NANAK GHANCI Vs. STATE OF PUNJAB
LAWS(SC)-1955-1-1
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
January 25,1955
NANAK GHANDHI
Appellant
VERSUS
STATE OF PUNJAB
Respondents
Cited Judgements :-
DHANNA KANHIYALAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-1996-7-139] [REFERRED TO]STATE OF BIHAR VS. RAHIM NADAF [LAWS(PAT)-1956-7-17] [REFERRED TO]
RAM CHANDRA MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2010-4-30] [REFERRED TO]
UMESH CHARAN GHUSAIN VS. STATE [LAWS(UTN)-2008-4-3] [REFERRED TO]
GURSHARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1992-7-86] [REFERRED TO]
DARA SINGH VS. STATE OF ORISSA [LAWS(ORI)-2022-9-43] [REFERRED TO]
VIKAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2000-5-36] [REFERRED]
SHAITAN RAM CHOUDHARY VS. GENERAL MANAGER (PERSONNEL DEPTT.), UCO BANK [LAWS(RAJ)-2009-1-278] [REFERRED TO]
BRAJESWAR SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-8-86] [REFERRED TO]
KELU NAIR VS. STATE OF KERALA [LAWS(KER)-2005-1-69] [REFERRED TO]
BADAL GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-8-16] [REFERRED TO]
BADAL GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-8-16] [REFERRED TO]
SUNIL KUMAR PAUL VS. STATE OF WEST BENGAL [LAWS(SC)-1964-3-62] [DISTINGUISHED]
MADAN MOHAN MOHAPATRA VS. STATE [LAWS(ORI)-1956-1-6] [REFERRED TO]
AMRIK SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1986-4-22] [REFERRED TO]
MANGTU VS. STATE OF HARYANA [LAWS(P&H)-1986-5-30] [REFERRED TO]
SANTHU VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-213] [REFERRED TO]
SHAKTI SINGH VS. STATE [LAWS(ALL)-2007-6-13] [REFERRED TO]
UMESH CHARAN GOSAIN VS. STATE [LAWS(ALL)-2008-4-80] [REFERRED TO]
MINAKSHI VS. STATE OF PUNJAB [LAWS(P&H)-2001-3-40] [REFERRED TO]
MISHRILAL VS. STATE OF M P [LAWS(MPH)-1995-2-46] [RELIED ON]
LALCHAND B PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-3-7] [REFERRED TO]
OM PRAKASH VS. STATE [LAWS(ALL)-1955-10-1] [REFERRED TO]
ARIF YUSUF SAB DESHMUKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-1996-8-90] [REFERRED TO]
RAMDEV VS. STATE OF RAJASTHAN THROUGH ITS PUBLIC PROSECUTOR [LAWS(RAJ)-2009-11-144] [REFERRED TO]
MOTI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1984-4-3] [REFERRED TO]
KEDARNATH SINGH VS. STATE [LAWS(RAJ)-1955-10-8] [REFERRED TO]
STATE VS. BABULAL AND BHERUMAL [LAWS(RAJ)-1955-11-7] [REFERRED TO]
KALYAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-3-50] [REFERRED TO]
SURESH DADARAO KAPSE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-8-145] [REFERRED TO]
SHYAM LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2002-1-6] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MAHESHI ALIAS MAHESH [LAWS(HPH)-1995-8-8] [REFERRED TO]
MANOJ KUMAR ALIAS FANTUS VS. STATE OF BIHAR [LAWS(PAT)-1991-7-8] [REFERRED TO]
DIWAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-7-64] [REFERRED TO]
SUNIL KUMAR VS. STATE [LAWS(DLH)-2020-9-103] [REFERRED TO]
STATE OF PUNJAB VS. DARSHAN SINGH [LAWS(P&H)-1992-4-36] [REFERRED TO]
ZINA KALU VS. STATE OF GUJARAT [LAWS(GJH)-2019-10-264] [REFERRED TO]
MANNAM VENKATADARI VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1971-4-34] [RELIED UPON]
SHIV NARAYAN AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-50] [REFERRED TO]
STALE OF ORISSA VS. B KHALLI PATRO [LAWS(ORI)-1985-7-12] [REFERRED TO]
BRUNDABAN SWAIN VS. STATE [LAWS(ORI)-1957-2-1] [REFERRED TO]
RAGHUNATH DAS AND 2 ORS. VS. THE STATE [LAWS(ORI)-1967-6-9] [REFERRED TO]
SHAUKAT ALI ANSARI VS. STATE OF BIHAR (NOW JHARKHAND) [LAWS(JHAR)-2017-5-83] [REFERRED TO]
SHAKTI SINGH VS. STATE [LAWS(UTN)-2007-6-49] [REFERRED TO]
RAMESH CHANDRA DAS & AJIT KUMAR BANERJEE VS. UNION OF INDIA [LAWS(CAL)-1987-11-26] [REFERRED TO]
RADHA KISHAN YAD RAM VS. STATE [LAWS(P&H)-1968-10-4] [REFERRED TO]
RASHID SUHAIL SIDDIQUI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-7-1] [REFERRED TO]
RANDHIRSINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-8-34] [REFERRED TO]
DILIP DAS AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-3-59] [REFERRED TO]
PAL SINGH VS. STATE OF PUNJAB [LAWS(SC)-2014-2-51] [REFERRED TO]
BHOOR SINGH VS. STATE OF PUNJAB [LAWS(SC)-1974-2-58] [EXPLAINED]
SARDARA SINGH AND ANOTHER VS. THE STATE [LAWS(P&H)-1961-10-20] [REFERRED TO]
BHANWAR LAL VS. STATE OF RAJASTHAN THROUGH ITS PUBLIC PROSECUTOR [LAWS(RAJ)-2009-10-172] [REFERRED TO]
VENKATA RAMANASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2016-12-97] [REFERRED TO]
KAJAL SEN VS. STATE OF ASSAM [LAWS(GAU)-1999-6-14] [REFERRED TO]
VIPAN KUMAR AND ORS. VS. THE STATE OF HIMACHAL PRADESH [LAWS(HPH)-1995-6-20] [REFERRED TO]
DES RAJ VS. STATE OF PUNJAB [LAWS(P&H)-1986-7-19] [REFERRED TO]
MOHD SHAFI DAR VS. STATE [LAWS(J&K)-2010-2-3] [REFERRED TO]
MOTIRAM RAMCHANDRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2007-5-28] [REFERRED TO]
PUNDALIK RAMCHANDRA VS. STATE [LAWS(BOM)-2010-10-308] [REFERRED]
KRISHNAN VS. KUNHAMBU NAIR [LAWS(KER)-1984-2-28] [REFERRED TO]
MUKESH AND ORS. VS. STATE AND ORS. [LAWS(DLH)-2015-4-105] [REFERRED TO]
Kasireddi Ghinna Suhbireddi VS. STATE [LAWS(APH)-1955-8-8] [REFERRED TO]
SHAIK BADE VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2010-12-60] [REFERRED TO]
ARBIND KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-1989-7-22] [REFERRED TO]
SOMASUNDARAM VS. STATE [LAWS(SC)-2020-6-3] [REFERRED TO]
STATE OF ORISSA VS. S KHALLI PATRO [LAWS(ORI)-1985-7-32] [REFERRED TO]
NEMAI ADAK VS. STATE [LAWS(CAL)-1964-4-20] [REFERRED TO]
CHUN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-2-137] [REFERRED TO]
NACHHATTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1992-10-44] [DISTINGUSHED ON (DISTINGUISHED). 2.]
LAXMAN GANPAT PAREKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-10-182] [REFERRED TO]
ANIL URAON VS. STATE OF BIHAR [LAWS(PAT)-2010-4-574] [REFERRED TO]
RAMAUTAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2001-9-96] [REFERRED TO]
STATE OF KARNATAKA VS. ESHWARAIAH [LAWS(KAR)-1987-4-6] [REFERRED TO]
RAJU AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-8-114] [REFERRED TO]
RAJ KISHOR BEHERA VS. STATE OF ODISHA [LAWS(ORI)-2022-8-91] [REFERRED TO]
JAGMAL SINGH VS. THE STATE OF HARYANA [LAWS(P&H)-1979-2-26] [REFERRED TO]
BHOPAL SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1968-2-5] [REFERRED TO]
GIRDHARI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1983-2-3] [REFERRED TO]
SURAJ AND OTHERS VS. STATE [LAWS(DLH)-2013-5-618] [REFERRED]
Dhanna VS. State of M.P. [LAWS(MPH)-1996-7-109] [REFERRED TO]
JAI NARAIN VS. ZILEY SINGH [LAWS(DLH)-1981-7-18] [REFERRED]
RAJENDRA SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1959-8-28] [REFERRED TO]
GURA SINGH VS. STATE [LAWS(RAJ)-2009-2-86] [REFERRED TO]
KASIREDDY CHINNA SUBBIREDDY VS. STATE [LAWS(APH)-1955-8-14] [REFERRED TO]
SURAT LAL YADAV VS. STATE OF BIHAR [LAWS(PAT)-1988-12-9] [RELIED ON]
TIKA RAM CHETTRI VS. STATE OF SIKKIM [LAWS(SIK)-2010-5-4] [REFERRED TO]
MANGU VS. STATE OF RAJASTHAN [LAWS(RAJ)-1976-8-1] [REFERRED TO]
PITAMBAR VS. STATE OF ORISSA [LAWS(ORI)-1984-9-8] [REFERRED TO]
HIMIRIKA LOKANATH VS. STATE [LAWS(ORI)-1962-7-5] [REFERRED TO.]
MARDANSINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1962-8-17] [REFERRED TO]
BIJU, S/O.CHANDRAN VS. STATE OF KERALA [LAWS(KER)-2017-11-2] [REFERRED TO]
KANAI MISTRY VS. STATE [LAWS(CAL)-1995-4-10] [REFERRED TO]
SAMPURAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-1986-4-29] [REFERRED TO]
DIWAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-1991-10-1] [REFERRED TO]
AMIR CHAND KAUSHAL VS. UNION TERRITORY ADMN. [LAWS(P&H)-1991-9-194] [REFERRED TO]
SADDAK HUSSAIN VS. STATE (NCT OF DELHI) [LAWS(DLH)-2019-5-155] [REFERRED TO]
DEEPAK SARNA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2018-10-526] [REFERRED TO]
PREMSING JOGSING VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-10-274] [REFERRED TO]
ABUBAKER VS. STATE OF KERALA [LAWS(KER)-1962-7-18] [REFERRED TO]
DAMODARAN SADANANDAN VS. STATE OF KERALA [LAWS(KER)-1966-9-8] [REFERRED TO]
SHIVAPRASAD @ SHIVA S/O NARASAIAH VS. STATE BY BANASAWADI POLICE BANGALORE [LAWS(KAR)-2018-6-421] [REFERRED TO]
MOHD RAFIQ VS. STATE OF U P [LAWS(ALL)-2008-9-114] [REFERRED TO]
RAJARAM VS. STATE OF M P [LAWS(MPH)-2008-11-107] [REFERRED TO]
REBATI BAIDYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-10-27] [REFERRED TO]
ANNA REDDY SAMBASIVA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2009-4-218] [REFERRED TO]
STATE OF BIHAR VS. SHANKAR KANU ALIAS SHANKAR SAO [LAWS(PAT)-2010-4-31] [REFERRED TO]
HARIHAR PAIK VS. STATE [LAWS(ORI)-1984-12-9] [REFERRED TO]
CHAINSUKHLAL PUNAMCHAND MEHER VS. STATE OF MAHARASHTRA [LAWS(BOM)-1968-12-20] [REFERRED TO]
RAMESH CHANDRA MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-1991-3-6] [REFERRED TO]
DWIJABAR ALIAS DWIJAPADA HALDER VS. STATE [LAWS(CAL)-1996-5-2] [REFERRED TO]
SURAJ NARAIN SINGH VS. NIRPAT SINGH [LAWS(PAT)-1960-12-15] [REFERRED TO]
SUFIAR RAHAMAN @ SK SUFIAR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-5] [REFERRED TO]
PUNNA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1995-7-18] [REFERRED TO]
STATE VS. SADHU SINGH PAHUSINGH [LAWS(MPH)-1956-11-8] [REFERRED TO]
SIDDHAPPA ANDAPPA ANDOLGI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-182] [REFERRED TO]
RAJAPPAN VS. STATE OF KERALA [LAWS(KER)-1980-11-29] [REFERRED TO]
ANITA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2012-4-227] [REFERRED TO]
JUDGEMENT
-
(1.)- This appeal by Nanak Chand comes by special leave against the judgment of the Punjub (1) High Court. The appellant was convicted by the High Court under S. 302, I. P. C. and the sentence of death passed on him by the Additional Sessions Judge of Jullundur was confirmed.
(2.)On the facts alleged by the prosecution there can be no doubt that Sadhu Ram was killed on 5-11-1953, at about 6-45 P.M. at the shop of Vas Dev P. W. 2. It is alleged that the appellant along with others assaulted Sadhu Ram. The appellant was armed with a takwa. Numerous injuries were found on the person of Sadhu Ram.
According to the doctor, who held the postmortem examination injuries 1, 3 and 4 were due to a heavy sharp edged weapon and could be caused by a takwa. It was denied by the prosecution that the deceased was assaulted by any other person with a takwa. According to the Medical evidence, injuries 1, 3 and 4 individually, as well as collectively, were enough to cause death in the ordinary course of nature.
(3.)In the Court of Sessions the appellant along with others was charged under S. 148 and S. 302, read with S. 149, I. P. C. The Additional Sessions Judge, however, held that the charge of rioting was not proved. He accordingly found the appellant and three others guilty under S. 302, read with S. 34, I. P. C. He acquitted the other three accused.
There was an appeal by three convicted persons to the High Court and the High Court convicted the appellant alone under S. 302, I. P. C., confirming the sentence of death but altered the conviction of the other accused from S. 302/34 to S. 323, I. P. C. It held that the provisions of S. 34, I. P. C. did not apply.
(2.)On the facts alleged by the prosecution there can be no doubt that Sadhu Ram was killed on 5-11-1953, at about 6-45 P.M. at the shop of Vas Dev P. W. 2. It is alleged that the appellant along with others assaulted Sadhu Ram. The appellant was armed with a takwa. Numerous injuries were found on the person of Sadhu Ram.
According to the doctor, who held the postmortem examination injuries 1, 3 and 4 were due to a heavy sharp edged weapon and could be caused by a takwa. It was denied by the prosecution that the deceased was assaulted by any other person with a takwa. According to the Medical evidence, injuries 1, 3 and 4 individually, as well as collectively, were enough to cause death in the ordinary course of nature.
(3.)In the Court of Sessions the appellant along with others was charged under S. 148 and S. 302, read with S. 149, I. P. C. The Additional Sessions Judge, however, held that the charge of rioting was not proved. He accordingly found the appellant and three others guilty under S. 302, read with S. 34, I. P. C. He acquitted the other three accused.
There was an appeal by three convicted persons to the High Court and the High Court convicted the appellant alone under S. 302, I. P. C., confirming the sentence of death but altered the conviction of the other accused from S. 302/34 to S. 323, I. P. C. It held that the provisions of S. 34, I. P. C. did not apply.
Copyright © Regent Computronics Pvt.Ltd.