Court : Kolkata
Decided on : Mar-07-2007
Reported in : 2007(3)CHN586
..... defence in a very effective fashion and we are of the view that the burden of proof cast upon the defence within the meaning of section 105 of the evidence act stood discharged see: bhikari v. state of uttar pradesh, 1966 cr. lj 63 and t. n. lakshmalah v. state of karnataka : air2001sc3828 , shrikant anandrao bhosale v. state ..... where debarata mookherjee, j. speaking for the said division bench held:there is a distinction, having a widely differing effect, between incapacity at the item of doing the act charged and incapacity at the time of trial. while both are induced by unsoundness of mind, the former is substantive which.excuses the offence under section 84 of the ..... of colours in the forenoon of 20.3.2000. amongst the advent of spring and the riot of colours the house of rampada manna was splashed red. the act of the appellant, which spotted the house red with blood, forms the chemistry in this appeal.2. factual matrix of the allegations, although adumbrated elaborately in the judgment .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-16-2007
Reported in : 2007(4)CHN842
..... would be required to control a particular situation. it is quite different from sitting and calculating in a cool and serene atmosphere of a court room dissecting the acts and counter-acts alleged by parties. this observation has been approved by the supreme court in the case of akhilesh prasad (supra). again in the cases of empress v. ..... dated 14.03.2007 under section 147/148/149/341/186/353/332/333/506/307/120b of indian penal code, 9(b) of ie act, 25/27 arms act and 3(2) pdpp act has been registered on the complaint of amit kumar hati, sub-inspector of police.iii) after the police firing, the crowd withdrew from the ..... therefore, declare the aforesaid regulation ultra vires, articles 14, 19 and 21 of the constitution of india.97. learned advocate general has submitted that the criminal procedure code, 1973, police act, 1861 and the police regulations, bengal, 1943 have all been enacted to enable the government to exercise sovereign authority. therefore, there was no scope for this court to .....
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