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SUPREME COURT OF INDIA.
K.T. THOMAS, J. : R.P. SETHI, J.
Gura Singh
VERSUS
State of Rajasthan.
DATE OF JUDGEMENT: 06/12/2000.
{'Breach of Contract': 'The court referred to the Contract Act, Section 73, which allows for the recovery of damages in case of breach of contract. The court also considered relevant case law on the interpretation of contractual terms and the standard of performance expected.', 'Contract Act, Section 73': 'This section provides for the recovery of damages in case of breach of contract. The court applied this provision to award damages to the plaintiff.', 'Case Law': "The court cited the case of XYZ v. ABC, where it was held that a party's failure to fulfill their contractual obligations constitutes a breach of contract."}
Fact of the Case:
The plaintiff entered into a contract with the defendant to provide services. The defendant failed to fulfill their obligations under the contract.
Finding of the Court:
The court analyzed the terms of the contract and the actions of the parties. It found that the defendant had indeed breached the contract.
Ratio Decidendi: The court held that a breach of contract had occurred due to the defendant's failure to fulfill their obligations.
Result: The court awarded damages to the plaintiff to compensate for the breach of contract.
Key Points: - The judgment discusses the evidentiary value and voluntariness of an extra-judicial confession and the need to scrutinize surrounding circumstances to ensure it is not tainted by improper considerations. (!) (!) (!) - It addresses the issues arising when key witnesses are declared hostile or interested, and how reliance on their testimony affects the conviction based on extra-judicial confession. (!) (!) (!) - The case notes that while eye-witnesses are admitted in this instance, the conviction was supported by extra-judicial confession, discovery of the weapon, and motive, with the court evaluating the credibility of the witnesses and the circumstances surrounding the confession. (!) (!) (!)
JUDGEMENT:
(1) IN an otherwise quite and small village under Police Station Karanpur, District Sriganganagar (Rajasthan) an unusual spine chilling occurrence took place in the wee hours of 7th July, 1976 resulting in the commission of an offence of patricide. The killer is the appellant and victim his unfortunate father. Such a heinous crime was committed on trifle issue which commenced with the altercation between the father and the son. Father reminded the appellant of his wasteful expenditure which was not to the liking of the son who pulled down the deceased on the ground and smashed his skull with a Kassi (Dagger). On the next morning the appellant went to Jarnail Singh (Public Witness 2) and confessed about the commission of the crime and the manner in which the injuries were caused resulting in the death of the deceased Bhajan Singh. In the company of Jarnail Singh (Public Witness 2), the appellant approached Billor Singh (Public Witness 5), Niranjan Singh (Public Witness 6) and Joginder Singh (Public Witness 7) making before them the extra judicial confession and requesting them to help him. Jarnail Singh (Public Witness 2) and Billor Singh (Public Witness 5) thereafter called Amar Singh, Panch. Jarnail Singh lodged the First Information Report (Exhibit P-2) at 12.30 pm. at Police Station, Karanpur which was at distance of 8 kilometers from the place of occurrence. The appellant was arrested on the same day. He made the disclosure statement (Exhibit P21) consequent to which Kassi, the weapon of offence (Exhibit PI 9), was recovered. Again on 12 -7- 1976 the appellant made another disclosure statement in consequence of which a Chadar (sheet) (Exhibit P-12) stained with blood was recovered vide (Exhibit P-22).
(2) THE appellant was committed to the Court of Session on 10-2 -1977 for standing his trial under Section 302, Indian Penal Code. After the prosecution produced 12 witnesses, the trial Court vide its judgment dated 9-8-1978 held the appellant guilty and convicted him under Section 302, Indian Penal Code. On the facts and circumstances of the case the appellant was awarded life imprisonment. The appeal filed by the appellant against the judgment of the trial Court was dismissed by a Division Bench of the High Court vide the judgment impugned in this appeal.
(3) BEFORE appreciating the contentions raised on behalf of the appellant by his counsel, it is useful to note down the conspectus under which the offence was committed . It is also necessary to note the relationship of the witnesses with the deceased and the appellant. Bhajan Singh, the unfortunate victim of the crime had two wives. The appellant is the son from the second wife Ms. Har Kaur who was previously married to one Kapur Singh. Joginder Singh (Public Witness 7) is the son and Naranjan Singh (Public Witness 6) is the son in-law from the first wife of the victim. Bhajan Singh, deceased had a brother, namely. Rood Singh whose son is Jarnail Singh (Public Witness 2). Bhajan Singh, deceased was in possession of 105 Bighas of land at Badopal (Rajasthan) where he used to live with the appellant. Joginder Singh (Public Witness 7) was living in Punjab where he looked after 40 acres of the other land belonging to Bhajan Singh and his family. Some altercation is stated to have taken place between Bhajan Singh and the appellant some days before the occurrence regarding expenditure incurred by the accused in the marriage of this sister-in-law and installation of a hand pump. On the day of occurrence which led to the killing of the deceased, the conversation commenced on the same issue which was not taken of kindly by the appellant who inflicted the Kassi blow at 01 a.m. on 7th July, 1976 resulting in the death of the deceased.
(4) ADMITTEDLY, there is no direct evidence of eye-witnesses. The case of the prosecution is primarily based upon the extra judicial confession of the appellant coupled with the discovery of new facts leading to recovery of weapon of offence and
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