Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s.439 - Bail - Allegation of cold blooded murder of elder brother by the accused - High Court granting not only bail but also opining that case fell under s.304 (Part-II) IPC as there was sudden quarrel and no motive to kill - Justification of - Held: Not justified - While dealing with bail application, Court should only indicate whether there was a prima facie case in view of settled principles about nature of crime and manner of commission of offence - Matter remitted to High Court to consider bail application afresh.s.439 - Bail - Grant of - Determining factors - Stated.Prosecution case was that some time prior to the incident, there was tension in the family on the issue of partition amongst deceased, his father and the two brothers i.e. respondent no.2 and accused. Appellant was wife of deceased. On the fateful day, father of respondent No.2 told brother of appellant about the tense situation and asked him to immediately come. The two brothers of appellant rushed to the place.The father and the two sons i.e. respondent No.2 and the accused were sitting in a room inside the house and talking about the partition and distribution of property. Suddenly, the father became extremely excited and took out his licensed revolver and became offensive towards the deceased. Immediately, respondent No.2 picked up the licensed gun which was lying in a corner of the room, loaded the same and fired a shot at the deceased who sustained grievous injuries on his vital organs.He was rushed to hospital. On the way, he succumbed to injuries. The FIR was lodged against deceased's father and respondent No.2 by appellants' brothers. The two accused absconded for more than 2 months before their surrender. The co-accused was granted bail by Sessions Judge. Thereafter respondent No.2 and other criminals tried to compel the appellant to enter into a compromise. An FIR in this regard was lodged by the appellant with the police authorities. Thereafter respondent No.2 filed bail application before the High Court. The High Court not only granted bail but recorded a finding that the case fell within the ambit of s.304 Part II IPC.Appellant was aggrieved with the grant of bail and filed the present appeal. According to appellant, even after release on bail, respondent No.2 and his father wanted to get the case finished and for this they assaulted the appellant physically and an FIR was lodged by brother of the appellant in this context. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 860 |
Petitioner | Sudha Verma |
Respondent | State Of U.p. And Anr. |
SCR | [2007] 9 S.C.R. 314 |
Judgement Date | 2007-08-24 |
Case Number | 1122 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |