Court : Mumbai
Reported in : 2007CriLJ3139
..... in this view of the matter, we do not find any fault with the findings recorded by the trial judge that the appellant is guilty of the offences punishable under section 302, 304-b and 498-a of the ipc. ..... on the basis of this dying declaration offence under section 307 and 498-a of the ipc came to be registered. ..... for the second offence, appellant is sentenced to suffer rigorous imprisonment for 10 years and, for the third offence, he is sentenced to suffer rigorous imprisonment for one year and to pay fine of rs. ..... 4) were tried for the offences punishable under section 302, 304-b, 498-a read with section 34 of the indian penal code (in short 'the ipc'). ..... after registration of the offence, ps1 deepak waghmare took over the investigation. ..... for the first offence he is sentenced to suffer imprisonment for life and to pay a fine of rs. ..... 2 to 4 of a]l the offences and convicted the appellant and sentenced him as stated earlier, as his complicity in commission of homicide is established by the evidence of the prosecution witnesses.16. ..... the prosecution has examined pw 1 and pw 4 on the point of oral dying declaration as well as to establish the motive for the commission of the offence. ..... 2, 3 and 4 are acquitted of all the offences.2. ..... appellant is convicted of these offences. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj1134
..... perusal of the judgment and order passed by the trial court discloses that after appreciating the evidence led by the prosecution, the magistrate was convinced that the offence under section 498a was made out against the present applicant and, therefore, the magistrate convicted and sentenced the applicant as aforesaid.3. ..... on record, i am of the opinion that the proper course would be to remand the matter to the appellate court with a direction to marshal and analysis the evidence led by the prosecution and thereafter come to a finding whether the offence under section 498a is made out against the applicant or not. ..... the applicant who was charged along with two others for the offence under sections 498a, 323 read with 34 of indian penal code was convicted under section 498a only and acquitted of the offence under section 323 and the other two accused were acquitted of the offence for which they were charged. ..... in appeal from conviction by the accused from the judgment and order of conviction, it is necessary for the appellate court to marshal the prosecution evidence and only thereafter come to a finding whether the offence has been proved against the accused or not. ..... the appellate court is the final court of facts and law and, therefore, heavy responsibility is cast on the appellate court to properly marshal and analysis the prosecution evidence and thereafter come to a finding whether the offence is made out or not. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR620
..... 1991, again the police party including the applicant, had been to the village turanwadi and arrested tanu and his wife for the offences punishable under section 353 read with 34 of the indian penal code and also for another offence which has been registered on the report of shalikram - the nephew of tanu, punishable under section 506 of indian penal code. ..... under section 438 is intended to confer conditional immunity from the touch as envisaged by section 46(1) or confinement.when a person is accused of an offence of murder by the use of a fire arm, the court has to be careful and circumspect in entertaining an application for anticipatory bail. ..... mannibai being a adiwasi korku lady living in the remote place in dence forest, they being rustic and not conversant with the legal problems, they had to consult their kith and kins as well as still custom is prevalent in them to have panchayat to get the decision, she ..... the woman being a adiwasi korku, illiterate, living in the dense forest, it is not expected from such women that she will give the names and designations of the persons who ..... tanu halted there overnight and on the next morning again he requested the forest official to convey his report by wireless to the police station, chikhaldara. ..... to the statement of tanu, the forest officials demanded some amount from him ..... munnibai, rushed to village jarinda - the forest outpost where the facility of a wireless ..... it being a night time, the forest official declined to send any message to .....
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Reported in : 2006CriLJ3689
..... mundargi, the learned counsel appearing for the appellants-accused submitted that the trial court has erred in arriving at the finding that the appellants-accused were guilty of offence with which they were charged in the backdrop that though the prosecution in support of their case has examined the complainant and 10 witnesses who were injured in the accident including the mother of the deceased ..... uttar pradesh, reported in : [1964]8scr133 wherein the supreme court has laid down a word of caution in such a case where crowd of assailants who are members of unlawful assembly proceeds to commit an offence of murder of pursuance of the common object of unlawful assembly, it is often not possible for witnesses to describe accurately the part played by each one of them. ..... (2)ramchandra lalu wadaje, (3)limbaji manohar rathod, (7)sitaram gopa rathod, (10)kisan ganu rathod, (12)jaysing devappa rathod, (29)shivajhi ramaji wadaje and (30)pandit gopa rathod are acquitted of the charge for having committed offence punishable under sections 302, 307, 326, 324, 427, 436, 435, 452, 147 and 148 r.w. ..... the appellants-accused came to be tried with other 26 accused persons on a charge of having committed offences punishable under sections 147, 148, 302, 307, 326, 324, 395, 427, 436, 435, 452 read with section 149 of the indian ..... at taluka police station, solapur on the basis of which the police registered offence under sections 147, 148, 149, 302, 323, 324, 325, 326, 307, 452, 395, 436, 427 against 34 .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)470; 2001(5)BomCR647
..... court also observed:'during the investigation of a crime the police agency is required to hold identification parade for the purposes of enabling the witness to identify the person alleged to have committed the offence particularly when such person was not previously known to the witness or the informant. ..... further observed that during investigation of a crime, the police agency is required to hold identification parade for the purpose of enabling the witness to identify the person alleged to have committed the offence particularly when such person was not previously known to the witness or the informant. ..... raju alias rajesh natthuji dongre was tried alongwith other three accused for the offence under section 302 read with 34 i.p.c. ..... has committed no error in finding of appellant guilty of the offence under section 302 of i.p.c. ..... come to the conclusion that the prosecution case has been established beyond shadow of doubt that the deceased purushottam was down to death by the appellant and as such the appellant has committed offence under section 302 of i.p.c.49. ..... of blood of group 'o' on the shirt and pant of the appellant, so also identification of the appellant, showing that deceased purushottam was done to death by the appellant and accordingly, convicted and sentenced him of the offence under section 302 i.p.c. ..... in the court of third additional sessions judge, wardha and by the judgment and order dated 31st march, 1995, he was convicted of the offence under section 302 i.p.c. .....
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Reported in : 2001ALLMR(Cri)494; 2001(5)BomCR681
..... of the applicant/accused having removed parts of the matador led to the surprise check, and it is only after the surprise check was conducted by the cbi officers that the offence came to the light and the first information report was lodged by the cbi, and therefore, it cannot be said that the first information report (exhibit 31) cannot be accepted. ..... in order to appreciate the contention of the applicant that the finding of the trial court as well as the appellate court that the appellant is guilty of having committed offences of misappropriation and criminal breach of trust cannot be sustained on inadmissible evidence, i have carefully examined the oral evidence of the witnesses, the documents produced by the prosecution in support of ..... the learned chief judicial magistrate found the applicant guilty of the charges and convicted him for having committed offences under section 409 and section 409 read with section 511 of the indian penal code and sentenced him to suffer rigorous imprisonment for six months on each ..... rizvi submits that the peculiar circumstances and the manner in which the offence is alleged to have been committed, indicates that it was in weaker moment of one's life that probably the applicant/accused felt that some parts of vehicle belonging to the central ..... 390 of 1992, holding him guilty for having committed offence under section 409 of the indian penal code and under section 409 read with section 511 of the indian penal code and thereby sentencing him to .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ4085
..... it was necessary for the appellate authority to apply its mind to the explanation given by the petitioner and the circumstances of the case with a view to determine whether the offence has been committed by the petitioner when the second c.a. ..... report to substantiate involvement of the' petitioner in commission of the offence and that is how, the proceeding before the additional collector was conducted and concluded stealthily without affording opportunity to the petitioner of personal hearing as contemplated under section 6-b of the act.8. ..... report emphatically claimed that he has committed no offence or there was no contravention of the provisions under the act. ..... context, as has been rightly pointed out by the learned counsel for the petitioner, that the authority in a proceeding for confiscation of vehicle has to apply his mind to come to the conclusion that at least prima facie offence has been committed. ..... so far as section 7 is concerned, an offence under that section involves mens rea. ..... 31-12-2003, is accepted, then prima facie no offence is committed by the petitioner. ..... report was the basis on which depended the crucial question as to whether the petitioner has committed offence or not. ..... the offence was registered against the petitioner. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)950; 2001CriLJ1594
..... criminal procedure code would show that once a court decides that the enquiry should be made into any offence referred to under clause (b) of sub-section (1) of section 195 of the criminal procedure code, which appears to have been committed in or in relation to the proceedings in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding ..... , as it thinks necessary -- (a) record a finding to that effect;(b) make a complaint thereof in writing;(c) send it to a magistrate of the first class having jurisdiction;(d) take sufficient security for the appearance of the accused before such magistrate if the alleged offence is non bailable and the court thinks it necessary so to do, send the accused in custody to such magistrate; and(e) bind over any person to appear and given evidence before such magistrate.a plain reading of section 340 of the ..... of any notice to the person against whom such preliminary enquiry is to be made and that the nature of enquiry being preliminary, the court has to be only satisfied that there is sufficient ground to make a complaint in respect of the offence committed and, therefore, the contention of the learned counsel for the appellants, that the court ought to have initiated the proceedings by following procedure under section 141 of the civil procedure code, or that a notice .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)100BOMLR776
..... these are the two instances narrated in the complaint, for having committed the alleged offences under sections 420, 383, 424, 426, 465, 468, 471 of ipc.2. ..... if the revisional court finds that the summons issued by the magistrate was on insufficient materials or discloses no offence, then the court should have dismissed the revision. ..... i am concerned only whether these allegations disclosed a triable offence as shown in the complaint.3. ..... resultantly as no offence has been disclosed in the complaint, the complaint filed against the petitioner before the magistrate also stands dismissed.hence writ petition is allowed. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj161
..... though section 25 of the evidence act prohibits the proof of first information report given by accused to a police officer which amounts to confessional statement and the confession includes not only the admission of the offence but all other admissions of incriminating facts contained in the confessional statement - law permits, however, the perusal of contents of first information report for the accused. ..... 126 of 1997, thereby convicting the appellant/original accused for the offence punishable under section 302 of the indian penal code and sentencing him to undergo imprisonment for life.2. ..... for the reasons discussed above, we set aside the conviction and sentence of the appellant for the offence punishable under section 302 of the indian penal code. ..... instead, he is convicted for the offence punishable under section 304, part i of the indian penal code and is sentenced to suffer rigorous imprisonment for ten years.the appeal is partly allowed. ..... panchnama of the scene of the offence (exh.10) was recorded by p.s.i. ..... again, a confessional statement that the accused killed his wife on receiving provocation from her was held to be admissible for use, not against the accused but in his favour to mitigate his offence (in re thandavan .11. ..... the explanation for murder in a confession by the accused to the police in a first information report may be relied on to prove motive or provocation with a view to extenuate the offence or sentence. .....
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