Court : Mumbai Nagpur
..... crime. his bail bonds shall stand cancelled. seized property be destroyed after appeal period is over. b. consequently, criminal appeal no. 59 of 2012 filed by the state under section 377 of the code of criminal procedure, seeking enhancement of sentence, is dismissed. c. fees of the learned counsel (appointed) for the respondent/ accused are quantified at rs.5 ..... in datta v. state of maharashtra, (2013) 14 scc 588, hon'ble apex court refused mitigation in the sentence on the ground that the incident had happened way back in 1984 when the accused was a young man and at that juncture, he was a married family person. in state of m.p. v. bane singh, (2005) 12 scc ..... to be inflicted in present matter. he points out that the accused has committed rape on a minor girl aged about 13 years and looking to the accompanying offending acts, the approach of the trial court is perverse and against the settled principles of law. he has relied upon various judgments to which we will make reference a little .....
Tag this Judgment!Court : Mumbai Nagpur
..... have been found with the blood of group a, which is the blood group of deceased harsha and meena. he further submits that on a memorandum under section 27 of the indian evidence act the weapons used in the crime i.e. axe and iron rod have been also seized. he further submits that the medical evidence corroborates with the injuries ..... accused. 12. it will be appropriate to refer to the following observations of the apex court in the case of sharadbirdhichand sarada v/s. state of maharashtra reported in air 1984 sc 1622. 151. before discussing the cases relied upon by the high court we would like to cite a few decisions on the nature, character and essential proof required ..... of blood stained clothes at the time of arrest. (vi) seizure of weapons used in the crime i.e. axe and iron rod on a memorandum under section 27 of the indian evidence act. (vii) the chemical analyzer's report finding blood on the clothes seized from the accused and the weapons used in the crime having blood group a which .....
Tag this Judgment!Court : Mumbai Nagpur
..... the sessions court. the accused was charged for the offences punishable under sections 302, 201, 379, 376 read with sections 511, 403, 506 of the indian penal code and under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act. the accused pleaded not guilty and claimed trial. his defence was ..... for the appellant placed heavy reliance on the judgment of the apex court in the case of sharad birdhichand sarda .vs. state of maharashtra, reported in (1984) 4 supreme court cases 116 in support of her submissions. 5. per contra, the learned additional public prosecutor for the state vehemently submitted that the investigating ..... the learned sessions judge, what emerges is though, the learned sessions judge referred to many circumstances for holding the appellant /accused guilty of the charge under sections 302 and 201 of the indian penal code, these circumstances can be summarized in following four broad categories. 1] the death of deceased/victim shital .....
Tag this Judgment!Court : Mumbai Nagpur
..... it must consider all statements in examination-in-chief as well as cross-examination of the witness in view of well defined meaning of 'oral evidence' under section 3, indian evidence act, 1872. this has not been done in this case and, therefore, it must be said that the whole process of scrutiny of evidence available on record ..... all or some of the statements as being reliable or unreliable, as the case may be, but must it consider them all. the reason is that under section 3, indian evidence act, 1872, oral evidence means and includes all statements permitted or required to be made before the courts in relation to matters of fact under inquiry. when ..... sale deed in question was null and void and not binding on them, but also for a decree of possession and permanent injunction. therefore, even under section 34 of the specific relief act, the suit filed by the appellants/plaintiffs was and is maintainable. 31. in view of above discussion, the substantial question of law in second appeal no .....
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