VINOD CHATTERJI KOUL
Ravi Kumar – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. This appeal has been filed against judgment and sentence passed by the learned Principal Sessions Judge, Kathua, (for brevity ‘trial Court’) vide order dated 24.11.2010 and 30.11.2010, whereby the appellants have been convicted for offences punishable under Sections 307/109 RPC and have been sentenced to undergo rigorous imprisonment for a period of 10 years and also fine of Rs.25,000/.
2. The brief facts of the case are that a written complaint was filed by Balwinder Kour stating therein that at about 10.30 am she was standing at Dayala Chak waiting for Matador to proceed to Sherpur to get medicine and Kewal Singh of her village came near her and she requested him for lift and they proceeded towards Sherpur and when they reached crossing the police personnel standing therein about 5-6 signalled to stop and asked them as to where they are going and they told them that they are going to Sherpur to purchase medicines but they refused to listen. In the meantime one constable on duty tried to force her to get down. Kewal Singh got down and he talked something with them and sat in the car and started driving and told the constables that if they want to enquire anything more
Devinder Singh and others Vs. State of Punjab
Joseph Kurian v. State of Kerala
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
The main legal principle established in the judgment is that public servants, including police officers, are entitled to protection under Section 197(2) of the Code if the alleged offences are reason....
The main legal point established in the judgment is the need for a reasonable nexus between the alleged act and the discharge of official duty, and the limitations of the protection under Section 197....
Public servants are protected under Section 197 of the Cr.P.C. from prosecution for acts done in discharge of official duties, requiring prior sanction for prosecution even if the acts involve excess....
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