Court : Karnataka Dharwad
..... scc (cri) 218]. all under the prevention of food adulteration act, 1954. (emphasis supplied) 23 crl.p.no.102512/21 the apex court in the afore-extracted judgment was interpreting insecticides act, 1968 , provisions of which are in pari materia with that of the seeds act. the apex court has clearly held that the right of the accused ..... launching of the prosecution, the court would not be seized of the matter in order to decide under sub-section (4) of section 24 of the act in the matter of sending the sample to the central insecticides laboratory. it is therefore to be expected that, prosecution will be launched expeditiously, at any rate before ..... the respondents in these appeals have been deprived of their valuable right to have the sample tested from the central insecticides laboratory and sub-section (4) of section 24 of the act. under sub-section (3) of section 24, report signed by the inseclicildes analyst shall be evidence of the facts stated therein and shall be conclusive evidence .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.100167 of 2023 order1 the petitioners are before this court calling in question the registration of a crime in crime no.3/2023 registered for the offences punishable under sections 506, 504 & 306 of the ipc.2. heard the learned senior counsel shri pramod khatavi appearing on behalf of shri p.p. hittalamani for the petitioners; learned hcgp ..... village, tq. ranebennur, dist. haveri-581115. respondents (by sri. v.s. kalasurmath, hcgp for r1; sri. g.n. narasammanavar, advocate for r2) this criminal petition is filed u/sec. 482 of cr.p.c. seeking to call for records and quash the fir in crime no.03/2023 dated0401.2023 registered by kumarapattanam p.s. for the offences u ..... /sec. 506, 34, 504 and306of ipc with respect to the petitioners/accused no.1 to3and grant such other reliefs by allowing this petition. this petition, coming on for admission, this .....
Tag this Judgment!Court : Karnataka Dharwad
..... person instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is 27 to be punished with the punishment provided for the ..... reason for commission of suicide by his wife in the matrimonial home, failing which, adverse inference can be drawn as per the provision of 13 section 106 read with section 114 of indian evidence act. as such he prays to dismiss the appeal.15. having heard the learned counsel for both the sides and having perused the documents, the points ..... whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.34. the legal position as regards section 306 ipc which is settled by the hon ble apex court in catena of .....
Tag this Judgment!Court : Karnataka Dharwad
..... repectively. doctor who - 19 - conducted the post mortem has opined that death is due to cardiorepiratory failure as a result of consumption of organophosphorus [compound]. insecticide. this corroborates with fsl report which is marked at exibit exp28 even the evidence pw1complainant pw5mother of the complainant and other witnesses have clearly stated that both the ..... admissible in trial and there is no legal bar to base the conviction of the accused upon such testimony, if corroborated by other reliable evidence. section 154 of the evidence act enables the court, in its discretion, to permit the person, who calls a witness, to put any question to him which might be put ..... suspecting the fidelity and because of the earlier ill treatment and quarrel has administered the poison to deceased two - 25 - children. further as per section 106 of the indian evidence act, when any fact is especially within the knowledge of any person the burden of proving that fact is upon him. in the instant case, .....
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