IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1955/2010 AVTAR SINGH Appellant(s) VERSUS STATE OF M.P. (NOW CHHATTISGARH) Respondent(s) O R D E R We have heard learned counsel for the parties. One of the arguments raised by the appellant is that the Trial Court has convicted the appellant for an offence under Section 302 read with section 34 of IPC, whereas, the High Court without any cross appeal by the State has convicted the appellant for an offence under Section 302 IPC substantively. Secondly, the argument is that the order of this Court in Criminal Appeal No.428/89 dated 27/11/1997 had given a finality to the acquittal of the appellant for the offence under section 302 IPC, when this Court has allowed the appeal of the appellant and another two co-accused. We do not find any merit in the arguments raised. A perusal of the order of this Court shows that the High Court had allowed the complainant’s revision petition against the acquittal of all the accused and ordered a retrial qua the accused number 1 to 3, including appellant. This Court found that such
course adopted by the High Court is not sustainable and the order of the High Court, to the extent the re-trial was ordered in respect of all the accused, was set aside. This Court in appeal specifically mentioned that appeal of the appellant was pending before the High Court and thus no observation was made regarding the same as it had to be decided by the High Court on merits. Hence, the acquittal of the appellant for the offence under Section 302 IPC had not attained finality as it was the subject matter of appeal, may be at the instance of the appellant. We also do not find merit in the argument that the appellant could not be convicted for an offence under Section 302 IPC without any cross appeal on behalf of the State. It is noted that the appellant is the sole convict. The High Court found from the statement of Amar Singh (PW-45) that the appellant fired from the fire arm in his hands. It was the said fatal shot which has taken the life of the deceased Mrs. Swadesh Neelam. Still further, the postmortem report shows the entry and exit wound in the skull of the deceased. There was direct evidence on record implicating the appellant under Section 302 IPC. The argument that without cross appeal the conviction of the appellant for an offence under Section 302 read with
Section 34 IPC could not be converted to one under Section 302 IPC is not sustainable in view of Section 386 of the Code of Criminal Procedure, 1973, which permits the High Court to modify the conviction of one offence to another. In view of the said fact, the High Court has not committed any illegality in convicting under Section 302 IPC. Accordingly, the appeal is dismissed. Pending application (s), if any, also stand disposed of. .......................J. [ HEMANT GUPTA ] .......................J. [ VIKRAM NATH ] New Delhi; AUGUST 23, 2022.
ITEM NO.101 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 1955/2010 AVTAR SINGH Appellant(s) VERSUS STATE OF M.P. NOW CHHATISGARH Respondent(s) Date : 23-08-2022 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE VIKRAM NATH For Appellant(s) Mr. Vikas Singh Jangra, AOR For Respondent(s) Mr. Sumeer Sodhi, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application (s), if any, also stand disposed of. (HARSHITA UPPAL) (RENU BALA GAMBHIR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.20 REGISTRAR COURT. 1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Criminal Appeal No(s). 1955/2010 AVTAR SINGH Appellant(s) VERSUS STATE OF M.P. NOW CHHATISGARH Respondent(s) (with office report) Date : 05/09/2014 This appeal was called on for hearing today. For Appellant(s) Mr. Vikas Singh Jangra,Adv. For Respondent(s) Mr. Dharmendra Kumar Sinha,Adv. UPON hearing the counsel the Court made the following O R D E R The matter falls under complete category. Office to process as per order dated 21.2.2014. (PANKAJ BHANDARI) Registrar
\220 ITEM NO.20 REGISTRAR COURT. 1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR PANKAJ BHANDARI Criminal Appeal No(s). 1955/2010 AVTAR SINGH Appellant(s) VERSUS STATE OF M.P. NOW CHHATISGARH Respondent(s) (with office report) Date : 05/09/2014 This appeal was called on for hearing today. For Appellant(s) Mr. Vikas Singh Jangra,Adv. For Respondent(s) Mr. Dharmendra Kumar Sinha,Adv. UPON hearing the counsel the Court made the following O R D E R The matter falls under complete category. Office to process as per order dated 21.2.2014. (PANKAJ BHANDARI) RegistrarSignature Not VerifiedDigitally signed byHema JoshiDate: 2014.09.1516:07:09 ISTReason:
NITEM NO.19 REGISTRAR COURT.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO(s). 1955 OF 2010 BEFORE THE REGISTRAR SANJIV JAINAVTAR SINGH Appellant (s) VERSUSSTATE OF M.P. NOW CHHATISGARH Respondent(s)(With appln(s) for bail and office report )Date: 21/02/2014 This Appeal was called on for hearing today.For Appellant(s) Mr Anshuman Upadhyay, Adv. Mr. Hari Shankar K,Adv.For Respondent(s) Mr Atul Jha, Adv. Mr. Dharmendra Kumar Sinha,Adv. UPON hearing counsel the Court made the following O R D E R The ld. Counsel for the appellant states that he does not want tofile additional documents. Matter falls under complete category. It be processed for listingbefore the Hon'ble Court as per rules.| | |(SANJIV JAIN) || | |REGISTRAR |hj
Ð ITEM NO. 1 COURT NO.3 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Crl.MP No. 10687 of 2013 IN CRIMINAL APPEAL NO. 1955 OF 2010 AVTAR SINGH Appellant (s) VERSUS STATE OF M.P. NOW CHHATISGARH Respondent(s) (With appln(s) for bail and office report) Date: 28/10/2013 This Application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE RANJAN GOGOI For Appellant(s) Mr. Hari Shankar K,Adv. Mr. Aditya Verma, Adv. Ms. Lakshmi, Adv. Mr. Anshuman Upadyay, Adv. For Respondent(s) Mr. Atul Jha, Adv. Mr. Sandeep Jha, Adv. Mr. Dharmendra Kumar Sinha,Adv. UPON hearing counsel the Court made the following O R D E R Having heard the learned counsel for the parties to the lis and also in view of the peculiar facts and circumstances of the case, we deem it proper to release the applicant/appellant on bail. Accordingly, we direct that the applicant/appellant be released on bail subject to the satisfaction of the Trial Court. Ordered accordingly. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] ||Court Master | |Asstt. Registrar |
Ä ITEM NO. 2 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRLMP No. 10687/2013 IN CRIMINAL APPEAL No. 1955 OF 2010 AVTAR SINGH Appellant (s) VERSUS STATE OF M.P. NOW CHHATISGARH Respondent(s) (For Bail and office report) Date: 04/07/2013 This Application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE DIPAK MISRA For Appellant(s) Mr. Hari Shankar K,Adv. Mr. Vikas Singh Jangra, Adv. Mr. Aditya Verma, Adv. For Respondent(s) Mr. Atul Jha, Adv. Mr. Sanjeep Jha, Adv. Mr. Dharmendra Kumar Sinha,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the appellant/applicant is directed to produce the custody certificate after obtaining the same from a competent authority. List thereafter. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] ||Court Master | |Asstt. Registrar |
.ITEM NO.70 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3484/2010(From the judgement and order dated 16/12/2009 in CRLA No.90/1983 of The HIGH COURT OF CHATTISGARH AT BILASPUR)AVTAR SINGH Petitioner(s) VERSUSSTATE OF M.P. NOW CHHATISGARH Respondent(s)(With appln(s) for exemption from filing O.T. and bail andoffice report)Date: 04/10/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE H.L. DATTUFor Petitioner(s) Mr. Surendra Singh, Adv. Mr. Hari Shankar K,Adv. Mr. Vikas Singh Jangra, Adv.For Respondent(s) Mr. Atul Jha, Adv. Mr. Dharmendra Kumar Sinha,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Application for grant of bail at this stage is rejected. The appeal will be heard on the SLP Paper Book. Additional documents, if any, may be filed by the parties.(VINOD LAKHINA) (KUSUM GULATI) Court Master Court Master
ÄITEM NO.17 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2010 CRLMP.NO(s). 7747(From the judgement and order dated 16/12/2009 in CRLA No. 90/1983of The HIGH COURT OF CHATTISGARH AT BILASPUR)AVTAR SINGH Petitioner(s) VERSUSSTATE OF M.P. NOW CHHATISGARH Respondent(s)(With appln. for c/delay in filing SLP)Date: 16/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE DEEPAK VERMAFor Petitioner(s) Mr.Surendra Singh, Sr.Adv. Mr.Vikas Singh Jangra, Adv. Mr. Hari Shankar K,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. [ Usha Bhardwaj ] [ Pushap Lata Bhardwaj ] Court Master Asst.Registrar