Sections 145 and 146 – attachment of property – validity of – Code of Civil Procedure, 1908 – Order XXXIX Rules 1 and 2 read with Section 151 – interim injunction – prayer for — under Section 146(1), a Magistrate can pass an order of attachment of the subject of dispute if it be a case of emergency, or if he decides that none of the parties was in such possession, or he cannot decide as to which of them was in possession — Sections 145 and 146 of the Criminal Procedure Code together constitute a scheme for the resolution of a situation where there is a likelihood of a breach of the peace — Section 146 cannot be separated from Section 145, Cr.P.C. It can only be read in the context of Section 145, Cr.P.C – the Magistrate has to satisfy himself as to whether emergency exists before he passes an order of attachment under Section 146 — a case of emergency has to be distinguished from a mere case of apprehension of breach of the peace – the Magistrate, before passing an order under Section 146, must explain the circumstances why he thinks it to be a case of emergency – held there was nothing to show that there was an emergency so as to invoke the powers under Section 146(1) to attach the property, specially, when the civil court is seized of the matter under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure — order passed by the SDM and the High Court set aside – appeal disposed of.
A) Indian Penal Code, 1860 — Sections 406 and 420 — High Court reversed the acquittal and convicted the accused appellants — appeal — accused persons took loans from the complainant Bank by pledging fake gold ornaments — inordinate delay in filing Revision Applications by the complainant Bank before the High Court by 290 days and the others by 785 days — no register maintained with respect to the gold articles pledged with the Bank showing the weight, the nature of the article, quality of the gold, name of the design etc. for purposes of identification of the articles pledged brought on record by the prosecution — PW-2, the Manager had not called the borrowers/accused to identify the gold articles when the same were found to be fake nor had he informed the accused that the gold ornaments pledged by them were fake — PW-1 admitted that each gold article pledged with the bank will have a chit containing the loan account number, signature of the borrower and the bank officials but in respect of the gold articles exhibited in the court no such chits were found to be affixed — the prosecution failed to prove that the gold ornaments exhibited in the case are the very same articles pledged by the accused — impugned orders of the High Court set aside — appeals allowed.
B) Code of Criminal Procedure, 1973 — Sections 397 read with Section 401 – revisional power – while Section 397 empowers the High court to call for the record of any proceeding before any inferior criminal court within its jurisdiction to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order and such power extends to suspension of execution of any sentence or order and also to release the accused on bail, under Section 401 (3) Cr.P.C. there is an express bar in the High Courts to convert a finding of acquittal into one of conviction. While the revisional power under the Code would undoubtedly vest in the High Court the jurisdiction to set aside an order of acquittal the same would not extend to permit the conviction of the accused. The High Court may, however, order a retrial or a rehearing of the case, as may be, if so justified. orders of the High Court dated 16/11/2010 and 22/3/2011 converting the acquittal of the accused appellants to one of conviction and the sentences imposed on each of them cannot be sustained in law.
Orissa Communal Forest and Private Lands (Prohibition of Alienation) Act, 1948 — ‘Communal land’ or ‘Forest Land’ — High Court held that no legal or valid right accrued to the two appellants under the lease(s) granted in respect of two separate areas of land as claimed by them — High Court did not record any specific finding with regard to the allegations of forgery and fabrication of the case record and the conclusion indicates a mere passive acceptance of the stand projected by the State without any attempt to verify the correct position on the issue — High Court without going into the question whether the case record including the reports and orders passed therein, are forged and fabricated, proceeded on the basis that the land in respect of which claims had been made by the appellant is covered by the provisions of the Act of 1948 and the leases granted, as claimed, were void as the conditions precedent for the grant of such leases, as prescribed by the statute, had not been complied with — impugned order set aside — matter remanded to the High Court for de novo decision — appeals allowed.
Indian Penal Code, 1860 — Section 302 read with Section 34 — murder — common intention — High Court as appellate court, analyzed the evidence as provided in Section 378 of the Code and rightly reversed the order of acquittal and found A-1 and A-2 guilty of offence under Section 302 read with Section 34 IPC for murdering Ramaiah in pursuance of their common intention and awarded sentence of life imprisonment — appeal dismissed.
A) Indian Penal Code, 1860 – Sections 498-A, 304-B, 306 read with Section 34 — Crime Against Women — Dowry Matter — Wife Beating — Suicide — tenor of the judgment of Sessions Judge suggests that wife beating is a normal facet of married life — Judges have to be sensitive to women’s problems — to make light of slaps given to Girija which resulted in loss of her eyesight is to show extreme insensitivity. Assault on a woman offends her dignity. What effect it will have on a woman depends on facts and circumstances of each case. There cannot be any generalization on this issue — it is of course the duty of the court to see that an innocent person is not convicted. But it is equally the duty of the court to see that perpetrators of heinous crimes are brought to book — mindset needs to change — phenomenal rise in crime against women and protection granted to women by the Constitution of India and other laws can be meaningful only if those who are entrusted with the job of doing justice are sensitized towards women’s problems.
B) Evidence Act — Section 113A — the appellant has not been able to rebut presumption under Section 113A of the Evidence Act — Girija committed suicide within seven years from the date of her marriage in her matrimonial home — impact of this circumstance was clearly missed by the trial court — evidence on record establishes that Girija was subjected to mental and physical cruelty by the appellant in their matrimonial home which drove her to commit suicide — appellant is guilty of abetment of suicide — High Court has rightly reversed the judgment of the trial court acquitting the appellant — appeal dismissed.