regularisation of daily wage or contract workers on different posts = Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.7423-7429 OF 2018 (Arising out of S.L.P. (Civil) Nos. 19832-19838 OF 2017) Narendra Kumar Tiwari & Ors. Etc. ….Appellants versus The State of Jharkhand & Ors. Etc. ….Respondents J U D G M E N T Madan B. Lokur, J. 1. Leave granted.… Read More regularisation of daily wage or contract workers on different posts = Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc.

Sec.307 IPC – the victim has sustained a grievous injury on a vital portion of the body, i.e. the head, which was fractured. The doctor has opined that the injury was life threatening. Hence, in our considered opinion, the High Court was too lenient in 9 imposing the sentence of six days only which was the period already undergone by the accused in confinement

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 959 OF 2018 (Arising out of SLP (Crl.) No. 3509 of 2016 The State of Rajasthan ..Appellant Versus Mohan Lal & Another ..Respondents J U D G M E N T MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. Judgment dated 25.05.2015… Read More Sec.307 IPC – the victim has sustained a grievous injury on a vital portion of the body, i.e. the head, which was fractured. The doctor has opined that the injury was life threatening. Hence, in our considered opinion, the High Court was too lenient in 9 imposing the sentence of six days only which was the period already undergone by the accused in confinement

Sections 201 read with Section 34 of the Indian Penal Code (for short, ‘IPC’), Section 19(1) read with Section 21(1) of POCSO Act and Section 75 of the Juvenile Justice Act.= Appellant no. 1 is a 66 years’ old lady who is a Gynecologist and had conducted the delivery. Appellant no. 2 is a Paediatrician who had attended to the baby of the victim after the delivery. Appellant no. 3, is a 69 years’ old Hospital Administrative. She is roped-in in that capacity though she did not attend to the victim or the baby.- It is not the case of the prosecution that these appellants had any knowledge about the alleged rape of the victim allegedly committed by accused No. 1 at any time earlier. In fact, they did not come into picture before 7th February, 2017 when the victim was brought to the hospital. However, the charge against these appellants is primarily on account of purported commission of an act under Sections 19(1) of POCSO Act.= Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 961 OF 2018 [ARISING OUT OF SLP (CRL.) NO. 3712 OF 2018] DR. SR. TESSY JOSE AND OTHERS …..APPELLANT(S) VERSUS STATE OF KERALA …..RESPONDENT(S) J U D G M E N T A.K.SIKRI, J. After hearing this matter on 1st August, 2018,… Read More Sections 201 read with Section 34 of the Indian Penal Code (for short, ‘IPC’), Section 19(1) read with Section 21(1) of POCSO Act and Section 75 of the Juvenile Justice Act.= Appellant no. 1 is a 66 years’ old lady who is a Gynecologist and had conducted the delivery. Appellant no. 2 is a Paediatrician who had attended to the baby of the victim after the delivery. Appellant no. 3, is a 69 years’ old Hospital Administrative. She is roped-in in that capacity though she did not attend to the victim or the baby.- It is not the case of the prosecution that these appellants had any knowledge about the alleged rape of the victim allegedly committed by accused No. 1 at any time earlier. In fact, they did not come into picture before 7th February, 2017 when the victim was brought to the hospital. However, the charge against these appellants is primarily on account of purported commission of an act under Sections 19(1) of POCSO Act.= Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence.

The intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder = On consideration of the entirety of the evidence, it can safely be concluded that the occurrence took place in the heat of the moment and the assault was made without premeditation at the spur of time. The fact that the Appellant may have rushed to his house across the road and returned with a sword, is not sufficient to infer an intention to kill, both because of the genesis of the occurrence and the single assault by the Appellant, coupled with the duration of the entire episode for 1½ to 2 minutes. Had there been any intention to do away with the life of the deceased, 4 nothing prevented the Appellant from making a second assault to ensure his death, rather than to have run away. The intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder. But in the nature of weapon used, the assault made in the rib cage area, knowledge that death was likely to ensue will have to be attributed to the Appellant. In the entirety of the evidence, the facts and circumstances of the case, we are unable to sustain the conviction of the Appellant under Section 302 I.P.C. and are satisfied that it deserves to be altered to Section 304 Part­II I.P.C. It is ordered accordingly.

NON­REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.545 OF 2011 DEEPAK ….APPELLANT(S) VERSUS STATE OF UTTAR PRADESH (NOW UTTARAKHAND)      …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. The Appellant assails the reversal of his acquittal, and consequent conviction under Section 302 I.P.C. sentencing him to life imprisonment. 2. On 27.08.1993 at about 8.30 a.m., irked by the loud noise of the tape recorder being played by the deceased in 1 his house, the Appellant had a verbal altercation with the deceased which culminated in a single sword blow by the Appellant in the rib cage area of the deceased. 3. The M.L.C. of the injured was done at 8.45 a.m. by PW.8 Dr. S.K. Prabhakar who found an incised wound of 2½ cm x 2 cm.  The injured was deceased the same day. The post mortem was done the same day at 3.30 p.m. by PW­5 Dr. P.K. Bhatnagar, who found “Punctured wound 2 cm x 1 cm x cavity deep just above upper border of the left lower rib on lateral side of chest 9 cm away from umbilicus at 2 O’clock position with surgical dressing”. 4. The Trial Court granted the benefit of doubt to the Appellant.   The   High   Court   on   reappreciation   of   the evidence, particularly the testimony of PW­4 Omwati, an injured witness, and other eye­witnesses PW­1 Babu Ram, PW­2   Ram… Read More The intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder = On consideration of the entirety of the evidence, it can safely be concluded that the occurrence took place in the heat of the moment and the assault was made without premeditation at the spur of time. The fact that the Appellant may have rushed to his house across the road and returned with a sword, is not sufficient to infer an intention to kill, both because of the genesis of the occurrence and the single assault by the Appellant, coupled with the duration of the entire episode for 1½ to 2 minutes. Had there been any intention to do away with the life of the deceased, 4 nothing prevented the Appellant from making a second assault to ensure his death, rather than to have run away. The intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder. But in the nature of weapon used, the assault made in the rib cage area, knowledge that death was likely to ensue will have to be attributed to the Appellant. In the entirety of the evidence, the facts and circumstances of the case, we are unable to sustain the conviction of the Appellant under Section 302 I.P.C. and are satisfied that it deserves to be altered to Section 304 Part­II I.P.C. It is ordered accordingly.

the regularisation of daily wage or contract workers on different posts.= Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc. – We may add that that it would be worthwhile for the State of Jharkhand to henceforth consider making regular appointments only and dropping the idea of making irregular appointments so as to short circuit the process of regular appointments.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.7423-7429 OF 2018 (Arising out of S.L.P. (Civil) Nos. 19832-19838 OF 2017) Narendra Kumar Tiwari & Ors. Etc. ….Appellants versus The State of Jharkhand & Ors. Etc. ….Respondents J U D G M E N T Madan B. Lokur, J. 1. Leave granted.… Read More the regularisation of daily wage or contract workers on different posts.= Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc. – We may add that that it would be worthwhile for the State of Jharkhand to henceforth consider making regular appointments only and dropping the idea of making irregular appointments so as to short circuit the process of regular appointments.

enhancement of sentence=the victim has sustained a grievous injury on a vital portion of the body, i.e. the head, which was fractured. The doctor has opined that the injury was life threatening. Hence, in our considered opinion, the High Court was too lenient in imposing the sentence of six days only which was the period already undergone by the accused in confinement. Accordingly, the appeal is allowed. The accused (respondent herein) is imposed with a sentence of 6 months’ rigorous imprisonment and a fine of Rs. 25,000/- (Rupees Twenty Five Thousand) for the offences under Section 325, IPC. In case of default of payment of fine, the accused shall undergo further rigorous imprisonment for 3 months. In case the fine is deposited by the convicted accused, the same shall be disbursed in favour of the injured PW2, viz. Kapurchand as compensation. The accused/respondent be taken into custody forthwith to serve out the sentence. However, he is entitled to the benefit of set-off of the period already

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 959 OF 2018 (Arising out of SLP (Crl.) No. 3509 of 2016 The State of Rajasthan ..Appellant Versus Mohan Lal & Another ..Respondents J U D G M E N T MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. Judgment dated 25.05.2015… Read More enhancement of sentence=the victim has sustained a grievous injury on a vital portion of the body, i.e. the head, which was fractured. The doctor has opined that the injury was life threatening. Hence, in our considered opinion, the High Court was too lenient in imposing the sentence of six days only which was the period already undergone by the accused in confinement. Accordingly, the appeal is allowed. The accused (respondent herein) is imposed with a sentence of 6 months’ rigorous imprisonment and a fine of Rs. 25,000/- (Rupees Twenty Five Thousand) for the offences under Section 325, IPC. In case of default of payment of fine, the accused shall undergo further rigorous imprisonment for 3 months. In case the fine is deposited by the convicted accused, the same shall be disbursed in favour of the injured PW2, viz. Kapurchand as compensation. The accused/respondent be taken into custody forthwith to serve out the sentence. However, he is entitled to the benefit of set-off of the period already

Undoubtedly, ‘motive’ plays significant role in a case based on circumstantial evidence where the purpose would be to establish this important link in the chain of circumstances in order to connect the accused with the crime. But, for the case on hand, proving motive is not an important factor when abundant direct evidence is available on record. The confessional statement of the appellant itself depicts the 15 motive of the team of accused in pursuit of which they committed the robbery at the house of informant and the appellant being part of it. It is also clear from the statement of the accused—appellant that the inmates of the house suffered injuries at the hands of the accused party as they had beaten them with the pieces of wood (sticks) and created terror among them. The recovery of bloodstained sticks from the orchard of Kamal Jain and the FSL report (Ext.X) proves the circumstance with no manner of doubt. Another facet of the case as portrayed by the appellant in his defense is that the informant implicated the appellant in the crime with the connivance of I.O. due to old enmity. However, we do not find any evidence or material on record in support of such claim made by the appellant. On the other hand, not only by the recovery of Rs.400/­ from the house of appellant his participation stands proved, with the other incriminating evidence available on record.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1333 of 2009 RAJU MANJHI      APPELLANT VERSUS STATE OF BIHAR           RESPONDENT JUDGMENT N.V. RAMANA, J. 1. This appeal is directed against the judgment dated 3rd August, 2005 passed by the High Court of Judicature at… Read More Undoubtedly, ‘motive’ plays significant role in a case based on circumstantial evidence where the purpose would be to establish this important link in the chain of circumstances in order to connect the accused with the crime. But, for the case on hand, proving motive is not an important factor when abundant direct evidence is available on record. The confessional statement of the appellant itself depicts the 15 motive of the team of accused in pursuit of which they committed the robbery at the house of informant and the appellant being part of it. It is also clear from the statement of the accused—appellant that the inmates of the house suffered injuries at the hands of the accused party as they had beaten them with the pieces of wood (sticks) and created terror among them. The recovery of bloodstained sticks from the orchard of Kamal Jain and the FSL report (Ext.X) proves the circumstance with no manner of doubt. Another facet of the case as portrayed by the appellant in his defense is that the informant implicated the appellant in the crime with the connivance of I.O. due to old enmity. However, we do not find any evidence or material on record in support of such claim made by the appellant. On the other hand, not only by the recovery of Rs.400/­ from the house of appellant his participation stands proved, with the other incriminating evidence available on record.