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D.P.WADHWA, S.S.M.QUADRI
Badruddin – Appellant
Versus
State Of U. P. – Respondent
Judgment
Quadri, J.-This criminal appeal, by special leave, is directed against the judgment of the High Court of Allahabad in Criminal Appeal No. 878 of 1977 dated 24th July, 1984, confirming the conviction and sentence of the appellant for offences under Sections 302/34 and 323/34, IPC and sentencing him to life imprisonment and rigorous imprisonment for six months respectively for the said offences. The appellant and three others (Nizamuddin, Hafiz and Siddiqui), on their denial of charges, were tried for offences under Sections 302, 302/34 and 323/34, IPC by the learned IInd Additional Sessions Judge, Azamgarh, for committing the murder of Shaukat Ali (hereinafter referred to as ‘the deceased’) on March 19, 1976 at 2 p.m.
2. The gravamen of charge against the appellant is that the said persons of whom Nizamuddin was armed with knife and the appellant, Hafiz and Siddiqui were armed with lathis, beat the deceased and killed him. P.W. 1, Mohammad Umar, P.W. 3, Ali Hamza and P.W. 5, Mohammad Hanif are eye witnesses. Their statements before the court show that Nizamuddin dealt blows with knife and Siddiqui dealt blows with lathi, Mohd. Umar, Mohd. Hanif and Ali Hamza tried to interve
Virendrasingh s/o Rampurkar Khairwar VS State of Maharashtra - 2017 0 Supreme(Bom) 890: Badruddin vs. State of Bihar; (1999) 8 SCC 555 - Treated as bad law or misplaced. Specific language: "is completely misplaced." This indicates the case was deemed inapplicable or incorrect in the context cited.
Safauddin Momins VS State of Bihar - Crimes (2000): State of Uttar Pradesh and Sabitri Devi and another v. State of Bihar - Cited by counsel for the respondent/State in support of the impugned judgment. Positive or supportive reference.
Safauddin Momin VS State of Bihar - 2000 0 Supreme(Jhk) 10: State of Uttar Pradesh and Sabitri Devi and anr. VS. State of Bihar (1994 (1) Eastern India Cr. Cases 516) - Cited by counsel for the respondent/State in support of the impugned judgment. Positive or supportive reference.
Balram Singh VS State Of Punjab - 2003 3 Supreme 749: State of Bihar [(1999) 8 SCC 555] and State of U.P. [1998 (7) SCC 300] - Referred to in context of no appeal against acquittal, alongside Ramashish Yadav. Neutral reference without negative treatment.
Balram Singh VS State of Punjab - 2003 3 Supreme 749: State of Bihar [(1999) 8 SCC 555] and State of U.P. [1998 (7) SCC 300] - Referred to in context of no appeal against acquittal, alongside Ramashish Yadav. Neutral reference without negative treatment.
Idrish Bhai Daudbhai VS State Of Gujarat - 2005 1 Supreme 583: Badruddin and State of Orissa vs. State of Punjab - (2003) 11 SCC 286 - Referenced with "See also," indicating supportive or illustrative citation.
Idrish Bhai Daudbhai VS State of Gujarat - Crimes (2005): Badruddin vs. State of U.P. - (1998) 7 SCC 300 and Ramashish Yadav - Referenced with "See also," alongside State of Orissa vs. State of Punjab - (2003) 11 SCC 286. Supportive reference.
Idrish Bhai Daudbhai VS State of Gujarat - 2005 0 Supreme(Ori) 106: Badruddin, State of Orissa, State of U.P. (1998) 7 SCC 300, and Ramashish Yadav - Referenced with "See also" and "v." phrasing, indicating citations without negative qualifiers.
Jai Singh VS State of Rajasthan - 2010 0 Supreme(Raj) 1008: State of Bihar (1999) 8 SCC 555, Badruddin vs. State of U.P., and others - Listed among multiple cases without qualifiers indicating disapproval. Neutral citation.
Deepak Pradhan VS State of Sikkim - 2013 0 Supreme(Sikk) 14: State of Punjab (AIR 2003 SC 2213) relying on Badruddin and others - "Relying upon its previous decisions in Badruddin," indicating followed or applied positively.
Krishan Kumar VS State of Haryana - 2023 6 Supreme 545: Badruddin and State of UP - Referenced in decisions without negative language, alongside State of Haryana (2007) 12 SCC 471. Neutral or positive reference.
MANSAROVAR GARDEN, DELHI VS STATE GOVT. OF NCT OF DELHI - 2006 0 Supreme(Del) 2180: Badruddin - Referenced with "In Badruddin v.," alongside other cases like State of Madhya Pradesh. Appears as part of argumentative citation.
PRAKASH BHAWANI PRASHAD VS STATE GOVT. OF NCT OF DELHI - 2006 0 Supreme(Del) 2174: Badruddin - Referenced with "In Badruddin v.," alongside other cases like State of Madhya Pradesh. Appears as part of argumentative citation.
None identified. All cases contain sufficient contextual language to categorize based on citation patterns, support by counsel, or explicit qualifiers like "misplaced." No ambiguous treatments without indicators.
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