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Devappa Halageri S/O Bheemeppa Halageri Vs. State of Karnataka

Court : Karnataka Dharwad

..... hands he could turn into a criminal and wreck havoc on the civil society. 8 13. apart from the apprehensions, it is the duty cast upon the courts to act as a guardian of minor children. the safety and health of minor children is predominant. the right of an adult must necessarily cede to the right of a minor. ..... prosecution on registration of fir has indicted the accused for the offences punishable under sections 376 and 506 of i.p.c. and under section 4 of the pocso act. the accused was arrested and remanded to judicial custody. thereafter the investigation officer has moved an application and the learned public prosecutor seeking permission to conduct dna examination of ..... the order dated2310.2014 passed by the dist. & sessions judge, koppal, in fir (posco) no.373/2014, for the offences p/u/s376 506 of ipc and4of posco act, 2012. this petition coming on for admission this day, the court made the following: order this petition is filed by the accused praying to call for the records and set .....

State by Garag Police, Dharwad. Vs. Dyamavva, W/O Sri Yallappa Madar, ...

Court : Karnataka Dharwad

Reported in : 2008(5)KCCR3593(DB)

..... 2001, acquitting the accused for the offences under sections 498-a, 304-b and 306 r/w 34 ipc and sections 3, 4 and 6 of the dowry prohibition act ('the act' for short), present appeal is filed by the state.2. the brief facts giving rise to the present case, as per the prosecution story are, as follows:accused ..... place almost 8 years back. for the same reason, we do not propose to impose the prescribed minimum period for the offence under section 3 of the dowry prohibition act. ail the sentences now imposed shall run concurrently. while considering the length of imprisonment, the period during the trial for which the accused were in custody shall be given ..... to be registered against all the accused for the offences under sections 498-a, 306, 304-b ipc as well as under sections 3, 4 and 6 of the act.4. the usual procedures like holding of mahazars, sending the dead body for autopsy, gathering evidence including recording the statements of witnesses and neighbours takes place and thereafter .....

Sachin Vs. The State of Karnataka

Court : Karnataka Dharwad

..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....

Basappa Vs. IndraGouda and Others

Court : Karnataka Dharwad

..... for the respondents would contend that even though there is no specific acquittal of the accused of the offences punishable under sections 3 and 4 of the dowry prohibition act, the same can be inferred from the contends of the judgment. the accused having been acquitted of the offences punishable under section 143, 304b, 498a and 302 ..... instant case, there is no acquittal granted to the accused with reference to charge no.4, namely the offences under sections 3 and 4 of the dowry prohibition act read with section 149 of the indian penal code. 12. in an identical circumstance, the honourable supreme court, in the case of state of andhra pradesh versus gowthu ..... accused for the offences punishable under sections 143, 498a, 304b read with section 149 of the indian penal code and section 3 and 4 of the dowry prohibition act. the case was committed to trial. the accused pleaded not guilty. in order to prove its case, the prosecution examined seventeen witnesses and marked fourteen exhibits along .....

Sonutai @ Sonabai Vs. the Secretary, Government of India, New Delhi an ...

Court : Karnataka Dharwad

Reported in : 2012(3)KCCR1872

..... statement? 7. whether the defendant no.3 proves that this court has no jurisdiction to try the suit in view of the pension act, 1871? 8. whether the plaintiff is entitled to the reliefs, which she has claimed in the suit? 9. what order/decree? 13 ..... and 4 was that the suit was in the first instance not maintainable, in view of section 4 of the pensions act, 1871 [for short, the act], it was also pleaded that the suit was barred by limitation, having been filed more than 12 years after the ..... laws to suit the needs and requirement of our people in our society. the pensions act, 1871 is a relic of the british legacy a law made in the year 1871, but has merrily continued even as on date only because of article 13 of the ..... . with these developments, plaintiff was advised to go before civil court by filing a petition under section 372 of the indian succession act, 1925 in pandsc no.2 of 20o6 for getting a suitable succession certificate. 9. however, plaintiff having realized that said proceedings were .....

Sushma W/O Suchetan Poojari Vs. The State of Karnataka

Court : Karnataka Dharwad

..... been made, that on account of illicit relationship which her husband is having with the petitioner, he is not properly taking care of the :6. : complainant and there are acts of physical assault, harassment and demand for dowry etc.8. in state of haryana vs. bhajan lal, 1992 scc (cri) 426, apex court has held, that in ..... his relatives. the complainant has alleged that her husband is having an affair (illicit relationship) with the petitioner and is not properly taking care of her and committed the acts of physical assault, abuse in vulgar language and ill- treated, both physically and mentally. apart from demand for dowry, cruelty and the harassment, the complainant has made certain ..... .no.7/2015 of hubli dharwad women police station, for the alleged offences punishable under sections498, 323, 504 506 r/w s.149 ipc and sections3and4of dowry prohibition act, vide annexure a and complaint vide annexure b, on the file of ii acj and jmfc, dharwad in so far as they relate to the petitioner, in the .....

Srinivas Prabhakar Hooli Vs. The State of Karnataka

Court : Karnataka Dharwad

..... about the ill-treatment and harassment, amounts to oral dying declaration, which is a relevant piece of evidence under the provisions of section 32 (1) of the evidence act. :49. :27. another important aspect of the case is that, this is the incident, which took place inside the residential house, wherein the accused, deceased and ..... he made the submission that the facts about the death of deceased were within the knowledge of the accused person and therefore as per section 106 of the evidence act, the appellant-accused is the proper and competent person to explain about the circumstances and the :14. : reasons about the death of the deceased. he submitted ..... the accused for the offence punishable under sections 498a, 302 and 201 of ipc and acquitted for the offence punishable under sections 3 and 4 of dowry prohibition act. being aggrieved by the judgment and order of conviction, the appellant/accused is before this court in this appeal challenging the legality and correctness of the judgment .....

Sushma Vs. The State of Karnataka and Another

Court : Karnataka Dharwad

..... statement has been made, that on account of illicit relationship which her husband is having with the petitioner, he is not properly taking care of the complainant and there are acts of physical assault, harassment and demand for dowry etc. 8. in state of haryana vs. bhajan lal, 1992 scc (cri) 426, apex court has held, that ..... his relatives. the complainant has alleged that her husband is having an affair (illicit relationship) with the petitioner and is not properly taking care of her and committed the acts of physical assault, abuse in vulgar language and ill-treated, both physically and mentally. apart from demand for dowry, cruelty and the harassment, the complainant has made ..... case in crime no.7/2015, for the offences punishable under ss.498-a, 323, 504, 506, 149 of ipc and under ss.3 and 4 of dowry prohibition act, 1961 against amarnath and 6 others, including the petitioner (a7), and submitted the fir to the jmfc-ii court, dharwad. investigation having been taken up by the police .....

Srinivas Prabhakar Hooli Vs. The State of Karnataka

Court : Karnataka Dharwad

..... about the ill-treatment and harassment, amounts to oral dying declaration, which is a relevant piece of evidence under the provisions of section 32 (1) of the evidence act. 27. another important aspect of the case is that, this is the incident, which took place inside the residential house, wherein the accused, deceased and their ..... made the submission that the facts about the death of deceased were within the knowledge of the accused person and therefore as per section 106 of the evidence act, the appellant-accused is the proper and competent person to explain about the circumstances and the reasons about the death of the deceased. he submitted that only ..... the accused for the offence punishable under sections 498a, 302 and 201 of ipc and acquitted for the offence punishable under sections 3 and 4 of dowry prohibition act. being aggrieved by the judgment and order of conviction, the appellant/accused is before this court in this appeal challenging the legality and correctness of the judgment .....

Punit S/o Bhimsingh Rajput Vs. State Of Karnataka

Court : Karnataka Dharwad

..... in a private mobile shop. such a situation is not contemplated. 52.4. any electronic evidence would have to be proved in terms of the indian evidence act and the information technology act and it is required that section 65-b certificate to be produced therewith. it is on account of not having produced such a certificate, that recording was not ..... shall be deemed to have caused her death. explanation. for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprison-ment for a term which shall not be less than seven years but which ..... crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at sarvodaya hospital, .....