Court : Mumbai Aurangabad
..... 8] the appellant and co-accused pleaded not guilty to the said charges levelled against them and claimed to be tried. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... they pleaded not guilty and claimed for trial. ..... .no.31 is concerned, it is submission of the learned defence counsel that, since there is material variance in respect of the prelude of the incident, as appearing in both the dying declarations, the same may not be used for holding the appellants as guilty. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... yet, generally, the order of acquittal is not interfered with because the presumption of innocence, which is otherwise available to an accused under the fundamental principles of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a court of law, gets further reinforced and strengthened by his acquittal. ..... judicial approach has to be cautious in dealing with such evidence; but the plea that such evidence should be rejected because it is partisan cannot be accepted as correct. 27. ..... in the light of the discussion in the foregoing paragraphs, we hold that accused no.1 pralhad maruti rankhamb and accused no.2 ram pralhad rankhamb are guilty of the offence punishable under section 302 r.w. ..... a miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he pleaded not guilty as per the exh.9.12. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... another query was put to him as to whether the appellant had taken a plea that the project on which the workman was engaged as a watchman had come to an end, so as to attract section 2(oo)(bb) of the industrial disputes act, 1947, the learned counsel, once again, went through the said written statement, ..... nowhere in the written statement has the appellant taken a plea that the workman was required to be recruited by following the due procedure of law or, that he was engaged on a project work which had come to an end. 5. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... yet, generally, the order of acquittal is not interfered with because the presumption of innocence, which is otherwise available to an accused under the fundamental principles of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a court of law, gets further reinforced and strengthened by his acquittal. ..... report alone is not sufficient to hold the accused guilty. 14. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (d) the charges with reference to which the petitioner has been held guilty and punished, pertain to his tenure as gramsevak in chincholi gurav gram panchayat in taluka sangamner. ..... the supreme court further observed that when a person is found guilty of misappropriating the corporation s funds, there is nothing wrong in the corporation losing confidence or faith in such a person and awarding a punishment of dismissal. ..... after the enquiry officer submitted his report holding the petitioner guilty of the charges levelled upon him, that the petitioner has submitted a detailed reply and for the first time, has put forth his case of not being guilty of any of the charges levelled upon him. ..... that was the first available opportunity to the petitioner to explain his side while denying the charges levelled upon him and thereby, attempt to convince the establishment that he was not guilty of any of the charges levelled upon him. ..... insofar as the last two charges of misappropriation are concerned, though the petitioner has properly explained his conduct and his non involvement in any of the financial irregularities/ misappropriations, he has been held guilty of the charges. ..... in this case the divisional authority, the appellate authority as well as the revisional authority have held the petitioner guilty. .....
Tag this Judgment!Court : Mumbai Aurangabad
1 this appeal is filed challenging the final judgment and order dated 9.5.2008, rendered by the additonal sessions judge, nandurbar in sessions case no. 9 of 2002 (old s.c. no. 111 of 1994), whereby the appellant is convicted vide section 235(2) of cr.p.c. for the offence punishable under section 302 of ipc and sentenced to suffer imprisonment for life and to pay fine of rs.5000/- i.d to suffer r.i. for six months.2 the background facts of the case are as under:- the appellant-accused hasan geblya padvi, is the son of deceased geblya rava padvi. the appellant has two wives namely babibai (pw 8) and nirmalabai (pw 4). the accused had been to village dhanora, taluka and district nandurbar, a day before the date of alleged incident alongwith his wife nirmalabai for attending the local fare. accused hasan was having a separate house at dhanora. he was residing with his two wives whenever he was staying at dhanora in that house. the appellant used to go to gujarat state for work. the deceased geblya, father of the appellant, was residing separately in a house situated near the house of the appellant at dhanora. the wife of deceased geblya, at the relevant time was not alive. pw 8 babibai was providing food to deceased daily. on 4.5.1994, at about 3.00 p.m. there was some altercation between nirmalabai (pw 4) and deceased on account of taking amount of rs.41/- kept by her in the house. on suggestion of babibai (pw 8), nirmalabai (pw 4) had asked the deceased whether he had taken .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the accused pleaded not guilty and claimed to be tried. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shows that if there appears reasonable ground for believing that the person arrested has been guilty of offence punishable with death or imprisonment of life, only in special circumstances mentioned in this section, bail can be granted by the court mentioned in this section. .....
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