Court : Mumbai Aurangabad
..... " the hon'ble supreme court referred to the law with reference to section 32(1) of the indian evidence act, 1872 with reference to cases in which statement of relevant fact by person who is dead or cannot be found, etc ..... as such what the victim told the witnesses in present matter regarding ill-treatment after going to her parents place, would have to be treated as inadmissible under section 32(1) of the evidence act as it did not relate to cause of her death or circumstances of the transactions which resulted in her death. ..... in our considered view, the evidence of pw-4 and pw-5 about what the deceased ranjana rani @ raj kumari had told them against the accused about the torture and harassment is inadmissible under section 32(1) of the evidence act and such evidence cannot be looked into for any purpose. ..... after considering the law as regards section 32(1) of the indian evidence act, hon'ble supreme court referred to the facts of that matter in para 6 of its judgment, and in para 11 of the judgment it is observed as under: ..... complainant came to know that she had consumed some poisonous medicine and was taken to ahmednagar civil hospital where under treatment she expired. ..... suicidal but accidental, whether the oral evidence of witnesses about what the deceased had told them against the accused about the treatment meted out to her is admissible under section 32(1) of the evidence act to sustain conviction under section 498a, ipc? ..... their defence was of total denial ..... 2009 supreme court, 2603 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... instigates any person to do that thing; or secondly,-- engages with one or more other persons or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orthirdly. ..... presence of these witnesses is not seriously denied by the defence and from these circumstances, inference can be drawn that the prosecution has successfully established that the accused nos.1 and 2 were very much present along with indubai in the field on the relevant date ..... nothing has been brought on record by the defence in cross- examination of this witness so as to disbelieve his evidence.18 ..... within the purview of section 306 of ipc there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. ..... however, defence counsel, relying on the cross-examination of ..... the defence has brought on record in cross- examination of this witness that there is arrangement to get down in that well as the steps are prepared with the iron rods ..... is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. ..... of nct of delhi) (2009) 16 scc 605 had an occasion to deal with this aspect of abetment ..... state of maharashtra (2009 cri.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appellant questions conviction recorded in sessions case no.55/2009 for offense under section 395 of ipc, directing to undergo rigorous imprisonment for ten years and to pay fine of rs.5,000/-; in default, rigorous imprisonment for three months, by order dated 15.9.2011 of the learned assistant sessions ..... of involvement of minimum five persons for the offense was lacking in the said case and, in peculiar facts of the said case, the evidence was sufficient for the court to hold that there was really an act of theft committed by the appellant and other accused. ..... (c) the accused chatursing was arrested on 27.1.2010, gold ornaments worth rs.1,17,267/- were taken charge from him in terms of statement under section 27 of the evidence act under seizure panchnama. ..... facts: (a) in the night of 15.9.2009, pw no.1 dilip sable and dnyanoba sable were sleeping in the jewellery shop of his uncle, omkar jewellers with babasaheb arjun muli, arjun laxman jadhav, santosh balasaheb solunke, sandip chaganrao chalak. ..... state of bihar (2009 all scr 2526), to the matter of raj kumar @ raju v. ..... there was no controversy about five persons sleeping / resting in onkar jewellers at the material time in the night of 15.9.2009. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... inference can be drawn from the said incident in the tahsil office that, the accused wanted to create evidence so as to take defence that, on the date of incident, he was in the tahsil office for redressal of his grievance about not receiving compensation for acquisition of his ..... the principle laid down in section 106 of the evidence act is clearly applicable to the facts of the case and there is, therefore, a very strong presumption that dhapu kunwar was murdered by thakur singh. ..... in his examination in chief, he stated that, from june 2009 to october, 2010, he was attached to shrigonda police station as police ..... so far suggestion given by the defence that, there was no illtreatment or torture by the accused to jaya, he firmly denied the said ..... no material is shown that defence of the accused that, he went to his advocate in between 10.00 to 10.30 ..... our opinion, evidence of pw-8 in his examination in chief remain unshattered, nothing substantial has been brought on record by the defence so as to disbelieve the evidence of pw-8. ..... the false defence taken by the accused so as to save himself from commission of offence is one of the circumstances, which can be added in the chain of ..... has been brought on record by the defence so as to disbelieve evidence of pw-1. ..... the defence taken by him that, deceased jaya got down at khakibaba bus stop and he alone went to the komjai temple for darshan, and thereafter, the appellant accused went to shrigonda and met his advocate in between 10.00 to .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the instant case the suggestion given on behalf of the defence that the victim has falsely implicated the accused does not appeal ..... code and sentenced to suffer ri for 10 years and to pay a fine of rs.1000/- in default to undergo further ri for one month by sessions judge, osmanabad vide judgment and order dated 31.03.2011 rendered in sessions case no.16/2009, by this appeal questions the legality and correctness of his conviction and sentence. 2. ..... mind of the witness sometimes so operates on account of the fear of looking foolish or being disbelieved though the witness is giving a truthful and honest account of the occurrence witnessed by him-perhaps it is a sort of a psychological defence mechanism activated on the spur of the moment. ..... however, the trial court discarded the defence of the appellant and convicted him for the offence punishable u/s 376 of the indian penal code and acquitted him of the offence punishable u/s 506 of the ..... and the prosecutorix are closely related and he was of the age of her father and hence the prosecutorix might not have suspected that the appellant may play any wrong act with her in absence of her relatives. ..... in the indian setting refusal to act on the testimony of the victim of sexual assault in the absence of corroboration as a rule, is adding ..... even the act committed by the appellant was so sudden that the prosecutorix could not react immediately as she was carrying 7 months pregnancy and hence she could not have given alarm to help her .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in para 10 and 11 and arrived to the conclusion that, the injuries sustained by the deceased chhabubai were homicidal injuries and as a consequence her small instatine was damaged and resulted in her death.the defence which was taken by the appellants was that the injuries sustained by the deceased chhabubai to her intestine were accidental and were not homicidal. ..... the sessions court has given due consideration to the said submissions of the defence and has observed in para 12 that if chhabubai was really rolling then, there ought to have been injuries to ..... dealt with this aspect in para 11 of the judgment and reached to conclusion in para 12 that the defence theory itself is improbable and it is nothing but a after thought creation. ..... therefore, theory of rolling as suggested by the defence is not believable, nor it is believable that, deceased chhabubai sustained injuries to her intestine in such a manner and, therefore, the injuries sustained by the deceased ..... the learned additional public prosecutor submitted that, the act of the appellants/accused has been stated by the complainant which is supported by his wife and there is convincing medical evidence which leads to only conclusion that the appellants are responsible for the ..... taken the defence of total ..... in para 20 of the impugned judgment that, the disclosure made by the deceased before her parents shows that she was not being provided with food and such type of act can be done by her mother-in-law i. e. ..... reported in 2009 (3) mh. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... under the act, as it originally stood, every award lapsed at the expiry of one year; by amended act every award becomes quasi-permanent, subject to termination by either party by giving ..... the dispute between the parties is noted in para no.6 of the judgment, which reads thus : it is contended on behalf of the petitioner that under section 19(3) of the industrial disputes act, the award continues to be in force only for a period of one year from the date on which it becomes enforceable under section 17(1) and that the proceedings taken after the expiry ..... any person who commits a breach of any term of any settlement or award, which is binding on him under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both, and where the breach is a continuing one, with a further fine which ..... the handicap that a worker faced before introduction of this amendment was that a union at times would not canvass or agitate a personal dispute of a workman of the nature of ..... the award of an industrial tribunal or an adjudicator may impose upon an employer the duty of doing some act which extends over a period of time, such for example as the re-instatement of dismissed employees, or it may impose upon the employer an obligation ..... certain dearness allowance which, if not paid, created a debt in favour of the workmen and it was a binding debt which could be enforced by a civil suit and that the penalty clause in the act did not bar such a suit. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the accused, as mentioned, took the defence of denial and claimed that on 8th october, 1997 when f.i.r. ..... as it stood before amendment (at the time concerned) read as under: 376. ..... the accused pleaded not guilty and raised the defence of denial and false implication. 5. ..... however, thinking that the accused may repeat the act, on 8th october, 1997 she told the act to her brother, husband and parentsinlaw. ..... (12) the reluctance to face interrogation by the investigating agency, to face the court, to face the crossexamination by counsel for the culprit, and the risk of being disbelieved, acts as a deterrent. 12. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... we endorse the finding of the high court that section 118 of the evidence act does not preclude a child from being a witness and the only test that is applicable is as to whether the witness understood the sanctity of an oath and the import of the questions that were being put to him. ..... no.30, the hon'ble supreme court has observed that sanjay's evidence shows that though he was 11 years old, he was able to discern between right and wrong and despite of a searching cross-examination made by the defence lawyer nothing adverse could be brought out. ..... state of maharashtra,it has been observed that section 118 of the evidence act envisages that all persons shall be competent to testify unless the court thinks otherwise. 36. ..... it is also observed by the supreme court that such evidence must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. ..... irshad, claims that he has witnessed this incident and shortly thereafter when p.w.2 khairunbi happened to the house of the accused, irshad had disclosed the act of pouring kerosene and set rahana on fire by the accused to p.w.no.2 khairunbi. ..... state of maharashtra, reported in (2009) 6 supreme court cases, 712 and ii) state of madhya pradesh vs. ..... section 6 of the indian evidence act provides that the facts which, though not in issue, are so connected with a fact in issue, as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times .....
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