Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 196 using evidence known to be false Court: uttaranchal Page 1 of about 2 results (0.053 seconds)

Rameshwar and anr. Vs. State of Uttaranchal.

Court : Uttaranchal

..... judicial magistrate, haridwar was partly allowed and the conviction and sentence awarded to the revisionists under section 380 of indian penal code, 1860 (for short, ipc) was set aside. ..... from the evidence produced by the prosecution, oral as well as documentary, as discussed above, the prosecution has successfully proved its case against the revisionists for the offence punishable under section 411 ipc as it has been proved that the said tractor mahindra b275 which was stolen from the house of the complainant sadhu ram (pw1) in the night of 3/4.2.1991 was recovered from the accused ..... the oral and documentary evidence were put to each of them in question form, who denied the allegations made against them and stated that they have been falsely implicated in the case. ..... after hearing learned counsel for the parties and after appreciating the evidence available on record, the learned 1st additional civil judge (jr. ..... these revisions, preferred by the revisionists under section 397/401 of the code of criminal procedure, 1973 (hereinafter referred to as ..... however, the conviction of each of the revisionists under section 411 ipc has been upheld and sentence awarded to each of the revisionists to undergo ..... the conviction of each of the revisionists under section 411 ipc and sentence awarded to each of the revisionists to undergo ..... from the perusal of the evidence produced by the prosecution, documentary as well as the oral i.e ..... , they did not produce any documentary or oral evidence in defence.7. .....

Heera Singh Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2005CriLJ2062

..... 'explanation-- for the purposes of this section dowry death shall have the same meaning as in section 304b of the indian penal code (45 of 1860).it need to be stated that under explanation to section 304b, i.p.c. ..... it is also then that the presumption under section 113b of the evidence act is also legitimately drawn as the essential ingredient that the victim should have been subjected to cruelty or harassment, soon before her death, is common under both these provisions of the evidence act as well as indian penal code. ..... on the other hand learned state counsel defended the inference drawn by the learned sessions judge on appreciation of the evidence of the prosecution and contended that the charge against the appellant was stand proved beyond doubt on the basis of the evidence adduced in the case and that the appellant was rightly convicted and sentenced for committing the dowry death of his wife.13. ..... we have gone through the reported decisions wherein it had been reiterated that the object of the examination of the accused under section 313 of the code of criminal procedure is to afford an opportunity to accused to explain the circumstances appearing in evidence against him. ..... we have heard at length the learned counsel for the appellant and the learned additional government advocate and have carefully considered the evidence on record and have gone through the judgment under appeal with the help of the learned counsel.12. .....

State of Uttaranchal. Vs. Sri Syeed Ahmad.

Court : Uttaranchal

..... syeed ahmad, filed against the judgment and order dated 13.01.1993 passed by special judicial magistrate, cbi, dehradun, has been accepted and accused syeed ahmad has been acquitted of the charges punishable under sections 472, 474, 120-b of the indian penal code (hereafter referred to as ipc) facts, in brief, are that harish chandra joshi, inspector cbi was the investigating officer in case no. ..... learned aga submitted that it is not disputed that the search was conducted as per law and there is no violation of sections 100 (4) and 165 of criminal procedure code, as two independent witnesses from the public were joined before conducting the search. ..... recovered articles have been proved to be used for preparing forged passports and visa documents and therefore, the findings of the appellate court are totally perverse and not based on any evidence on record. ..... pleaded false implication and denied the incriminating evidence put to them by the prosecution. ..... in this regard appellate court held that no sanction as per provisions of sub clause (2) of section 196 of criminal procedure code was required in the present case. ..... according to him, he has been falsely implicated by the cbi, as he refused to depose against mohd. ..... harish chandra joshi along with local police and two public witnesses namely pw2 ved pal singh and pw10 shiv prasad, conducted the search of shop of syeed ahmad, in the name and style known as prince bearing store, saharanpur. .....

Nirmala Devi Alias Ghunghera Devi Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2005CriLJ625

..... of this section 'dowry death' shall have the same meaning as in section 304b, of the indian penal code (45 of 1860).'16. ..... of her family members; that on account of this she was not willing to remain in her nuptial home; that she also made false claim that her husband was not able to maintain sexual relationship with her on account of impotency; that she also made false claim that her jethani, the appellant was maintaining illicit relations with her husband; that the deceased was interested in entering into wedlock ..... urmila devi occurred by burns within seven years of her marriage, therefore, a presumption under section 113b of the evidence act could be available to the prosecution if it has been able to establish that the appellant was demanding dowry which was a harassment to the deceased, provided by preponderance of the probabilities the defence, in this case, ..... consideration have not been satisfied because the prosecution has failed to show by cogent and reliable evidence that appellant had been making undue demand for dowry by way of cash amount and has also been harassing the deceased and further that the learned sessions judge wrongly placed reliance on the evidence of the mother of the deceased and her two brothers named above as well as upon ..... also took into consideration the statement of the mother that the deceased told her that the appellant used to be continuously displeased with her for bringing insufficient dowry and thereby subjecting her to mental harassment. .....

Lal Singh S/O Bankey Lal SimariyA. Vs. State of Uttaranchal.

Court : Uttaranchal

..... 310 of 1994, whereby said court has convicted accused / appellant lal singh under section 363, 366 and 376 of indian penal code, 1860 (hereinafter referred as i.p.c.). ..... of the case does not rule out the possibility that the girl was a consenting party to the sexual intercourse, if any, with the accused / appellant lal singh.8) in the above circumstances, having re-assessed the evidence on record, this court is of the view that it cannot be said that charge of offences punishable under section 363, 366 and 376 of i.p.c. ..... the oral and documentary evidence was put to the accused under section 313 of cr.p.c. ..... , in reply to which the accused pleaded that evidence adduced against him is false. ..... 1) this appeal, preferred under section 374 of the code of criminal procedure, 1973 (hereinafter referred as cr.p.c. ..... in these circumstances, from the evidence of the medical officer, it cannot be ruled out that actual age of p.w. ..... sessions judge, nainital, to whom the case was transferred, after hearing the parties, framed charge of offences punishable under section 363, 366, 368 and 376 of i.p.c. ..... the accused / appellant lal singh is acquitted of the charge of offences punishable under section 363, 366 and 376 of i.p.c. ..... after hearing the parties, the trial court found accused / appellant lal singh guilty of charge of offences punishable under section 363, 366 and 376 of i.p.c. ..... however, no evidence in defence was given. .....

Sanjeev Kumar SaksenA. Vs. State of Uttaranchal.

Court : Uttaranchal

..... against the judgment dated 10.07.2002 passed by district judge, nainital, who has maintained the judgment and order dated 30.04.2002 passed by cjm, nainital only to the extent of conviction and sentence of the revisionists under section 411 of the indian penal code (hereinafter referred to as "ipc").2. ..... the learned sessions judge after considering the arguments of learned counsel for the appellants / revisionists that there was no evidence or witness having seen any of the accused appellants stealing the vehicle from nainital and there was no evidence with regard to offence of cheating against the appellants/ revisionists; and the fact that entire evidence adduced by the prosecution relates to recovery of the stolen property from the possession of appellants at badaun and the prosecution ..... in such circumstances illustration 'a' to section 114 of the indian evidence act can very much be applied against the revisionists even if, more than a year has elapsed between the date of theft and that of date of recovery of vehicle from the revisionists. ..... learned magistrate after taking into consideration the entire evidence and documents on record, convicted the revisionists under section 379, 411, 420 ipc and sentenced them to undergo one year rigorous imprisonment each under sections 379, 411 ipc and three year rigorous imprisonment under section 420 of ipc with rs. ..... pleaded false implication, however, they did not produce any evidence in their defence.6. .....

Thakri S/O ChaIn Sukh. Vs. State of Uttaranchal.

Court : Uttaranchal

..... , thereby convicting and sentencing the appellant/accused u/s 307 of the indian penal code, 1860 (hereinafter to be referred as i.p.c. ..... eyewitness and injured witness respectively, have even not supported the date of incident and as such the oral statement of the injured and that of complainant does not get corroboration from the medical evidence as well as from the statement of medical officer about the time of the incident, and, therefore, a reasonable doubt is thrown on the prosecution story.b. ..... on 25.1.1997 learned iv additional sessions judge, nainital (camp kashipur) framed charge against the appellant/accused under sections 307 ipc, which was read over and explained to the appellant/accused, to which he pleaded not guilty and claimed to be tried ..... the oral and documentary evidence was put to him in question form, who denied the allegations made against ..... the oral and documentary evidence was put to him in question form, who denied the allegations made against ..... after appreciating the evidence on record and hearing learned counsel for the parties, the learned special judge/additional sessions judge, nainital vide judgment and order dated 21.08.1998 has convicted and sentenced the appellant/accused as ..... , kashipur committed the case to the court of sessions on 03.01.1997 after giving necessary copies to the appellant/accused as required under section 207 cr.p.c. ..... this appeal, preferred by the appellant u/s 374(2) of the code of criminal procedure, 1973 (hereinafter to be referred as .....

Mohd. Ahsan. Vs. State of Uttaranchal.

Court : Uttaranchal

..... the challenge in the present appeal is to the judgment and order passed by the trial court thereby convicting the appellant for the offence punishable under sections 302, 392 and 411 of the indian penal code (in short "ipc") and sentencing him to undergo life imprisonment under section 302 ipc and rs. ..... on careful consideration of the rival submissions of the learned counsel for the parties and scrutinizing the entire evidence on record, we find that prosecution case rests on circumstantial evidence which consist of last seen evidence of pw2 kalyan singh and recovery of jewellery articles of kismati devi at he instance of mohd. ..... thus, we are of the view that where a case rests squarely on the circumstantial evidence, an inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. ..... state of andhra pradesh has observed as under: "in a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. ..... he further submitted that from the statement of pw3 ganesh singh, it is evident that kismati devi was second wife of his father and she was involved in brewing the illicit country made liquor and selling the same. ..... denied the incriminating evidence put to him by the prosecution and pleaded false implication. .....

State of Uttaranchal. Vs. Paras and Another.

Court : Uttaranchal

..... & another, whereby the accused respondents paras and prem singh have been acquitted for the charge of offence punishable under section 307 of indian penal code, 1860 (for short, ipc).2. ..... thus, for the reasons recorded above, the case against the accused respondents for the offence punishable under section 324 ipc is proved beyond doubt but the learned trial court has given its findings on the basis of presumptions and surmises inasmuch as the learned trial court was of the opinion that on the ..... thus, in view of my foregoing discussion of evidence and for the reasons recorded above, it is held that the prosecution has proved its case against the accused respondents beyond reasonable doubt for the offence punishable under section 324 ipc as they had voluntarily caused injuries to pw2 nikhil kumar and pw6 munna singh on 2.7.1992 at about 5.30 am with knives near the door of the complainant's house in village anandpur, ps kichha and, therefore, ..... learned additional ga for the state/appellant argued that in view of the evidence discussed above, the case against the accused respondents for the offence punishable under section 324 ipc is proved beyond reasonable doubt and the learned trial court has erred in acquitting the ..... after hearing learned counsel for the parties and after appreciating the evidence available on record, learned special judge, nainital vide his judgment and order dated 22.2.1997 acquitted the accused respondents as discussed ..... , they were well-known to each other. .....

State of Uttaranchal. Vs. Babu @ Irfan Ali, S/O Nazroo, and ors.

Court : Uttaranchal

..... 138 of 1995, whereby said court has acquitted the respondents gulfam (since deceased), abbas ali, and babu @ irfan ali from the charge of offences punishable under section 307, 324, 506 indian penal code, 1860 (for short ipc).2. ..... the trial court after hearing the parties found that the prosecution has failed to prove the charge in respect of offences punishable under section 307, 324, 506 ipc, as against the accused gulfam (since deceased), abbas, and babu @ irfan ali and acquitted them from the ..... the trial court, on 15.01.1992, after hearing the parties, framed charge of offences punishable under section 307, 324, and 506 ipc against all the four accused namely mushtaq, gulfam (since deceased), babu @ irfan ali and abbas who pleaded not guilty and claimed to be ..... and documentary evidence was put to the accused under section 313 cr.p.c. ..... this appeal, preferred under section 378 (3) of code of criminal procedure, 1973 (for short cr.p.c)is directed against judgment and order dated 06.12.1996, passed by additional sessions judge/special judge, ..... also, while appreciating the evidence on record the trial court has doubted prosecution story on the ground that eye witnesses failed to specify as to which of the accused assaulted whom in the ..... 65 of 1991, relating to offence punishable under section 307 ipc against all the four accused mushtaq, gulfam (since deceased), babu and ..... is also stated by them that they have been falsely implicated. ..... in reply to which they alleged same to be false. .....