TULSIRAM KANU Vs. STATE
LAWS(SC)-1951-1-1
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on January 29,1951

TULSIRAM KANU Appellant
VERSUS
STATE Respondents


Cited Judgements :-

THE STATE OF MAHARASHTRA VS. BHIMRAO DAULATRAO KADAM & ORS. [LAWS(BOM)-2017-6-98] [REFERRED TO]
STATE OF MAHARASHTRA VS. BHATU NARAYAN PATIL [LAWS(BOM)-2017-7-74] [REFERRED TO]
STATE OF MAHARASHTRA VS. SAHEBRAO S/O BABURAO JOGDAND [LAWS(BOM)-2017-12-191] [REFERRED TO]
PURSHOTTAM IRON & STEEL INDUSTRIES VS. RAJNEESH GUPTA [LAWS(DLH)-2016-7-165] [REFERRED TO]
MAHENDRASINH BHAGWATSINH JADEJA VS. STATE OF GUJARAT [LAWS(GJH)-2021-11-70] [REFERRED TO]
NEERU SHARMA VS. RAJ KUMAR SHARMA [LAWS(J&K)-2019-5-44] [REFERRED TO]
VINOD VS. STATE OF KERALA [LAWS(KER)-2018-10-435] [REFERRED TO]
STATE OF GUJARAT VS. NAUSHADALI NAJARALI DHANANI [LAWS(GJH)-2022-6-606] [REFERRED TO]
STATE OF GUJARAT VS. RAMSIBACHU SOLANKI [LAWS(GJH)-2022-7-5] [REFERRED TO]
STATE OF GUJARAT VS. V.R. SHUKLA, MANAGER [LAWS(GJH)-2022-7-21] [REFERRED TO]
STATE OF GUJARAT VS. HANIFBHAI BHIKHUBHAI SAMA [LAWS(GJH)-2022-8-82] [REFERRED TO]
STATE OF GUJARAT VS. DHIRAJLAL MOHANLAL [LAWS(GJH)-2022-8-1062] [REFERRED TO]
PANDI VS. STATE [LAWS(MAD)-1996-12-22] [REFERRED TO]
S SELVARAJ VS. STATE [LAWS(MAD)-2001-6-102] [REFERRED TO]
STATE OF ORISSA VS. DHANMATI KISANIN [LAWS(ORI)-1963-12-1] [REFERRED TO]
STATE VS. THANGARAJ [LAWS(MAD)-2019-12-426] [REFERRED TO]
UNION OF INDIA VS. RAIMENTS & GARMENTS INTERNATIONAL [LAWS(MAD)-2020-1-522] [REFERRED TO]
STATE VS. VAZHIVITTAN [LAWS(MAD)-2020-3-207] [REFERRED TO]
CHANDRA BABU VS. STATE OF KERALA [LAWS(KER)-1992-7-2] [REFERRED TO]
GHUREY LAL VS. STATE OF U P [LAWS(SC)-2008-7-104] [REFERRED TO]
ARULVELU VS. STATE [LAWS(SC)-2009-10-6] [REFERRED TO]
DHANAPAL VS. STATE [LAWS(SC)-2009-9-4] [REFERRED TO]
MURALIDHAR @ GIDDA VS. STATE OF KARNATAKA [LAWS(SC)-2014-4-23] [REFERRED TO]
Madan Gopal Kakkad VS. Naval Dubey [LAWS(MPH)-1992-4-42] [REFERRED TO]
SANWAT SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-1960-12-40] [REFERRED]
HARI HARIJAN VS. STATE OF ORISSA [LAWS(ORI)-2011-11-41] [REFERRED TO]
STATE OF HARYANA VS. BALDEV RAJ [LAWS(P&H)-2015-4-295] [REFERRED TO]
KOTAK MAHINDRA BANK LTD. VS. AVANTIKA GROVER [LAWS(P&H)-2015-7-84] [REFERRED TO]
STATE OF PUNJAB VS. JAGTAR SINGH [LAWS(P&H)-2015-7-162] [REFERRED TO]
STATE OF RAJASTHAN VS. SHIV SINGH [LAWS(RAJ)-1960-12-20] [REFERRED TO]
RONNY ALIAS RONALD JAMES ALWARIS VS. STATE OF MAHARASHTRA [LAWS(SC)-1998-3-108] [REFERRED TO]
STATE VS. RAM AUTAR CHAUDHRY [LAWS(ALL)-1954-10-11] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJESH PITAMBAR SONWANE [LAWS(BOM)-2017-6-45] [REFERRED TO]
MANOJBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2019-10-294] [REFERRED TO]
MONOJ SINGH AND RITA MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-5-14] [REFERRED TO]
PASCHIMBANGA BHUMIJIBI KRISHAK SAMITI VS. STATE OF WEST BENGAL [LAWS(CAL)-1996-7-8] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. VARUN KUMAR [LAWS(HPH)-2015-3-43] [REFERRED TO]
SALEEM ALIAS NAWAB ALIAS MOTA AND ORS VS. STATE OF U P [LAWS(ALL)-2008-4-339] [REFERRED]
MAHESH VS. STATE OF NCT OF DELHI [LAWS(DLH)-2012-2-212] [REFERRED TO]
R.P. MENDIRATTA VS. SANDEEP CHOUDHARY [LAWS(DLH)-2015-5-133] [REFERRED TO]
STATE OF GUJARAT VS. HARESH [LAWS(GJH)-2021-9-48] [REFERRED TO]
ARVINDBHAI BECHARDAS PATEL VS. PRAHLADKUMAR RADHESHYAMJI AGRAWAL [LAWS(GJH)-2022-6-866] [REFERRED TO]
STATE OF GUJARAT VS. SATUBHA NATUBHA ZALA [LAWS(GJH)-2022-7-8] [REFERRED TO]
STATE OF GUJARAT VS. AMRUTBHAI MONGHABHAI PARMAR [LAWS(GJH)-2022-7-668] [REFERRED TO]
STATE OF GUJARAT VS. YOGESHBHAI NATHTHUBHAI MAKWANA [LAWS(GJH)-2022-7-671] [REFERRED TO]
STATE OF GUJARAT VS. KOLI DAMJIBHAI MAVJIBHAI RATHOD [LAWS(GJH)-2022-7-1578] [REFERRED TO]
SHRILAL MEGHRAJMAL MULCHANDANI VS. STATE OF GUJARAT [LAWS(GJH)-2022-8-80] [REFERRED TO]
USMANBHAI BABUBHAI MALEK VS. STATE OF GUJARAT [LAWS(GJH)-2022-8-819] [REFERRED TO]
STATE VS. KARUPPANNA THEVAR [LAWS(MAD)-1971-1-24] [REFERRED TO]
STATE VS. ERWADI KASIM [LAWS(MAD)-2019-12-324] [REFERRED TO]
STATE VS. RAHAMATHULLAH KHAN [LAWS(MAD)-2019-12-381] [REFERRED TO]
SIDAK AUTOMOBILES PRIVATE LIMITED VS. RAJ NATH AUTOMATIVE [LAWS(P&H)-2015-3-20] [REFERRED TO]
JASPAL SINGH VS. KAILASH CHAND JAIN [LAWS(P&H)-2015-7-64] [REFERRED TO]
STATE OF U P VS. BANNE ALIAS BAIJNATH [LAWS(SC)-2009-2-215] [REFERRED TO]
GEETA DEVI VS. STATE OF U.P [LAWS(SC)-2022-1-47] [REFERRED TO]
SEWA NAND BRAHAMDUTTA VS. STATE [LAWS(RAJ)-2019-7-10] [REFERRED TO]
STATE OF RAJASTHAN VS. PRABHU [LAWS(RAJ)-1970-8-7] [REFERRED TO]
VIRENDRA SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-2-59] [REFERRED TO]
RAMVRIKSH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-7-61] [REFERRED TO]
STATE OF MAHARASHTRA VS. ANKUSH RANGNATH KOLEKAR [LAWS(BOM)-2017-7-88] [REFERRED TO]
STATE OF MAHARASHTRA VS. GAUTAM FULCHAND SHEJAWAL [LAWS(BOM)-2017-7-360] [REFERRED TO]
STATE OF MAHARASHTRA VS. GULAB DATTU PATIL [LAWS(BOM)-2022-2-17] [REFERRED TO]
RAVINDER P. KUMAR VS. STATE & ORS. [LAWS(DLH)-2016-7-24] [REFERRED TO]
STATE VS. PARVEEN SHARMA AND ORS. [LAWS(DLH)-2015-3-201] [REFERRED TO]
RAJ RANI VS. STATE OF DELHI [LAWS(DLH)-2007-8-18] [REFERRED TO]
MAHESHBHAI FATELAL PATWARI VS. SURESHBHAI LAVJIBHAI DIORA (PATEL) [LAWS(GJH)-2022-6-28] [REFERRED TO]
STATE OF GUJARAT VS. NIMESHBHAI VITTHALBHAI GANDHI [LAWS(GJH)-2022-6-1093] [REFERRED TO]
STATE OF GUJARAT VS. ZALA CHAKUBHA VIJUBHA [LAWS(GJH)-2022-7-194] [REFERRED TO]
STATE OF GUJARAT VS. MAGANLAL KANABHAI GUJAR [LAWS(GJH)-2022-7-890] [REFERRED TO]
STATE OF GUJARAT VS. PARSHOTTAMCHANDRA RAMESHCHANDRA BALANI [LAWS(GJH)-2022-8-499] [REFERRED TO]
STATE OF GUJARAT VS. THAKKAR AJAYKUMAR VASANTLAL AJAYKUMAR VASANTLAL [LAWS(GJH)-2022-8-863] [REFERRED TO]
STATE OF GUJARAT VS. RAJSHIBHAI LAKHMANBHAI SUVA [LAWS(GJH)-2022-9-28] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. VIJAY KUMAR [LAWS(J&K)-2021-7-63] [REFERRED TO]
LIJO JOY @ JOSEPH VS. STATE OF KERALA [LAWS(KER)-2020-12-10] [REFERRED TO]
PRAHLADBHAI AMBALAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-1984-4-11] [REFERRED TO]
JAYANTHI VS. KUMAR [LAWS(MAD)-2020-2-335] [REFERRED TO]
STATE OF U P VS. RAM SAJIVAN [LAWS(SC)-2009-12-4] [REFERRED TO]
STATE VS. MT. KHIMIA [LAWS(MPH)-1956-5-5] [REFERRED TO]
GILBERT TRIVANDRUM VS. STATE OF KERALA REP BY PUBLIC PROSECUTOR [LAWS(KER)-2011-10-55] [REERRED TO]
AMAR SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-361] [REFERRED TO]
CHAWLA ENTERPRISES VS. HARJOT ENGGL. WORKS AND ORS. [LAWS(P&H)-2015-5-91] [REFERRED TO]
SUKHWINDER KAUR VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-359] [REFERRED TO]
PARVINDER VS. SANDEEP AND ORS. [LAWS(P&H)-2015-7-66] [REFERRED TO]
RAGHBIR VS. SOM NATH AND ORS. [LAWS(P&H)-2015-7-72] [REFERRED TO]
NEMI CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-12-30] [REFERRED TO]
MOHAN LAL VS. AJIT SINGH [LAWS(SC)-1978-5-10] [RELIED ON]
GULAB CHAND VS. STATE OF MADHYA PRADESH [LAWS(SC)-1995-3-125] [FOLLOWED]
SALEEM UD DIN VS. STATE [LAWS(DLH)-1971-4-15] [REFERRED]
SAGAR ALIAS DHARAMSINGH ALIAS MOTILAL ALIAS DAKU JAIN ALIAS RAJPUT ALIAS KANJARBHAT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-8-58] [REFERRED TO]
THE STATE OF MAHARASHTRA, THROUGH POLICE STATION BIDKIN, TQ-PAITHAN VS. NIRANJAN S/O SHRIPATRAO JADHAV, AGE28 YEARS, OCCU:BUSINESS, R/O CIDCO, AURANGABAD, N3, PLOT NO. 34, OPPOSITE TO HOTEL AMBASSADOR, AND ORS. [LAWS(BOM)-2017-6-124] [REFERRED TO]
HARILAL TELI VS. CHATURI TELI [LAWS(GAU)-1967-1-4] [REFERRED TO]
STATE OF H P VS. LEKH RAJ [LAWS(HPH)-2018-5-149] [REFERRED TO]
STATE OF GUJARAT VS. RAMDEVSINH GAMBHIRSINH VALA [LAWS(GJH)-2021-11-377] [REFERRED TO]
PUKHARAJ ACHALDAS VS. KANTILAL BHIMRAJ SHAH [LAWS(GJH)-2021-11-400] [REFERRED TO]
BRIJ RAJ TRIPATHI VS. STATE [LAWS(DLH)-2013-7-560] [REFERRED TO]
AVTAR KRISHEN KOUL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(J&K)-2007-3-1] [REFERRED TO]
SHAJAN MATHEW VS. STATE OF KERALA [LAWS(KER)-2018-2-240] [REFERRED TO]
STATE OF GUJARAT VS. BHAVESH BHOGILAL PATEL [LAWS(GJH)-2022-6-793] [REFERRED TO]
STATE OF GUJARAT VS. THAKORBHAI VAJESING BARIYA [LAWS(GJH)-2022-6-1339] [REFERRED TO]
STATE OF GUJARAT VS. RAVAJI LAKHAJI KOLI [LAWS(GJH)-2022-6-1683] [REFERRED TO]
STATE OF GUJARAT VS. BHOPA [LAWS(GJH)-2022-7-38] [REFERRED TO]
STATE OF GUJARAT VS. LAXMANBHAI PUNJABHAI RAMOSIYA [LAWS(GJH)-2022-7-150] [REFERRED TO]
STATE OF GUJARAT VS. PUNALAL DUDABHAI GOL [LAWS(GJH)-2022-7-380] [REFERRED TO]
STATE OF GUJARAT VS. BHARVAD BAMBHVA DALABHAI DHUNABHAI [LAWS(GJH)-2022-8-88] [REFERRED TO]
STATE OF GUJARAT VS. DILIPSINH GULABSINH PARMAR [LAWS(GJH)-2022-9-6] [REFERRED TO]
CHINNAPPAN UDAYAR VS. STATE [LAWS(MAD)-1956-7-38] [REFERRED TO]
STATE VS. T.RETNAPANDIAN [LAWS(MAD)-2020-2-364] [REFERRED TO]
INSPECTOR OF POLICE VS. P.V. BHUPATHI [LAWS(MAD)-2020-1-325] [REFERRED TO]
STATE OF KERALA VS. UNNITHAN [LAWS(KER)-1988-10-60] [REFERRED TO]
UNION TERRITORY LAKSHADWEEP ADMINISTRATION VS. PATTAKKAL SAYED AHAMMED KOYA THANGAL [LAWS(KER)-2016-3-225] [REFERRED TO]
PRADEEP, S/O KRISHNAN VS. STATE OF KERALA REP BY PUBLIC PROSECUTOR [LAWS(KER)-2016-9-74] [REFERRED]
JAGPREET SINGH VS. RAJWINDER KAUR [LAWS(P&H)-2014-8-122] [REFERRED TO]
KAMDHENU ISPAT LTD. VS. V.V.K. AGENCIES AND ANOTHER [LAWS(P&H)-2014-9-227] [REFERRED TO]
STATE OF HARYANA VS. GURMAIL SINGH AND ORS. [LAWS(P&H)-2015-4-24] [REFERRED TO]
GURDIAL SINGH VS. PIARA SINGH AND ORS. [LAWS(P&H)-2015-5-224] [REFERRED TO]
TARVEEN SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-5-436] [REFERRED TO]
SUNITA DEVI VS. SUNIL KUMAR [LAWS(P&H)-2015-5-584] [REFERRED TO]
SWAMI SADANAND JI VS. ARVIND MEHTA AND ORS. [LAWS(P&H)-2015-7-89] [REFERRED TO]
NIDHI SONI VS. VINOD KUMAR AND ORS. [LAWS(P&H)-2015-6-22] [REFERRED TO]
LIMBAJI AND ORD VS. STATE OF MAHARASHTRA [LAWS(SC)-2001-12-45] [REFERRED TO]
STATE OF H P VS. RAJESH SINGH [LAWS(HPH)-2016-10-156] [REFERRED TO]
Gulab Chand VS. State of M.P. [LAWS(MPH)-1995-3-77] [REFERRED TO]
ANWAR ALI AND ANOTHER VS. STATE OF HIMACHAL PRADESH [LAWS(SC)-2020-9-37] [REFERRED TO]
BIJENDER @ MANDAR VS. STATE OF HARYANA [LAWS(SC)-2021-11-3] [REFERRED TO]
STATE OF KARNATAKA VS. YALLAPPA [LAWS(KAR)-2020-1-194] [REFERRED TO]
STATE VS. MOHANLAL [LAWS(RAJ)-1955-4-33] [REFERRED TO]
CHAVALI SHIVAJI VS. GOVT OF A P [LAWS(APH)-1986-10-2] [REFERRED TO]
STATE OF MAHARASHTRA VS. GEETABAI [LAWS(BOM)-2017-6-174] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. LAXMAN S/O KUNDLIK MURKUTE [LAWS(BOM)-2017-6-304] [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND SHALIKRAO WAGHMARE [LAWS(BOM)-2020-8-165] [REFERRED TO]
STATE OF MAHARASHTRA VS. DHANANJAY BHIVDAS PORE [LAWS(BOM)-2022-1-128] [REFERRED TO]
STATE OF GUJARAT VS. SALMABIBI [LAWS(GJH)-2021-12-1290] [REFERRED TO]
MAHESHBHAI AMBALAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-12-1302] [REFERRED TO]
JAGDISHKUMAR KANTILAL SONI VS. STATE OF GUJARAT [LAWS(GJH)-2021-12-1339] [REFERRED TO]
KUSUM LATA VS. STATE AND ORS. [LAWS(DLH)-2016-3-12] [REFERRED TO]
PHOOL CHAND VS. STATE [LAWS(DLH)-2016-5-2] [REFERRED TO]
STATE VS. AJAY KUMAR SHARMA [LAWS(DLH)-2017-8-130] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANTOSH KUMAR [LAWS(HPH)-2016-8-205] [REFERRED TO]
RAMESHKUMAR VITTHALBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-63] [REFERRED TO]
STATE OF GUJARAT VS. RAJENDRAKUMAR KANTILAL CHAUHAN [LAWS(GJH)-2022-6-1112] [REFERRED TO]
STATE OF GUJARAT VS. ASHOKKUMAR MANGILAL SHAH [LAWS(GJH)-2022-7-80] [REFERRED TO]
STATE OF GUJARAT VS. RESHAMSINH SWARANSINH PABLA [LAWS(GJH)-2022-7-236] [REFERRED TO]
STATE OF GUJARAT VS. PATEL BHAGUBHAI [LAWS(GJH)-2022-7-1352] [REFERRED TO]
STATE OF GUJARAT VS. ILESH HIMMATLAL BHUPTANI [LAWS(GJH)-2022-7-1458] [REFERRED TO]
STATE OF GUJARAT VS. ASHOK JAYSUKHLAL BHATELIYA [LAWS(GJH)-2022-8-136] [REFERRED TO]
STATE OF GUJARAT VS. AMRISHKUMAR PARSHOTTAMBHAI PATEL [LAWS(GJH)-2022-9-1] [REFERRED TO]
STATE OF GUJARAT VS. GADHAVI MAHNARDAN HARIDAN [LAWS(GJH)-2022-9-10] [REFERRED TO]
SHIVANNA AND VS. STATE OF KARNATAKA [LAWS(KAR)-1954-9-3] [REFERRED TO]
THANGASWAMI VS. STATE OF TAMIL NADU [LAWS(MAD)-1959-10-2] [REFERRED TO]
SHAHIR VS. STATE OF KERALA [LAWS(KER)-2012-9-117] [REFERRED TO]
RANI KAUR VS. SNEH LATA AND ORS. [LAWS(P&H)-2015-3-278] [REFERRED TO]
KAMAL VS. HARJIT SINGH AND ORS. [LAWS(P&H)-2015-3-362] [REFERRED TO]
RAJ KUMAR VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-5-429] [REFERRED TO]
SOHAN SINGH VS. GURLABH SINGH [LAWS(P&H)-2015-7-73] [REFERRED TO]
MAHTAB SINGH VS. STATE OF U P [LAWS(SC)-2009-4-118] [REFERRED TO]
STATE VS. H.S. SANTHOSH KUMAR AND ANOTHER [LAWS(KAR)-2016-12-35] [REFERRED TO]
Sarveshwar Prasad VS. State of M.P. [LAWS(MPH)-1977-4-15] [REFERRED TO]
NAGABHUSHAN VS. STATE OF KARNATAKA [LAWS(SC)-2021-3-28] [REFERRED TO]
MALA RAM VS. STATE OF RAJ [LAWS(RAJ)-2014-7-216] [REFERRED]
POORAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1978-5-13] [REFERRED TO]
STATE OF U.P. (STATE APPEAL) VS. PREM SHANKAR AND OTHERS [LAWS(ALL)-2017-1-215] [REFERRED TO]
ANANG PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-7-24] [REFERRED TO]
SHATRUHAN SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-2-90] [REFERRED TO]
STATE OF MAHARASHTRA VS. DASHRATH S/O VISHWANATH [LAWS(BOM)-2017-7-23] [REFERRED TO]
STATE OF MAHARASHTRA VS. GOVARDHAN VITHAL GOVANDE [LAWS(BOM)-2017-7-91] [REFERRED TO]
STATE OF MAHARASHTRA VS. LILABAI SURESH SOPAN PAWAR [LAWS(BOM)-2018-3-106] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJARAM GULABRAO KENJALE [LAWS(BOM)-2019-7-317] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMRAKSHA CHHATRADHARI SINGH [LAWS(BOM)-2022-2-34] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJARAM SAKHARAM PAWAR [LAWS(BOM)-2022-2-73] [REFERRED TO]
MAYA CHANCHAL VS. STATE [LAWS(DLH)-2011-8-272] [REFERRED TO]
JAI VEER SINGH VS. STATE [LAWS(DLH)-2013-7-233] [REFERRED TO]
THE STATE OF MAHARASHTRA AND ORS. VS. ARMAN GULZAR TADVI AND ORS. [LAWS(BOM)-2015-3-42] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. GOVIND SHANKARRAO KOHALE AND ORS [LAWS(BOM)-2017-12-29] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SAHEBRAO S/O. BABURAO JOGDAND [LAWS(BOM)-2017-12-66] [REFERRED TO]
STATE OF H.P. VS. RAMESH CHAND [LAWS(HPH)-2016-7-66] [REFERRED TO]
JUBILEE HOTELS PVT.LTD, VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-74] [REFERRED TO]
STATE OF ORISSA VS. DAYANIDHI BISOI [LAWS(ORI)-2002-9-3] [REFERRED TO]
SHRI AMRUTBHAI DALSUKHRAM NAYAK VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-19] [REFERRED TO]
STATE OF GUJARAT VS. FATABHAI PASHABHAI RATHOD [LAWS(GJH)-2022-7-20] [REFERRED TO]
STATE OF GUJARAT VS. JUBER KASAM BHOKAL [LAWS(GJH)-2022-7-1323] [REFERRED TO]
JASODABEN MAGANBHAI RATHVA VS. JIGNESHKUMAR JAYANTIBHAI MODI [LAWS(GJH)-2022-8-7] [REFERRED TO]
ADAMBHAI SULEMANBHAI AJMERI VS. STATE OF GUJARAT [LAWS(SC)-2014-5-53] [REFERRED TO]
SIKKU @ MADHAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-271] [REFERRED TO]
TIRATH KALIA VS. ANDRESH [LAWS(P&H)-2015-3-18] [REFERRED TO]
THE HISAR TULSI COOP. NON-AGRICULTURAL THRIFT & CREDIT SOCIETY LIMITED VS. SUMAN LATA CHAUDHARY [LAWS(P&H)-2015-3-19] [REFERRED TO]
KISHAN SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-8-5] [REFERRED TO]
STATE OF PUNJAB VS. HARNEK SINGH & OTHERS [LAWS(P&H)-2012-7-329] [REFERRED]
STATE OF U.P. VS. INDRA PAL & OTHERS [LAWS(ALL)-2017-5-360] [REFERRED TO]
STATE OF MAHARASHTRA VS. SUBHASH BALAJI KAIBANDE [LAWS(BOM)-2017-7-6] [REFERRED TO]
STATE OF MAHARASHTRA VS. NARAYAN S/O KISAN MOTE [LAWS(BOM)-2018-4-3] [REFERRED TO]
STATE OF MAHARASHTRA VS. VILAS NARAYAN JAGTAP [LAWS(BOM)-2021-11-39] [REFERRED TO]
STATE OF MAHARASHTRA VS. BALASAHEB KASHINATH SHENDAGE [LAWS(BOM)-2015-2-114] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. DEVIDAS KISHANRAO MORE AND ORS. [LAWS(BOM)-2015-6-57] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. RAGHUNATH RAMCHANDRA SABLE [LAWS(BOM)-2015-6-131] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SANTOSH BABAN MADHE [LAWS(BOM)-2015-7-3] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJEEV KUMAR [LAWS(HPH)-2016-8-305] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOOL CHAND [LAWS(HPH)-2018-7-80] [REFERRED TO]
STATE OF GUJARAT VS. DAHYABHAI KALIDAS PARMAR [LAWS(GJH)-2021-10-172] [REFERRED TO]
STATE OF GUJARAT VS. HARPALSINH VIKRAMSINH JADEJA [LAWS(GJH)-2021-10-1477] [REFERRED TO]
STATE OF GUJARAT VS. DHIRUBHAI EBHALBHAI MAYADA AHIR [LAWS(GJH)-2021-10-1481] [REFERRED TO]
STATE OF J&K VS. ZAKIR HUSSAIN AND OTHERS [LAWS(J&K)-2019-6-8] [REFERRED TO]
PYARE LAL VS. STATE(GOVT. OF NCT) DELHI [LAWS(DLH)-2014-8-132] [REFERRED TO]
NARENDER SINGH VS. STATE NCT OF DELHI [LAWS(DLH)-2014-8-161] [REFERRED TO]
GANESH KUMAR VS. STATE [LAWS(DLH)-2014-8-192] [REFERRED TO]
PALAN VS. STATE [LAWS(KER)-1973-7-17] [REFERRED TO]
ASHWIN H. ACHARYA VS. ASHOKUMAR VITHALBHAI [LAWS(GJH)-2022-7-4] [REFERRED TO]
STATE OF GUJARAT VS. BALVANTSINH AMARSINH RAJ [LAWS(GJH)-2022-8-139] [REFERRED TO]
STATE OF GUJARAT VS. LALJIBHAI AJUBHAI KHATANA(RABARI) [LAWS(GJH)-2022-9-20] [REFERRED TO]
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I.P. VASISHTH, (RETD. JUDGE ALLAHABAD HIGH COURT) VS. THE STATE OF HARYANA [LAWS(P&H)-2005-2-151] [REFERRED TO]
THOMAS VS. STATE OF KERALA [LAWS(KER)-2014-11-212] [REFERRED TO]
MANIKANDAN VS. STATE OF KERALA [LAWS(KER)-2018-1-24] [REFERRED TO]
STATE OF MADHYA PRADESH VS. NARESH @ NARBADA, S/O KOMAL SINGH [LAWS(MPH)-2017-11-246] [REFERRED TO]
JASBIR SINGH VS. RAJ KUMAR AND ORS. [LAWS(P&H)-2015-3-49] [REFERRED TO]
BHUPINDER SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-277] [REFERRED TO]
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MANPREET SINGH VS. SARABJEET SINGH AND ORS. [LAWS(P&H)-2015-5-140] [REFERRED TO]
R.NAVANEETHA KRISHNAN VS. STATE, BY THE INSPECTOR OF POLICE, MANGALAM POLICE STATION, CRIME NO.1288 OF 2011, MANGALAM, TIRUPUR DISTRICT [LAWS(MAD)-2016-6-277] [REFERRED TO]
MURUGESAN VS. STATE [LAWS(SC)-2012-10-35] [REFERRED TO]
RAJBIR VS. NORANG [LAWS(P&H)-2015-5-586] [REFERRED TO]
STATE OF U.P. VS. GIRISH PAL [LAWS(ALL)-2017-5-211] [REFERRED TO]
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PREM SHANKER VS. STATE [LAWS(ALL)-1976-12-37] [REFERRED TO]
ABDUL REHMAN FAKIR MOHAMMAD DURANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-1-27] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SOPAN S/O BANSHI KHALGE, [LAWS(BOM)-2017-6-325] [REFERRED TO]
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STATE OF MAHARASHTRA VS. VYANKATI JANARDHAN DHAKNE [LAWS(BOM)-2017-7-100] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH PUBLIC PROSECUTOR VS. BHAGIRATH MAHADEO BHOSALE [LAWS(BOM)-2017-9-251] [REFERRED TO]
STATE OF MAHARASHTRA VS. OMPRAKASH @ MUNNA ALIYAR SINGH [LAWS(BOM)-2022-2-44] [REFERRED TO]
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BRAHMBHATT KALICHARAN BABUBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-26] [REFERRED TO]
GAURANGBHAI LALBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-1711] [REFERRED TO]
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JUDGEMENT

- (1.)This is an appeal from the judgment and order of the High Court at Nagpur, reversing the judgment and order of the Additional Sessions Judge, Bhandara, and convicting the appellant for the offence of murder and passing a sentence of death on him under S. 302, Penal Code. The brief facts are these.
One Kawadu had taken two mango tress on rent from the owners. He used to watch the fruits during the daytime and returned to his house in the evening. On 26-5-1949 he went as usual from his residence to watch the trees and went home for his mid-day meal. After taking his meal he went to resume his watch but did not return home in the evening. His wife therefore got anxious and with some others went to the place where Kawadu used to sit. They found Kawadu lying dead about a few yards away from the hut which he had constructed near the trees. Certain gold ornaments which he used to wear on his ears were found missing. A report of the death was made and police investigation followed. In spite of various visits of the police officers to the site and inquiries made in the village, nothing was traced.

On 28-10-1949, i.e., about five months after the death of Kawadu the appellant was arrested. When his house was searched one knife with a wooden handle, one white and dirty piece of dhoti suspected to have blood stains and one rested axe, without handle, found buried three feet below the ground in the kitchen, were taken possession of by the police. On the same day another white dirty dhoti 4 1/2 cubits long suspected to have stains of blood in the middle, here and there was also taken charge of by the police from the brother of the appellant. On 30th October the police seized from on Mangroo certain ear ornaments which appeared to have old blood like marks here and there. On 31st October they further seized from the house of the appellant one crowbar of iron and a receipt dated 25-9-1949 in respect of payment of tax for a she-buffalo.

The appellant was taken before Mr. Bhuskute, Magistrate 1st Class, Sakoli, on 9-11-1949 for recording his confession. The Magistrate warned the applicant that he was not bound to make any confession and if he made one it might be used against him. He was given time to reflect without disturbance till the next day and was told that he should not be influenced by any consideration in stating what he wanted to state the next day. He was ordered to be kept separate in the magisterial lock-up away from other under trials but not as to amount to solitary confinement. The record shows that he was kept in the magisterial lock-up but in charge of the police and was taken to the Magistrate again the next day in the custody of Baharam, an orderly. On that day, the Magistrate again told him that he need not say anything unless he freely wished to do so. The appellant told the Magistrate that the police were after him for the last nine or ten days and he was arrested on Sunday the 30th October 1949.

In answer to the Magistrate's question whether the police gave him any threat, he stated that they did not allow him to sleep for three days and did not allow him to take meals. They applied leeches to his thighs and thrashed him. In answer to the next question whether anybody had told him that he would be let off or have a lighter punishment awarded to him if he made a confession, he answered in the affirmative and stated that the police people had told him that they would let him off in case he made a confession. He was next asked, if so, why he wanted to make a statement and whether he wished to do so at the instance of somebody or voluntarily. His answer was that he wished to make statement of his free will and pleasure. The Magistrate thereupon put on record that on 10th of November he was satisfied that the appellant was free from all threats and inducements and insisted on making a statement and therefore recorded his confession on that day.

In substance the confession is that on 26th May he had gone to the jungle at 10 or 11 o'clock in the morning to dig out roots. He dug them till 2 o'lock and prepared a bundle. When he was coming home, with the bundle on his head, he found the dead body of Kawadu under a tree. On seeing him dead he removed the gold that was in the ears of the dead man and brought it home. He left the gold with his brother-in-law and later on gave them to the police. In answer to a further question of the Magistrate whether he wanted to say anything more the appellant stated as follows :

"I have not beaten (Killed) the old man. Because the police threshed me, I out of fear stated that I had struck with a crowbar but it is not true. I have not committed the murder."

(2.)After the committal proceedings, the appellant was tried before the Sessions Judge with four assessors. He was charged with offence of murder under S. 302 and with dishonestly misappropriating property possessed by the said. Kawadu at the time of his death, under S. 404, I.P.C. The assessors unanimously found the appellant not guilty of any offence. The Sessions Judge in a detailed and considered judgment also found the appellant not guilty of any offence and acquitted him. The State Government appealed to the High Court and the High Court reversed the finding of the Sessions Judge and convicted the appellant of the offence of murder and sentenced him to death. The matter was fully argued before us in detail and as in our opinion the conclusion of the High Court was not correct we direct that the appellant be set at liberty and we now give our reasons for our conclusion.
(3.)The case of the prosecution before the Sessions Judge was that three or four days before 26-5-1949 the appellant had told the deceased that he should not wear gold ornaments as someone might murder him for the same. It was alleged that the deceased reported this to his wife and another witnesses. On the day in question the appellant was seen at about 10 a.m. digging roots with an axe and a crowbar about 40 paces away from the spot where the deceased was sitting. There is no evidence thereafter of the movements of the appellant. The post-mortem examination of the body of the deceased that his stomach was empty and at the time of his death was therefore fixed between 4 and 5 p.m. The post-mortem examination further showed that there was a punctured wound on the head which might have been caused by a blow with an axe when the deceased was in a standing position. The fracture of ribs was stated to be possible when the deceased was in a reclining position. The evidence of Somku (P. W. 8) who had gone in the jungle to collect some firewood shows that the appellant was digging roots not far away from where the deceased was sitting, at about 10 a.m. The brother-in-law of the appellant, Mangroo, produced certain ear ornaments which the widow and two other witnesses identified as ornaments the deceased was habitually wearing.
The Session Judge, after noticing that there were no eye-witnesses, summarized the entire circumstantial evidence under four heads : (1) the alleged statement of the deceased about the appellant telling him not to were the ornaments lest somebody may murder him to rob him of the ornaments : (2) the presence of the appellant at about 10 a.m. digging roots with an axe and a crowbar 49 paces away from the spot where the deceased was sitting : (3) discovery of the axe and the ornaments; (4) recovery of blood stained pieces of cloth. He also took notice of the confession made by the appellant. After considering these in detail he came to the conclusion that the evidence was not sufficient for the conviction of the appellant.

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