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State of Rajasthan Vs. Teg Bahadur and ors.
Supreme Court of India
Sep-29-2004
Criminal
Indian Penal Code (IPC) - Sections 201, 202, 302, 304B and 498A; Code of Criminal Procedure (CrPC) - Sections 161 and 313; Evidence Act - Sections 113B and 114
2004(2)ALD(Cri)970; 2004(5)CTC201; JT2004(8)SC116; 2004(8)SCALE341; 2005(1)LC5(SC)
there was consequential harassment on his part. Counsel also urged that the presumption under Section 113B of the Evidence Act should have been drawn and the High Court seriously erred in acquitting the accused without properly appreciating the … on the basis of the evidence produced, held that Suman died on 9/10 September, 1994 in unnatural circumstances and that she had died due to … of villagers. On the basis of the written report, F.I.R. was lodged and a case was registered under Sections 498A, 302 and 202 I.P.C. The Investigation Officer PW-24 reached the place of incident and prepared the site
Tag this Judgment! AI Brief & AskPramod Mandal Vs. State of Bihar
Supreme Court of India
Sep-17-2004
Criminal
Indian Penal Code (IPC) - Sections 302 and 396; Evidence Act - Sections 9; Code of Criminal Procedure (CrPC) - Sections 162
2004(2)ALD(Cri)981; 2004(3)BLJR2105; JT2004(7)SC583; 2004(7)SCALE718
evidence is the evidence of identification in court. Apart from the clear provisions of Section 9 of the Evidence Act, the position in law is well settled by a catena of decisions of this Court. The facts, which … was given the benefit of doubt and acquitted. One Parsuram Paswan was sentenced to life imprisonment both under sections 396 and 302 IPC, while Rajesh Kumar Yadav was sentenced to life imprisonment under section 396 IPC. The
Tag this Judgment! AI Brief & AskSharaf Shah Khan and ors. Vs. State of Andhra Pradesh
Andhra Pradesh
Mar-16-1961
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 162, 237, 410 and 428; Indian Penal Code (IPC), 1860 - Sections 395, 400 and 411; Evidence Act, 1872 - Sections 9, 14, 54 and 114
AIR1963AP314; 1963CriLJ121
possession of an accused, was stolen is a condition precedent for any presumption under Section 114 of Indian Evidence Act. When the victims of different dacoities made rival claims to a particular article, the natural inference is that … Hyderabad, Mahboobnagar, Karimnagar and Raichur. The learned Sessions Judge acquitted accused 5, 9, 10, 12, 16, 20, 22, 25, 26 and 28 and convicted the … has been examined by the police officer and on which prosecution relies that the accused is entitled under Sections 207 and 173, to insist upon a copy of the statement being given to him, before commencing the
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In Re: Siram Reddi Simhachalam
Andhra Pradesh
Apr-17-1959
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 173(4); Evidence Act, 1872 - Sections 9, 11 and 35; Madras Educational Rules, 1958 - Rule 52; Madras District Municipalities Act, 1920 - Sections 358; Indian Penal Code (IPC) - Sections 21
AIR1960AP253; 1960CriLJ561
and sentences are set aside. Criminal - additional evidence - Section 173 (4) of Criminal Procedure Code, 1898, Sections 9, 11, 35 of Evidence Act, 1872, Rule 52 of Madras Educational Rules, 1958 and Section 358 of Madras … the matter.10. With regard to the proof of Ex. P-33 the prosecution relied on Section 35 of the Evidence Act. In this connection Sri A. Rama Rao cited the decisions in Seshagiri Rao v. Emperor, 1938 Mad WN
Tag this Judgment! AI Brief & AskIn Re: Mettu Pentayya and ors.
Andhra Pradesh
Apr-01-1959
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 161(3), 174 and 175; Evidence Act, 1872 - Sections 9 and 114
AIR1960AP545; 1960CriLJ1402
- value of evidence of eyewitnesses - Sections 161 (3),174 and 175 of Criminal Procedure Code, 1898 and Sections 9 and 114 Illustration 1 of Indian Evidence Act, 1872 - two persons murdered treachery by fishermen - evidences … the Police; and statements of a confessional nature not falling within the ambit of Section 27 of the Evidence Act. In judging this case, we have scrupulously eschewed from our consideration all such inadmissible documents.4. At the Sessions
Tag this Judgment! AI Brief & AskDil Bahadur Tamang Vs. State of Sikkim
Sikkim
Jul-05-2002
Criminal
Evidence Act, 1872 - Sections 9 and 32; Code of Criminal Procedure (CrPC) , 1974 - Sections 164; Indian Penal Code (IPC), 1860 - Sections 300, 302 and 449
2005CriLJ786
residence of L. B. Chettri at Sichey busty. Accordingly, his statement (Ext. P-2) under Section 27 of the Evidence Act was recorded and the scabbard (Ext.P-1) was recovered and seized vide Exhibit P-3. Thereafter, confessional statement (Ext.P-13) was … Sikkim rendered in Criminal Case No. 4 of 1998 whereby the appellant Dil Bahadur Tamang was convicted under Sections 302 and 449 of the Indian Penal Code and the order dated 3-9-2001 whereby he was sentenced to
Tag this Judgment! AI Brief & AskSantosh Devidas Behade and ors. Vs. State of Maharashtra
Supreme Court of India
Mar-06-2009
Criminal
Indian Penal Code (IPC), 1860 - Sections 141, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 162; Evidence Act, 1872 - Sections 9
JT2009(7)SC417; 2009(3)SCALE727; 2009(2)LHSC1020
evidence of identification in Court. Apart from the clear provisions of Section 9 of the Evidence Act, the position in law is well settled by … is no provision for it in the Code of Criminal Procedure, 1973 (in short the `Code') and Indian Evidence Act, 1872 (in short `Evidence Act'). It is desirable that a test identification parade should be conducted as soon … Bench of the Bombay High Court, Nagpur Bench, upholding the conviction of the appellants for offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC'). By
Tag this Judgment! AI Brief & AskDr. Shivamurthymurugha Sharanaru Vs. State Of Karnataka
Karnataka
Sep-13-2024
Land Acquisition
evidence. Marking the entire statement recorded under Section 164 of Cr.P.C as exhibit would be erroneous and the evidence Act does not permit such a mode of proof of any fact. If it is marked it would cause … or confession under Section 164?. What would be the position if the 9 person giving the statement resiles from the same completely when he is … in Crime No.387 of 2022 for offences punishable under Section 376(2)(n), 376(3), 149 of the IPC and under Sections 17, 5(L), and 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).
Tag this Judgment! AI Brief & AskB. Shankar and ors. Vs. State of A.P., Rep. by Its Public Prosecutor
Andhra Pradesh
Feb-03-2003
Criminal
Evidence Act - Sections 9; Identification of Prisoners Act 1920 - Sections 2 and 4; Code of Criminal Procedure (CrPC) - Sections 116, 161, 437(1) and 482; Indian Penal Code (IPC) - Sections 395, 396, 399, 400 and 402
2003CriLJ2242
these cases, the sentence as to fine shall remain unaltered. Criminal - time lag - Section 9 of Evidence Act, Sections 2 and 4 of Identification of Prisoners Act, 1920, Sections 116, 161, 437 (1) and 482 of Criminal
Tag this Judgment! AI Brief & AskState of Kerala Vs. Mariamma Abraham and anr.
Kerala
Sep-27-1968
Property
Land Acquisition Act, 1894 - Sections 19, 19(1), 19(2) and 23(1); Evidence Act, 1872 - Sections 9, 11, 32, 45, 114 and 115
AIR1969Ker265
similar property at or about the same time, what is relevant (under Section 9 or 11 of the Evidence Act) is not whether there was a valid transfer of title but the price actually paid for the property. … Section 32 of the Evidence Act. (It has been suggested that such a recital might be relevant under Sections 11 and 13 of the Evidence Act, but, speaking for myself it seems to me that these provisions
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