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
..... . 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
..... 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
..... 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
..... 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
..... 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
..... 1,45,000/- together with interest at the rate of 12 per annum has been awarded in favour of the claimants and it was ordered that the same amount should be paid half and half by the insurer, namely, m/s. ..... . akhtar, trekker being a light vehicle while ambassador car would be heavy one, so more compensation ought to have been imposed on the ambassador car ..... . when composite negligence is there and when there is no scope of determination as to which of the vehicle was more liable than division of liability half and half is proper and justified .....
Tag this Judgment!Court : Patna
..... advocate for the appellants raised the contentions that the accused-appellant bhola might be fourteen to fifteen years of age on the date of occurrence and he should have been tried by a juvenile court; that there was no light and the appellants could not have been identified; that there was no blood at the spot and it is doubtful where the occurrence took place; that the deposition of kodai sahni should not be acceptable as he was ..... interrogated after two and half months, and this witness executed a fictitious deed in favour of mother of the accused bindeshwari which led into a land dispute between them; that th e injured has stated that he was unconscious and thus his interrogation .....
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