BUDHSEN Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1970-5-4
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 06,1970

BUDHSEN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

ANANT CHINTAMAN LAGU VS. STATE OF BOMBAY [REFERRED TO]



Cited Judgements :-

FIRASAT VS. STATE OF U.P. [LAWS(ALL)-2020-1-219] [REFERRED TO]
SANT RAM PANDEY AND OTHERS VS. STATE [LAWS(ALL)-2016-8-40] [REFERRED TO]
ANIL CHOTULAL SHARMA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-30] [REFERRED TO]
RAVINDRA @ RAVISONKAR VS. STATE OF C.G. [LAWS(CHH)-2024-4-80] [REFERRED TO]
ANIL SHASHIKANT ALVE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-10-41] [REFERRED TO]
SOMNATH DEKA VS. STATE OF ASSAM [LAWS(GAU)-2006-9-59] [REFERRED TO]
RAMBIR SINGH VS. STATE OF TRIPURA [LAWS(GAU)-2008-4-31] [REFERRED TO]
TITAN DEY VS. STATE OF TRIPURA [LAWS(GAU)-2011-8-29] [REFERRED TO]
CHANDRAPRAKASH ABHAYRAJ KAHAR VS. STATE OF GUJARAT [LAWS(GJH)-1998-3-84] [REFERRED TO]
HARDWARI LAL VS. STATE [LAWS(DLH)-2009-11-5] [REFERRED TO]
KURUCHIYAN KUNHAMAN VS. STATE OF KERALA [LAWS(KER)-1974-1-23] [REFERRED TO]
STATE VS. SUBRAMANI [LAWS(MAD)-1989-12-32] [REFERRED TO]
STATE OF UTTAR PRADESH VS. BOOTA SINGH [LAWS(SC)-1978-8-22] [EXPLAINED]
RONNY ALIAS RONALD JAMES ALWARIS VS. STATE OF MAHARASHTRA [LAWS(SC)-1998-3-108] [DISTINGUISHED]
RAM EKBAL RAI S/O HARKHAN RAI VS. STATE OF BIHAR WITH [LAWS(PAT)-2009-8-102] [REFERRED TO]
STATE OF ORISSA VS. KALIA [LAWS(ORI)-1986-1-10] [REFERRED TO]
SIDHA DEHURY VS. STATE [LAWS(ORI)-1981-10-4] [REFERRED TO]
STATE OF ORISSA VS. CHHAGANLAL SUNDARKA [LAWS(ORI)-1975-8-10] [REFERRED TO]
SEETHARAMAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-10-282] [REFERRED TO]
STATE OF RAJASTHAN VS. SAIFUR @ SAIFUR REHMAN ANSARI S/O ABDUL REHMAN ANSARI [LAWS(RAJ)-2023-3-215] [REFERRED TO]
DARSHAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2009-1-7] [REFERRED TO]
AJMER SINGH ALIAS RANA VS. STATE OF PUNJAB [LAWS(P&H)-2009-1-40] [REFERRED TO]
BISWAJIT DAS VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2013-9-14] [REFERRED TO]
AKHAYA DAS AND ORS. VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2018-5-94] [REFERRED TO]
JAHAN SINGH AND ANOTHER VS. STATE OF RAJASTHAN [LAWS(RAJ)-1976-4-30] [REFERRED TO]
SIMON VS. STATE OF KARNATAKA [LAWS(SC)-2004-1-79] [REFFERD TO]
RAM SHANKER VS. STATE OF U.P. [LAWS(ALL)-2020-8-21] [REFERRED TO]
CHHOTEY SHAH VS. STATE [LAWS(ALL)-2016-8-52] [REFERRED TO]
CHHOTEY SHAH VS. STATE [LAWS(ALL)-2016-8-52] [REFERRED TO]
HABAL SHAIKH VS. STATE [LAWS(CAL)-1990-4-10] [REFERRED TO]
RAFIKUL ALAM SK SIDDIQUE SK SUJIT ALIAS NAFIJUL MD SALIM ANDSK MORSHED ALIAS MORAI VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-12-43] [REFERRED TO]
RAMPAL TEWARI VS. STATE OF U P [LAWS(ALL)-1985-12-10] [REFERRED TO]
ISRAR VS. STATE [LAWS(ALL)-1979-12-28] [REFERRED TO]
ADESH KUMAR VS. STATE [LAWS(DLH)-1985-4-4] [REFERRED]
MANOJ KUMAR VS. STATE OF M P [LAWS(CHH)-2011-8-10] [REFERRED TO]
BAIJU BABY VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2009-1-12] [REFERRED TO]
STATE OF MAHARASHTRA VS. NAKUL TRIMBAK BHANGARE AND ORS. [LAWS(BOM)-2020-9-245] [REFERRED TO]
STATE OF TRIPURA VS. ASHOK DEBBARMA @ ACHAK DEB-BARMA [LAWS(GAU)-2012-9-37] [REFERRED TO]
AMRISH RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-8-22] [REFERRED TO]
N HARIHARAN ALIAS HARI VS. STATE [LAWS(MAD)-2008-11-82] [REFERRED TO]
SUDHI VS. STATE OF KERALA [LAWS(KER)-2022-3-42] [REFERRED TO]
RAM NIWAS VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-12-92] [REFERRED TO]
BATHIA VS. STATE OF M P [LAWS(MPH)-2012-7-244] [REFERRED TO]
KAMAL SINGH VS. STATE OF H.P. [LAWS(HPH)-2024-11-4] [REFERRED TO]
RANJEET SINGH GILL VS. STATE [LAWS(DLH)-2009-2-58] [REFERRED TO]
STATE OF DELHI VS. SIDHARTHA VASHISHT [LAWS(DLH)-2006-12-91] [REFERRED TO]
JAWAHAR KOIRYalias JAWAHAR SINGHalias VS. STATE OF BIHAR [LAWS(PAT)-2010-3-212] [REFERRED TO]
NARAYAN PAL AND ANR. VS. THE STATE OF ORISSA [LAWS(ORI)-1976-9-21] [REFERRED TO]
RATNAKAR PALAI VS. STATE OF ORISSA [LAWS(ORI)-1986-5-6] [REFERRED TO]
RAJA ALIAS RAJ SINGH ALIAS SUKHMEET SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-9-46] [REFERRED TO]
KALYAN VS. STATE OF M. P. [LAWS(MPH)-2022-5-45] [REFERRED TO]
Pappu VS. State of M.P. [LAWS(MPH)-1995-3-80] [REFERRED TO]
AFTAB KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-380] [REFERRED TO]
KARNIDAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1983-4-31] [REFERRED TO]
ABDUL BASAR MULLA @ KHOKAN AND OTHERS VS. STATE OF ORISSA [LAWS(ORI)-2017-12-49] [REFERRED TO]
ABDUL BASAR MULLA @ KHOKAN AND OTHERS VS. STATE OF ORISSA [LAWS(ORI)-2017-12-49] [REFERRED TO]
HEERA VS. STATE OF RAJASTHAN [LAWS(SC)-2007-6-36] [REFERRED TO]
KALAM ALIAS ABDUL KALAM VS. STATE OF RAJASTHAN [LAWS(SC)-2008-3-192] [REFERRED TO]
SARWAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-2002-10-120] [REFERRED TO]
SURESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2019-8-55] [REFERRED TO]
BHARAT SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-1972-9-57] [REFERRED]
STATE OF BIHAR VS. DUKHAN KAHAR [LAWS(PAT)-2021-5-67] [REFERRED TO]
STATE OF BIHAR VS. BACHESH KUMAR SINGH [LAWS(PAT)-2021-5-48] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
VIRENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2014-5-511] [REFERRED TO]
INDRAJIT MALLAH VS. STATE OF U P [LAWS(ALL)-2005-9-208] [REFERRED TO]
SURAJ PURAN BAHADUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-4-154] [REFERRED TO]
NARSING VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-12-150] [REFERRED]
DATTATRYA ANKUSH SASANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-87] [REFERRED TO]
ATMARAM ISTARI SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-8-11] [REFERRED TO]
THAMBI NASIR AND VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-9-58] [REFERRED TO]
TRIDIBSARMA VS. STATE OF ASSAM [LAWS(GAU)-2004-4-34] [REFERRED TO]
SINOD SHAH VS. STATE OF MEGHALAYA [LAWS(GAU)-2009-12-37] [REFERRED TO]
MOHD SHAFI VS. STATE OF A P [LAWS(APH)-2003-11-123] [REFERRED TO]
JAGDISH VS. STATE [LAWS(DLH)-2011-7-464] [REFERRED TO]
VIKRAM AND ORS. VS. STATE [LAWS(DLH)-2015-10-125] [REFERRED TO]
RIJAUL KARIM VS. STATE (GNCT OF DELHI) [LAWS(DLH)-2014-1-167] [REFERRED TO]
RAJENDRA KUMAR NISHAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-4-68] [REFERRED TO]
HARI CHAND VS. STATE [LAWS(DLH)-1974-5-33] [REFERRED]
STATE VS. KIRAN [LAWS(DLH)-2010-5-43] [REFERRED TO]
MOHD JAVED VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2011-4-81] [REFERRED TO]
INDER SINGH VS. STATE OF H.P. [LAWS(HPH)-2014-5-18] [REFERRED TO]
K.NARASIMHALU VS. STATE [LAWS(KAR)-2020-6-122] [REFERRED TO]
JASEER M. K. VS. STATE OF KERALA [LAWS(KER)-2021-4-22] [REFERRED TO]
PERUMAL VS. STATE [LAWS(MAD)-2010-1-192] [REFERRED TO]
RAM NATH MAHTO VS. STATE OF BIHAR [LAWS(SC)-1996-4-149] [DISTINGUISHED]
MANICKAM ALIAS POONGA MANICKAM VS. STATE [LAWS(MAD)-2007-10-339] [REFERRED TO]
STATE OF ORISSA VS. BHOLANATH NAYAK [LAWS(ORI)-1989-9-16] [REFERRED TO]
VINOD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-9-5] [REFERRED TO]
SUGHAR SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-7-98] [REFERRED TO]
SUGHAR SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-7-98] [REFERRED TO]
STATE OF MADHYA PRADESH VS. IRFAN [LAWS(MPH)-2021-9-13] [REFERRED TO]
MUTHUPANDI VS. STATE OF TAMIL NADU [LAWS(MAD)-1989-12-33] [REFERRED TO]
CHOTTU ALIAS MAHENDRA VS. STATE OF M.P [LAWS(MPH)-2013-1-261] [REFERRED TO]
JAYANTA KALAI VS. STATE OF TRIPURA [LAWS(GAU)-2013-3-6] [REFERRED TO]
AJISH VS. STATE OF KERALA [LAWS(KER)-2017-10-81] [REFERRED TO]
SURESH VS. STATE OF KERALA [LAWS(KER)-2002-11-56] [REFERRED TO]
UDAYAKUMAR VS. STATE OF TAMIL NADU [LAWS(SC)-2023-3-58] [REFERRED TO]
SATRUGHNA BARAD @ NILU VS. STATE OF ORISSA [LAWS(ORI)-2019-12-8] [REFERRED TO]
RAMANDEEP SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-5-103] [REFERRED TO]
SHEO SHANKAR SINGH VS. STATE OF JHARKHAND [LAWS(SC)-2011-2-24] [REFERRED TO]
STATE OF UTTARAKHAND VS. SHAMSHER ALI & OTHERS [LAWS(UTN)-2017-7-53] [REFERRED TO]
BINDESHWARI PASWAN AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-6-55] [REFERRED TO]
BINDESHWARI PASWAN AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-6-55] [REFERRED TO]
MANSHARAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2009-8-18] [REFERRED TO]
KARAN SINHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-11-5] [REFERRED TO]
KASHMIRSINGH MOHANSINGH LATHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-2-56] [REFERRED TO]
STATE OF MAHARASHTRA VS. NARAYANRAM CHETANRAM CHAUDHARY [LAWS(BOM)-1999-7-63] [REFERRED TO]
NASIUDDIN MOHINUDDIN MALIK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-12-9] [REFERRED TO]
RAJ PAL VS. STATE [LAWS(ALL)-2016-5-137] [REFERRED TO]
RAJ PAL VS. STATE [LAWS(ALL)-2016-5-137] [REFERRED TO]
YAD RAM VS. STATE [LAWS(ALL)-2011-12-118] [REFERRED TO]
MANGAROO VS. STATE OF U P [LAWS(ALL)-2005-9-55] [REFERRED TO]
SATYAVIR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1997-5-8] [REFERRED TO]
RAJUBHAI DHAMIRBHAI BARIA VS. STATE OF GUJARAT [LAWS(BOM)-2012-7-241] [REFERRED TO :(1970) 2 SCC 128 : 1970 SCC (CRI) 343 : (PARA 153). 26.]
RAMESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-33] [REFERRED TO]
ABDUL HAMEED VS. STATE (DELHI ADMINISTRATION) [LAWS(DLH)-1985-2-55] [REFERRED TO]
SIRI RAM SHARMA VS. STATE [LAWS(DLH)-1994-11-15] [REFERRED TO]
PRASADYA SALYA NATHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1992-12-17] [REFERRED TO]
RAVI SEIKHAR VS. STATE [LAWS(DLH)-2014-12-154] [REFERRED TO]
SAT PARKASH YADAV VS. STATE [LAWS(DLH)-2014-5-276] [REFERRED TO]
WASIM VS. STATE [LAWS(DLH)-2013-5-547] [REFERRED TO]
SUNIL SINGH ALIAS SONU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2006-12-10] [REFERRED TO]
SIVALAL VS. STATE OF KERALA [LAWS(KER)-2022-7-146] [REFERRED TO]
STATE OF GUJARAT VS. MOHAN HAMIR GOHIL DALIT AND ORS [LAWS(GJH)-2013-8-105] [REFERRED TO]
STATE OF DELHI VS. SIDHARTHA VASHISHT ALIAS MANU [LAWS(DLH)-2006-2-207] [REFERRED TO]
HARISH NATVARLAL MISTRY VS. STATE OF GUJARAT [LAWS(GJH)-1992-1-24] [REFERRED TO]
RAJU GURUNG VS. STATE [LAWS(P&H)-2002-2-24] [REFERRED TO]
SHYAMLAL PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-1995-4-2] [RELIED ON]
RAMESHWAR MANDAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2009-4-14] [REFERRED TO]
GANESH SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-4-89] [REFERRED TO]
T. P. SIVANANDAN VS. STATE OF KERALA [LAWS(KER)-2024-9-69] [REFERRED TO]
JEYARAJ VS. STATE REP. BY THE INSPECTOR OF POLICE [LAWS(MAD)-2012-6-310] [REFERRED TO]
SURINDER SINGH AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-7-104] [REFERRED TO]
AMITSINGH BHIKAMSING THAKUR VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-1-50] [REFERRED TO]
KUNJUMON @ UNNI VS. STATE OF KERALA [LAWS(SC)-2012-11-44] [REFERRED TO]
RAM KHILADI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1976-7-42] [REFERRED TO]
RAJAN MISHRA AND ORS. VS. STATE OF ORISSA [LAWS(ORI)-2015-12-35] [REFERRED TO]
UMESH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2016-6-44] [REFERRED]
SABHA SHANKAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-11-279] [REFERRED TO]
GIRDHARILAL VS. BABLU [LAWS(CHH)-2024-2-74] [REFERRED TO]
MAHESH ROHIDAS KINALKAR VS. STATE OF GOA [LAWS(BOM)-2005-3-126] [REFERRED TO]
KHALIKHAN BISMILLAKHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-102] [REFERRED TO]
STATE THROUGH REFERENCE VS. RAM SINGH [LAWS(DLH)-2014-3-175] [REFERRED TO]
TAUFIK RAZAKBHAI MUSANI AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2016-4-53] [REFERRED TO]
MAHAMMAD SHARIFF VS. STATE OF KARNATAKA THROUGH CHANDRA LAYOUT POLICE STATION [LAWS(KAR)-2018-6-415] [REFERRED TO]
SOMESH PAL VS. STATE [LAWS(DLH)-2009-10-96] [REFERRED TO]
MOHD.NASEEM VS. STATE [LAWS(DLH)-2010-3-324] [REFERRED TO]
KAMLESH VS. STATE OF MP [LAWS(MPH)-2018-3-60] [REFERRED TO]
M SELVAKUMAR VS. STATE [LAWS(MAD)-2007-10-512] [REFERRED]
SHANUBHAI HEMABHAI VEDAVA VAGHRI VS. STATE OF GUJARAT [LAWS(GJH)-1998-2-63] [REFERRED TO]
BHIMARAYA VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-8-122] [REFERRED TO]
PREMAKUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2014-6-139] [REFERRED TO]
ANIL KUMAR VS. STATE OF H.P. [LAWS(HPH)-2024-11-37] [REFERRED TO]
RAM JATAN PASI VS. STATE OF BIHAR [LAWS(PAT)-2003-3-38] [REFERRED TO]
RAJESH GOVIND JAGESHA VS. STATE OF MAHARASHTRA [LAWS(SC)-1999-11-1] [REFERRED]
STATE OF HIMACHAL PRADESH VS. LEKH RAJ [LAWS(SC)-1999-11-72] [REFERRED]
STATE OF MAHARASHTRA VS. SURESH [LAWS(SC)-1999-12-120] [REFERRED TO]
BHAGWAT SINGH S/O BHUR SINGH R/O BADDU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-6-12] [REFERRED TO]
SADHU BAG VS. STATE [LAWS(ORI)-1972-2-3] [REFERRED TO]
BIJOY KUMAR MOHAPATRA VS. STATE [LAWS(ORI)-1982-5-10] [REFERRED TO]
JUMME KHAN VS. STATE OF HARYANA [LAWS(P&H)-2003-2-9] [REFERRED TO]
PAPPU ALIAS SIRAJUDDIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1995-3-57] [DISTINGUISHED]
GANPAT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1994-3-9] [REFERRED TO]
MAHABIR VS. STATE OF DELHI [LAWS(SC)-2008-4-32] [REFERRED TO]
MUNSHI SINGH GAUTAM VS. STATE OF M P [LAWS(SC)-2004-11-49] [REFERRED TO]
LAL SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2003-11-127] [DISTINGUISHED]
BACHAN SINGH VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2023-10-24] [REFERRED TO]
BACHAN SINGH VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2023-10-24] [REFERRED TO]
SK.KHUSDIL VS. STATE OF BIHAR [LAWS(JHAR)-2003-6-72] [REFERRED TO]
STATE OF RAJASTHAN VS. DARBARA SINGH [LAWS(RAJ)-2000-3-24] [REFFERED TO : (1970)2 SCC 128 : AIR 1970 SC 1321 16]
STATE OF RAJASTHAN VS. MUNNA SHAH [LAWS(RAJ)-2006-10-89] [REFERRED]
ATMARAM S O ISTARI SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-8-46] [REFERRED TO]
SUBHAS BHATTACHARYYA VS. STATE [LAWS(CAL)-1985-5-8] [REFERRED TO]
MATAPU VENKAT REDDY VS. STATE OF A.P. [LAWS(APH)-2013-12-33] [REFERRED TO]
SACHIN VS. THE STATE OF NCT OF DELHI [LAWS(DLH)-2017-5-118] [REFERRED TO]
SAGAR S/O. MALLIKARJUN MEHETRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-10-62] [REFERRED TO]
MANGAL DEB BARMA VS. STATE OF TRIPURA [LAWS(GAU)-2009-9-32] [REFERRED TO]
MANGAL DEB BARMA VS. STATE OF TRIPURA [LAWS(GAU)-2009-9-32] [REFERRED TO]
RAJAN VS. STATE [LAWS(MAD)-2008-2-332] [REFERRED TO]
ABDUL HEKIM (MD.) VS. STATE OF ASSAM [LAWS(GAU)-2023-8-76] [REFERRED TO]
MANJUNATH @ MANJA @ JEEVA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-7-464] [REFERRED TO]
RANGASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2022-11-20] [REFERRED TO]
ARIF VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2015-1-364] [REFERRED TO]
MOHD ISRAR QURESHI VS. STATE [LAWS(DLH)-2014-2-13] [REFERRED TO]
RAJIV @ DIWANJI VS. STATE NCT OF DELHI [LAWS(DLH)-2013-2-116] [REFERRED TO]
VADI VELU AND ORS. VS. STATE OF KERALA [LAWS(KER)-2015-7-218] [REFERRED TO]
SANJEEV KUMAR ALIAS SANJU VS. STATE OF H.P. [LAWS(HPH)-2007-4-21] [REFERRED TO]
ALTHAF VS. THE STATION HOUSE OFFICER [LAWS(KER)-2014-11-167] [REFERRED TO]
MOHMEDFARUK @ PALAK SAFIBHAI MEMON VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-123] [REFERRED TO]
STATE OF BIHAR VS. KRISHNA BIHARI SINGH @ KRISHNA SINGH [LAWS(PAT)-2010-3-227] [REFERRED TO]
Balaji VS. State [LAWS(MAD)-2003-1-7] [REFERRED TO]
Yasuddin VS. Inspector of Police [LAWS(MAD)-2004-10-93] [REFERRED TO]
BHUPENDRA SINGH VS. STATE OF MP [LAWS(MPH)-2018-2-199] [REFERRED TO]
BEENA VS. SUPERINTENDENT CENTRAL PRISON [LAWS(MAD)-2010-8-118] [REFERRED TO]
STATE OF KERALA VS. SUSEELAN PILLAI [LAWS(KER)-2001-10-18] [REFERRED TO]
GIREESAN NAIR VS. STATE OF KERALA [LAWS(SC)-2022-11-53] [REFERRED TO]
DASTAGIR SAB VS. STATE OF KARNATAKA [LAWS(SC)-2004-1-11] [REFERRED TO]
STATE OF RAJASTHAN VS. MOHD. SALMAN S/O SHAKEEL AHMED [LAWS(RAJ)-2023-3-217] [REFERRED TO]
PADHAKUMAR VS. STATE [LAWS(MAD)-2020-2-398] [REFERRED TO]
RAJENDRA KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-5-71] [REFERRED TO]
RAJU VS. STATE OF CHHATISGARH [LAWS(SC)-2014-8-48] [REFERRED TO]
MAHADEB GHOSH VS. STATE [LAWS(CAL)-1983-3-38] [REFERRED TO]
RAM CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-9-90] [REFERRED]
DHAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-3-98] [REFERRED TO]
STATE OF MAHARASHTRA VS. SADASHIV JETAPPA KAMBLE [LAWS(BOM)-2014-5-114] [REFERRED TO]
RAJKUMAR DHUNICHAND SHARMA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-12-89] [REFERRED TO BUDHSEN AND ANR. VS. STATE OF U.P.] AND (1)]
KAILASH BHAGCHAND LADDAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-6-26] [REFERRED TO]
GANESH KUMAR VS. STATE [LAWS(DLH)-2014-8-192] [REFERRED TO]
AVTAR SINGH VS. STATE OF H.P. [LAWS(HPH)-1987-11-14] [REFERRED TO]
JAYANTA KALAI VS. STATE OF TRIPURA [LAWS(GAU)-2013-1-22] [REFERRED TO]
SILBANUS TIRKI & OTHERS VS. STATE OF C.G. [LAWS(CHH)-2018-4-64] [REFERRED TO]
ALI MOHAMMED SHIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-12-240] [REFERRED TO]
HABIB VS. STATE OF MP [LAWS(MPH)-2010-10-12] [REFERRED TO]
RAKESH VS. STATE [LAWS(ALL)-2022-5-106] [REFERRED TO]
RAMANBHAI BHIKHABHAI MACHHI VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-100] [REFERRED TO]
STATE OF ORISSA VS. RAMESH CHANDRA MAHAPATRA AND THREE ORS. [LAWS(ORI)-1983-4-12] [REFERRED TO]
AMIT @ GULLU @ AMITAV KUMAR VS. STATE OF ODISHA [LAWS(ORI)-2022-8-64] [REFERRED TO]
SANDEEP KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2013-10-456] [REFERRED TO]
HARIBANSE RAMalias HARIVANSH RAM VS. STATE OF BIHAR [LAWS(PAT)-2010-3-213] [REFERRED TO]
RAGHBIR SINGH @ BHIRA AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2008-2-330] [REFERRED TO]
DEEPAK PRADHAN VS. STATE OF SIKKIM [LAWS(SIK)-2013-6-1] [REFERRED TO]
MUKESH SINGH VS. STATE (NCT OF DELHI) [LAWS(SC)-2023-8-78] [REFERRED TO]
SHRI GHANASHYAM CHETTRI VS. STATE OF SIKKIM [LAWS(SIK)-2011-9-4] [REFERRED TO]
SON KALI AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-9-419] [REFERRED]
STATE OF U P VS. TRIBHUWAN SINGH AND OTHERS; SHEELA SINGH [LAWS(ALL)-2018-1-212] [REFERRED TO]
NARESH @ KALU VS. THE STATE [LAWS(DLH)-2012-11-362] [REFERRED TO]
BADOL FARAZI VS. THE STATE [LAWS(DLH)-2016-5-15] [REFERRED TO]
LALIT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-4-59] [REFERRED TO]
STATE OF ASSAM VS. GUNARAM TANTI [LAWS(GAU)-1995-3-2] [REFERRED TO]
NIBARAN BORAH VS. STATE OF ASSAM [LAWS(GAU)-2006-7-14] [REFERRED TO]
SANJAY VS. STATE OF M P [LAWS(CHH)-2010-10-1] [REFERRED TO]
FAROOQ KHAIRUDDIN SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-11-164] [REFERRED TO]
PARAMASIVAM VS. STATE [LAWS(MAD)-2010-7-529] [REFERRED TO]
CHANDRAPPA HANUMANTAPPA KOLAR AND ORS. VS. THE STATE OF KARNATAKA [LAWS(KAR)-2014-2-410] [REFERRED TO]
RAJENDRA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-3-61] [REFERRED TO]
DILIPBHAI GALABBHAI PARMAR AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2016-3-235] [REFERRED TO]
MANILUTTAN ALIAS SAJAY VS. STATE OF KERALA [LAWS(KER)-2012-8-354] [REFERRED TO]
BADARUDHEEN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-8-1] [REFERRED TO]
RAMESH KUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-9-39] [REFERRED TO]
AKHLESH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2012-7-137] [REFERRED TO]
KHARAITI LAL VS. THE UNION TERRITORY OF CHANDIGARH [LAWS(P&H)-1993-10-100] [REFERRED TO]
UMESH UKEY VS. STATE OF M P [LAWS(MPH)-2017-11-202] [REFERRED TO]
DURGA @ RAJA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-91] [REFERRED TO]
MD BABU KHAN VS. STATE OF ORISSA [LAWS(ORI)-2017-12-48] [REFERRED TO]
DARA SINGH VS. STATE OF ORISSA [LAWS(ORI)-2022-9-43] [REFERRED TO]
DANA YADAV VS. STATE OF BIHAR [LAWS(SC)-2002-9-136] [REFERRED]
PHUMAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2008-12-3] [REFERRED TO]
Karthick VS. State [LAWS(MAD)-2004-3-280] [REFERRED TO]
TAUFIK KHAN @ DHANPAT SON OF MANGLI VS. STATE OF RAJASTHAN THROUGH P.P. [LAWS(RAJ)-2018-1-358] [REFERRED TO]
SIDHARTHA VASHISHT ALIAS MANU SHARMA VS. STATE NCT OF DELHI [LAWS(SC)-2010-4-62] [REFERRED TO]


JUDGEMENT

- (1.)These two appeals by special leave arise out of a joint trial of the present appellants and Jagdish and Sugriv. All the four accused were convicted by the trial Court; the present appellants were sentenced to death under Section 302 read with Section 34, Indian Penal Code and Jagdish and Sugriv to life imprisonment under Section 302 read with Section 109, Indian Penal Code. They challenged their conviction by separate appeals to the Allahabad High Court. By means of a common judgment the High Court dismissed the appeal of the present appellants (Crl. App. No. 2623 of 1968) and allowed that of their co-accused Jagdish and Sugriv (Crl. App. No. 2648 of 1968). The sentence of death imposed on the present appellants under Section 302, Indian Penal Code for the murder of Lala Hazarilal was confirmed.
(2.)According to the prosecution story Jagdish and Sugriv related to each other as cousins belonged to village Bidrika. They used to harass the poor inhabitants of that village whereas deceased Hazarilal used to espouse their cause. As a result, there was not much love lost between Jagdish and Sugriv on the one side and Hazarilal on the other. Some years ago Jagdish, along with some others, was prosecuted for forging accounts of a Co-operative Society and was found guilty by the Assistant Sessions Judge, though released on probation under the U. P. First Offenders' Probation Act. Bhoodev, at whose instance, that prosecution was initiated presented a revision petition in the High Court against the order of the Assistant Sessions Judge challenging the benefit given to Jagdish under the U. P. First Offenders' Probation Act. The High Court allowed the revision on July 26, 1967 and imposed on Jagdish a substantive sentence of rigorous imprisonment for two years. Bhoodev had the support of Hazarilal in the trial Court and the revision to the High Court was also preferred by him at the instance of Hazarilal. This further enraged Jagdish and Sugriv and Jagdish is stated to have threatened Hazarilal with death about ten days before his murder. This happened before Jagdish was taken into custody pursuant to the order of the High Court imposing on him the sentence of imprisonment. This was alleged to be the immediate motive for Hazarilal's murder. In 1962 also Jagdish and Sugriv had been prosecuted by Hazarilal under Section 452/326 and Section 147, Indian Penal Code but they were acquitted. Ever since then, according to the prosecution, Jagdish and Sugriv had been harbouring ill feelings towards Hazarilal and planning to have him murdered through hired assasins. On September 11, 1967, Ghasiuddin (P. W. 2) is stated to have gone to the house of Jagdish and saw Jagdish and Sugriv in the company of four unknown persons and over-heard Jagdish saying that the said four persons had left the job unfinished though they had visited the village often and telling them that the balance would be paid to them only after the job was accomplished. The following day at about 10 a.m. when it was drizzling Hazarilal was sitting in his Gher also described as Nohra on a cot and his brother Inderjit (P. W. 1) and Kanwar Sen (P. W. 3) were squatting on a heap of fodder nearby. They were all sitting in the Duari because that was the only place which provided protection against rain. Suddenly four unknown persons entered the Nohra through the Duari. Two of them caught hold of Inderjit and Kanwar Sen, one of them sat on the cot of Hazarilal and pressed his legs and he fourth who was carrying a red jhola in his hand, took out a pistol from the jhola and fired at Hajarilal from point blank range. Hazarilal fell down. The fourth man reloaded his pistol and fired another shot which hit Hazarilal on the chest killing him instantaneously. Inderjit and Kanwar Sen raised alarm. On hearing their alarm and the sound of pistol fire, Ram Singh, Imam Khan and Ranchor (P. W. 4) came to the scene of occurrence and saw the four assailants running away from the Nohra. According to the prosecution, the four unknown assailants murdered Hazarilal at the instigation of Jagdish and Sugriv. First information report was lodged by Inderjit at police station Iglas, about ten miles away from the place of occurrence at 2.35 p.m. the same day (September 12, 1967). On his return from the police station Inderjit met Ghaziuddin (P. W. 2) from whom he learnt what he (Ghaziuddin) had seen and heard a day previous at the house of Jagdish. S. K. Yadav, Sub-Inspector with whom the F. I. R. was lodged reached the scene of the occurrence at 6-15 p.m. the same day. He found one discharged cartridge and two wads at the place of the occurrence. He recorded the statements of some witnesses, including Ghaziuddin on the following day. Further Investigation was conducted by Sub-Inspector Harcharan Singh (P. W. 21). Jagdish and Sugriv on whom suspicion had fallen were not traceable with the result that warrants for their arrest were made over to Sub-Inspector Yadav. Proceedings under Sections 87 and 88, Criminal procedure Code were started against them but soon thereafter they surrendered themselves in Court on September 29, 1967. During investigation the Investigating Officer learnt about the complicity of the present appellants and Naubat was arrested on October 9, 1967. Budhsen, however, was arrested in connection with some other case on October 14, 1967 by Sasni police. Magistrate Pratap Singh (P. W. 20) held identification parade of Naubat on October 21, 1967 and of Budhsen on October 28, 1967.
(3.)The trial Court came to the conclusion that Jagdish and Sugriv had abetted the murder of Hazarilal and appellants Naubat and Budhsen had committed the murder. Naubat and Budhsen were, therefore, sentenced to death and Jagdish and Sugriv to life imprisonment.


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