Court : Karnataka
..... of the learned counsel appearing for the petitioner-complainant is that the learned district judge while exercising the powers under section 439 of cr.p.c, failed to take note of the gravity of the offences and also it is a case of throwing the acid and as a result the complainant sustained the burn injuries and the daughter also sustained the injuries. ..... these aspects have not been considered by the learned sessions judge while appreciating the case on hand and while passing the order, an observation is made that the possibilities of the accused ..... considered the materials on record and also the discussion made above, i am of the opinion that it is a fit 11 case to cancel the bail granted by the learned sessions judge invoking under section 482 of cr.p.c.11. ..... hence, the learned sessions judge failed to appreciate the facts of the case and also the gravity of the offences and committed an error in taking note of the seriousness of the charges levelled 10 against the accused and it is the case of acid attack on his own sister-in-law that too, who lost her husband and the husband is also none other than the brother of the ..... is also observed in the order that prior to the institution of the present case, the relationship was strained between the parties. ..... the factual matrix of the case is that the complainant, who is the sister-in-law of the accused had given the statement in the hospital that, when the complainant and her daughter are in the house, this petitioner came in connection 3 .....
Tag this Judgment!Court : Karnataka
..... it requires for consideration of the evidence of those witnesses insofar as identification of 39 accused nos.3 to 7 wherein the trial court has held that delay in conducting test identification parade is fatal to the prosecution case and also erroneously held that the evidence of pw.86 taluk executive magistrate and also evidence of pws.12 to 14 have not been inspired the confidence in the mind of the court. ..... accused to face the trial, that the trial court heard the arguments of the learned spl public prosecutor and also defence counsel and on prima facie case against the accused found that that charges were framed against the accused and read over the charges to all the accused in the language known to them ..... therefore, cw.2 arun kumar shetty proceeded to shankarnarayana police station and lodged missing complaint on 07.01.2013 which was received on 08.01.2013 in the night at 00.15 hours and case was registered in crime no.54/2013 by shankarnarayana police station house officer namely dejappa who is cited as cw.129 and cw.127 then one police officer of shankarnarayana police station came to 17 be informed by cw.2 arun kumar ..... of law that reliance can be based even on the solitary statement of the witnesses and if the court comes to conclusion that the said statement is true version and also correct version of the case of prosecution it is the quality of the evidence and not quantity of the evidence which is required to be judged by the court by placing credence on the statement. .....
Tag this Judgment!Court : Karnataka
..... the second limb of arguments advanced by the learned hcgp for the state is by referring to the evidence of pw-3 to pw-5 who are the father and independent witness who have also supported the case of the prosecution by giving evidence which is in conformity with the allegation made in the complaint at exhibit p12 and further substance of evidence at exhibit p15 of the fir recorded by the investigating ..... ,(l) this court made the following observations: another golden thread which runs through the web of the administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted this principle has a special relevance in cases where in the 91 guilt of the accused is sought to be established by circumstantial evidence ..... of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other 73 circumstances of the case, that such suicide had been abetted by her husband or by such relative of her ..... law. but punishment under section 306 of ipc has been awarded in the instant case for a period of three years with fine inclusive of section 498-a of ipc which is incorporated in the operative portion of the order which is under 66 challenge under this appeal filed by appellant nos.1 and 2 being arraigned .....
Tag this Judgment!Court : Karnataka
..... himachal pradesh,(l) this court made the following observations: another golden thread which runs through the web of the administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should ..... in view the evidence of pw.1 who is the author of the complaint and based upon his complaint criminal law was set into motion and thereafter investigating officer has taken up the case and thoroughly investigated the case and secured material evidence and laid the charge sheet against the accused. ..... all the reliances which are required to be considered in facts and circumstances of the case where the prosecution has miserably failed to prove the guilt of the accused by facilitating ..... in para 162 it is held as under: moreover, in m.g.agarwal case this court while reiterating the principles enunciated in hanumant case observed thus: if the circumstances proved in the case are consistent either with the innocence of the accused or with his guilt, then the accused is entitled ..... has been mentioned in any of the mahazar marked in the prosecution case even the priest in the temple was subjected as witness to prove ..... factual matrix of this appeal is as under: it transpires from the case of the prosecution that cw.2 being victim and who is arraigned as pw.2 has been 5 subjected to examination on the part of the prosecution to prove .....
Tag this Judgment!Court : Karnataka
..... of ipc, 1860 murder circumstantial evidence- each of circumstance must be proved beyond reasonable doubt by independent evidence, giving no room for any hypothesis, other than guilt of accused- none of circumstance, in instance case, held, satisfies this standard investigation in instant case is directed at proving pre-conclusion that accused was guilty, rather than other way round with investigation leading to conclusion that he was guilty judgment and order of high court convicting ..... pw.1 to pw.5 who are the material witnesses and also being the neighbourers of deceased bhagyamma and the accused girish, they are the material witnesses to 11 the case of the prosecution but the trial court has failed to appreciate their evidence coupled with the evidence of pws.6, 7 and 8 being the witnesses in respect of the marriage of the deceased bhgayamma with the ..... 15 the responsibility vested with him and also he is duty bound to explain the cause of death of the victim namely bhagyamma who is none other his wife and shruthi, his baby girl aged of 3 months.14. the case has to be dealt with keeping in view of the scope of section 106 of evidence act, 1872 as he being the accused arraigned in ..... is an admitted fact which is also revealed from the evidence of pw.14, pw.15 and pw.16, that the accused girish used to come to their village at the time of festivals and holidays but it is not the case of the prosecution that on the date of incident there was any festival or it was any holiday .....
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..... remote 11 point can be excluded from the remote point at the time of recording evidence of the witness?.2) whether a party to the proceedings could be excluded from personal presence at the remote point where evidence of a witness in the case is being recorded at the remote point?.3) what order or direction is required to be issued?.5. ..... further, rule 14.7 also gives discretion to the court in a given case to permit the advocate or any other 27 participants that court deems necessary at the remote point or court ..... personal meetings are better for hastening out case strategies, fact gatherings and basic legal ..... 8.16 subject to such orders as the court may pass, in case any party or person authorized by the party is desirous of being physically present at the remote point at the time of recording of the testimony, such a party shall make its own arrangement for appearance/representation at ..... ors.2 and has also referred to the judgment rendered by the andhra pradesh high court in the case of sirangai shoba @ shoba munnuri vs. ..... the principles of the hon'ble apex court in the case of shrimati jamilabai abdul kadar vs. ..... therefore, in the present case on hand, defendant no.2 is entitled to seek legal assistance even when he is being cross-examined by way of ..... his arguments, he has placed reliance on the decision rendered by the delhi high court in the case of milano impex pvt. ..... now in a given case, where parties consent to record ocular evidence through video conferencing has to meet the above .....
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..... himachal pradesh (air1973sc2773, this court made the following observations:"another golden thread which runs through the web of the administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be ..... pws.2 and 7 being the partents of pw1 - devarajamma and they have also stated in their evidence and their evidence support to the case of prosecution and there is some inconsistent in the evidence of pw1 - devarajamma relating to the complaint - ex.p1 and equally consistent evidence had been given by ..... section 323 of the indian penal code, 1860 and so also the ingredients of section 307 of the indian penal code, 1860 in the instant case and even the prosecution has led-in the examination of pw1 - devarajamma, who is an injured as per wound certificate as per ex.p6. ..... manjunatha, whereby she has approached badavanahalli police station in tumakuru district and based upon her complaint, the case in crime no.83/2013 was registered against the appellant/ accused and four others for the offences punishable under sections 114, 323, 307, 498a read with section 149 of indian ..... - devarajamma and there are some differences arose in that regard, the accused who is her husband had registered the matrimonial case relating to the family disputes emerged in between them, such as mc no.57/2010 before the court seeking divorce. .....
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..... also re-appreciate the evidence such as evidence of pw.1 and pw.4 and so also pw.6 who are the parents and brother of the deceased, and pw.7 to pw.9 who are the relatives of the deceased and they have supported the case of the prosecution relating to the death of the deceased and whereby the deceased was meted out physical and mental harassment in the hands of accused no.1, who is her husband and also in the hands of accused no.2 and ..... state of maharashtra reported in air9(1984) 4 scc11641 1972 sc656 it may be useful to extract what mahajan, j.has laid down in hanumant case reported in air1952sc343 it is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis ..... a close analysis of this decision would show that the following conditions must be fulfilled before a case 42 against an accused can be said to be fully established: (1) the circumstances from which the conclusion of guilt is to be drawn should be fully ..... "soon before" is a relative term and it would depend upon the circumstances of each case and no straitjacket formula can be laid down as to what would constitute a period of soon before the ..... subsequent to filing of the charge sheet by the investigating officer, the case was committed by the trial court by passing an order as contemplated under section 209 .....
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..... a close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established: (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established ..... in this judgment of ram niwas, the hon ble supreme court has also referred to the case of sharad birdhichand sarda (supra), particularly to paragraph 153 of the said judgment, which reads thus:153 ..... though the prosecution has examined several witnesses and got marked several documents in support of its case, no worthwhile evidence has been let in to prove the guilt against the accused. ..... it is very difficult to set any universal principle which could be applied to all cases irrespective of the facts, circumstances and the findings returned by the court of competent jurisdiction ..... pw-7 and pw-8 have been examined on the part of the prosecution and even the dead body has been exhumed and proceeded further but they did not support the case of the prosecution and there appears to be inconsistencies and contradictions in their statements. ..... maharashtra reported in (1984) 4 scc116:: air1984sc1622wherein it is held as under: evidence-circumstantial evidence - onus on prosecution to prove that chain is complete - infirmity or lacuna in prosecution cannot be cured by false defence or plea the following conditions must be fulfilled before a case against an accused based on circumstantial evidence can be said to be fully established:1. .....
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..... pw.4 and pw.23 are the witnesses examined by the prosecution in order to prove the 35 contents of ex.p6-inquest panchanama and both the said witnesses have supported the prosecution case and identified the signature on inquest lmahazar-ex.p6 and also deposed about the injuries found on the dead body. ..... the golden thread which runs through the web of administration of justice in criminal cases is that, if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused persons and the other to their innocence, the view which is favourable to the accused persons should be adopted ..... he further contends that though there is a little delay in transmitting the f.i.r from the police station to the jurisdictional magistrate, the same does not go into the root of the prosecution case when there is ample evidence available on record to prove the guilt of the accused. ..... the non-lodging of the complaint by pw.22 will not be fatal to the prosecution case since the said witness informed the incident to pw.23 to lodge the complaint. ..... hence, the evidence of pw.23-complainant will not much helpful to the prosecution case since pw.23 turned hostile in respect of the alleged incident is concerned.22. ..... i) pw.1-k.suleman, who is the father of the deceased nousheer in this case has stated that the accused and deceased were friends and on 17.04.2014, when he was at his house, he heard the screaming sound near his house and pw.3 and pw.4 informed him that accused nos.1 and 2 .....
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