Court : Patna
..... then, there was half hearted attempt to accept the responsibilities but the matter was treated lightly. ..... the photographs have been sealed because the women were half naked. .....
Tag this Judgment!Court : Patna
..... argument of the counsel for the appellants has to be tested in the light of the evidence brought on record by the prosecution. ..... this witness said that the informant ram pravesh yadav came after half an hour with the police.23. ..... the informant in the lantern light identified some of the accused persons, who are appellants here. ..... 4) claimed to have identified the accused persons in torch light. ..... 3) is the third witness to have seen the accused persons in lantern light. ..... this witness claimed to have identified the appellants in torch light. .....
Tag this Judgment!Court : Patna
..... learned counsel appearing for the petitioner submits that in course of investigation, it came to light that deceased along with her one and half years old child committed suicide and after the aforesaid incident, proper information regarding the death of the deceased was given to her father as well as other family members but when the informant reached at .....
Tag this Judgment!Court : Patna
..... similarly, though pw 1 has claimed that injured prakash yadav had told that while he was asleep, accused kamli devi had fled away after shooting him, it is clear in the light of what we have already discussed above, that the evidence of dying declaration, so given, is not believable inasmuch as prakash yadav, on having been shot at the abdomen and while himself writhing in pain, could not have seen ..... the deceased) and their father, bhikho yadav (who, too, has died), he woke up on hearing the sound of firing and, on flashing the torch-light, he saw accused kamli devi running away with a pistol in her hand and though he, along with father and other brothers, to chase accused kamli devi, accused kamli devi fled away, whereupon injured prakash ..... in order to find out as to what had happened to prakash yadav, pw 8 (dharmendra yadav) switched on a torch-light and noticed, in the focus of the torch-light that, while prakash yadav was writhing in pain, accused, kamli devi, was running away holding a pistol in her hand. ..... because of what have been discussed and pointed out above, we are clearly of the view that the evidence, adduced by the prosecution, was nothing but an ad-mixture of half-truth and untruth and it has become impossible to extricate the truth from falsehood. ..... this witness has deposed that on the night of the occurrence, on hearing the sound of firing, he woke up, came out from inside his house and saw accused kamli devi fleeing away with a half-a-cubit article in her hand. 19. .....
Tag this Judgment!Court : Patna
..... he has further said that he raided the house of co-accused babulal tiwary and ' arrested him and, thereafter, took him in police remand and recovered a light cream coloured full pant and a white coloured half flying shirt from a place at western bank of phalgu river pointed out by co-accused babulal tiwary and prepared a seizure list (exhibit-2). ..... he has further said that in test identification parade, he had identified a full pant, a half shirt, a pair of shoes and a silver ring with white stone and he put his signature (exhibit-3/9) on test identification chart. ..... he has also proved a full pant (material exhibit-iii) and half shirt (material exhibit-iv) and has further said that he had gone to the house of co-accused babulal tiwary from where babulal tiwary produced a pair of shoes taking out from tiled roof where the shoes ..... shape with violet coloured stone with letter 'bpj' (material exhibit-i/ 1) and another silver ring with pink coloured stone (material exhibit-i/2), a pair of shoes (material exhibit-ii) a full pant (material exhibit-ill) and half shirt (material exhibit-iv). .....
Tag this Judgment!Court : Patna
..... . thirdly, this has also to be seen in the light of the next submission that not enough blood was found on the earth which means that the mattress must have soaked the entire blood which came out of the dead body and, therefore, ..... . was deposing more than two and half years after the occurrence and, therefore, might have slightly erred in stating a minor detail.7 ..... . let us examine the evidence in the light of the reported authoritative judgments of the supreme court. p.ws ..... . were deposing before the court about more than two and half years after the occurrence .....
Tag this Judgment!Court : Patna
..... in course of the same he saw in the light of his torch the two appellants and arjun sah, shambhu sah and lalit sah fleeing from the place of occurrence which was darwaza of ram avatar sah; deceased. ..... she found that necks of her father and brother were half cut and they had died. ..... she recognized all of them in moonlit night and in the light of torch. .....
Tag this Judgment!Court : Patna
..... he also stated that at that time this accused was wearing black vest and black half pant whom he identified in the light of the torch flashed by dacoits.6. .....
Tag this Judgment!Court : Patna
..... 98, it was asserted by the defendant-appellant' that there was family arrangement for convenience between the defendant on one hand and the plaintiffs on the other hand on mess and procession and were always half and half possession of the suit property between the plaintiffs on one hand and the defendant on the other hand. ..... mallah predeceased thakur mallah and as such, the plaintiffs and defendant stand on the same footing as that of grand sons of original raiyat thakur mallah and as such would definitely inherit the property by way of succession half and half and the learned court below did not at all consider that aspect of the matter.9. ..... their evidence was mainly in respect of possession of half share in the suit property by the defendant and also regarding denial of plaintiffs case towards separation/division/partition as asserted from the side of the plaintiffs ..... in view of the contrary submission being made by two senior counsel appearing for the parties, the materials on record are to be looked into in the light of the impugned judgment. ..... according to deoki mallah, he was paying half of the share of rent since before.3. ..... , the kabjawari notings in the revenue records do not support the possession of seven plots only when the rent had been paid by the defendant for the half of the suit khata land. ..... the defendant is in possession of half area of the suit land?6. ..... if revenue records have been relied on then the rent receipts should also be taken into consideration in the same light. .....
Tag this Judgment!Court : Patna
..... , was to accord benefit of reasonable doubt to the accused persons inasmuch as we are clearly of the view that in the light of the evidence on record, which we have discussed above, it was too hazardous to convict the accused-appellant, particularly, when we find that the evidence, which the prosecution has adduced, is an ad- mixture of half-truth and untruth and it is not only difficult, but wholly impossible to disengage the truth from the falsehood. ..... even if we ignore this lapse on the part of the prosecution, the fact remains that in the light of the above discussion of the evidence on record, it cannot be, confidently and boldly, held by this court that the description of the occurrence given by the eye-witnesses is ..... is also in the evidence of pw 6 that 15-20 persons chased the miscreants to a distance of about half-a-kilometer and, amongst those, who had so chased the miscreants, sugriv sah and shiv bachan sharma were ..... the deceased), and was lighting the torch over and over again to see his father, he noticed his father, bharat sah, coming and shivji sah, vishwanath sah and two others present ..... this apart, the half-truth and untruth are so inextricably mixed with each other that it has become impossible to disengage the truth from ..... therefore, be no escape from the conclusion that the descriptions of the occurrence, given by pw 1 and pw 6, are not safe to place reliance upon inasmuch as the evidence of these two witnesses is nothing but ad-mixture of half-truth and untruth. .....
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