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J. C. SHAH, K. SUBBA RAO, P. B. GAJENDRAGADKAR
Shambhu Nath Singh – Appellant
Versus
State Of Bihar – Respondent
Judgment
SHAH, J. : This is an appeal by special leave. Before the Additional Judicial Commissioner Chotanagpur at Daltongunj, fourteen persons were put up for trial for offences punishable under Sections 147, 148, 302, 302 read with S. 149 of the Indian Penal Code and Ss. 19 (E) and 19 (F) of the Arms Act. The Additional Judicial Commissioner convicted nine out of the fourteen persons. He convicted the 1st accused Shambhu Nath Singh for the offence under S. 302 and for offences under Ss. 302 read with S. 149 and S. 148 of the Indian Penal Code and 19 (F) of the Arms Act. For the offence under S. 302 of the Indian Penal Code, the 1st accused Shambhu Nath Singh was sentenced to transportation for life; for the other offences no separate sentences were passed. The learned Judge convicted accused Nos. 2, 3 and 4 for offences under Sec. 326 read with Sec. 149 and 148 of the Indian Penal Code and sentenced each of them for the offence under Sec. 326 read with Sec. 149 to suffer rigorous imprisonment for six years. For the offence under Sec. 148 of the Indian Penal Code, he did not impose a separate sentence. He convicted accused Nos. 5, 6, 7, 8 and 14 for offence under Sec. 326 read with
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A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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