Court : Karnataka Dharwad
Decided on : Apr-20-2021
..... to allow this criminal appeal by setting aside the judgment and order of conviction dated3007.2018 and order of sentence dated3107.2018 passed by the iv addl. district and sessions judge, dharwad, in s.c.no.47/2016, there by convicting the appellant for the offences punishable under sections120, 109, 302 and201of ipc read with section149of ipc and ..... in the examination-in-chief and completely hostile in cross-examination, he has partly supported the case of the prosecution and as per section 154 of the indian evidence act, the statement made by pw1 in the examination-in- chief should be relied upon. on the said premise, the prosecution has sought to establish the motive for the ..... can be termed as confession which were given to the police officer while they were in custody and it will be hit by section 26 of the indian evidence act,1872 and only that part of the statement which led to the discovery of various materials would be permissible. hence, in the absence of any other material evidence .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-20-2021
..... to allow this criminal appeal by setting aside the judgment and order of conviction dated3007.2018 and order of sentence dated3107.2018 passed by the iv addl. district and sessions judge, dharwad, in s.c.no.47/2016, there by convicting the appellant for the offences punishable under sections120, 109, 302 and201of ipc read with section149of ipc and ..... in the examination-in-chief and completely hostile in cross-examination, he has partly supported the case of the prosecution and as per section 154 of the indian evidence act, the statement made by pw1 in the examination-in- chief should be relied upon. on the said premise, the prosecution has sought to establish the motive for the ..... can be termed as confession which were given to the police officer while they were in custody and it will be hit by section 26 of the indian evidence act,1872 and only that part of the statement which led to the discovery of various materials would be permissible. hence, in the absence of any other material evidence .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-03-2021
..... to st aside the judgment of conviction dated2211.2016 and order sentence dated2811.2016, passed in sessions case no.287 of2013 by ii additional district and sessions judge, belagavi and to acquit the accused no.2 and4appellants from the alleged offences punishable under sections341 302, 506 read with34of ipc.-. 3 - these appeals coming on ..... for the offence committed irrespective of the share which he had in its perpetration. section 34 of ipc embodies the principle of joint liability in doing the criminal act based on a common intention. common intention essentially being a state of mind it is very difficult to - 21 - procure direct evidence to prove such intention ..... .1 vithal. trial court has failed to - 16 - consider the important aspect and relating to the direct acknowledgment of guilt and also a direct overt act attributed to each of the accused regarding committing murder of the deceased shrikant.14. lastly, the counsel submitted that there is no sufficient evidence for conviction of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-24-2021
..... c., the recording of fir for evidence is :27. : mandatory, the word shall used in section 154 leaves no discretion to police officer for holding preliminary inquiry before recording fir and the use of expression information without any qualification, also denotes that police has to record information despite he being unsatisfied by its reasonableness or ..... the following: :3. : judgment1 this appeal is directed against the judgment of conviction and order of sentence passed by the court of i-addl. district and sessions judge, bagalkot to sit at jamakhandi (for short the trial court ) in s.c. no.17/2017, dated 11th january 2018, whereby the trial court held conviction for ..... the motive behind for committing the murder. the trial court has considered the aforesaid evidence and so also the scope of section 106 of the indian evidence act and has rightly come to the conclusion that the prosecution has proved the guilt of the accused and held conviction against the accused. therefore, learned addl. .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... also noticed the necessity of early disposal of cases relating to bribery and corruption. section 4(4) of the prevention of corruption act, 1988 reflects the will of the parliament that a special judge shall hold the trial of an offence on day- to-day basis, notwithstanding anything contained in the code of criminal procedure. section ..... under section482of cr.p.c., seeking to call for records in spl. case no.5004 of2017presently pending on the file of the iii addl. district and sessions judge, ballary, sitting at hospet and further be pelased to reverse and to set aside the - 2 - order dated0307.2017 passed in the case directing registration of ..... the code of criminal procedure, no court shall stay the proceedings under the prevention of corruption act on any other ground and no court shall exercise the powers of the revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. statutory provisions highlight the imperative need to eradicate the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... at the fabric of the nation.52. the question as to whether the inherent power of a high court would be available to stay a trial under the act necessarily leads us to an inquiry as to whether such inherent power sounds in constitutional, as opposed to statutory law. first and foremost, it must be appreciated that the high courts are ..... .10.2016 asper annexure-a of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district and session judge, koppal district, vide annexure-b. wp no.107657/2017 between yamnappa hanamappa iddalagi s/o hanmappa r iddalagi, age:55. years, working as assistant executive engineer, bagalkot town development ..... dtd:3.10.2016 [annexure-a]. of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district & sessions judge, koppal district vide annexure-b and all further proceedings thereon. wp no.65259/2016 between sri. r. sharanappa gouda s/o late shivanagappa, aged about58years working as assistant executive .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... at the fabric of the nation.52. the question as to whether the inherent power of a high court would be available to stay a trial under the act necessarily leads us to an inquiry as to whether such inherent power sounds in constitutional, as opposed to statutory law. first and foremost, it must be appreciated that the high courts are ..... .10.2016 asper annexure-a of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district and session judge, koppal district, vide annexure-b. wp no.107657/2017 between yamnappa hanamappa iddalagi s/o hanmappa r iddalagi, age:55. years, working as assistant executive engineer, bagalkot town development ..... dtd:3.10.2016 [annexure-a]. of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district & sessions judge, koppal district vide annexure-b and all further proceedings thereon. wp no.65259/2016 between sri. r. sharanappa gouda s/o late shivanagappa, aged about58years working as assistant executive .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... at the fabric of the nation.52. the question as to whether the inherent power of a high court would be available to stay a trial under the act necessarily leads us to an inquiry as to whether such inherent power sounds in constitutional, as opposed to statutory law. first and foremost, it must be appreciated that the high courts are ..... .10.2016 asper annexure-a of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district and session judge, koppal district, vide annexure-b. wp no.107657/2017 between yamnappa hanamappa iddalagi s/o hanmappa r iddalagi, age:55. years, working as assistant executive engineer, bagalkot town development ..... dtd:3.10.2016 [annexure-a]. of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district & sessions judge, koppal district vide annexure-b and all further proceedings thereon. wp no.65259/2016 between sri. r. sharanappa gouda s/o late shivanagappa, aged about58years working as assistant executive .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... at the fabric of the nation.52. the question as to whether the inherent power of a high court would be available to stay a trial under the act necessarily leads us to an inquiry as to whether such inherent power sounds in constitutional, as opposed to statutory law. first and foremost, it must be appreciated that the high courts are ..... .10.2016 asper annexure-a of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district and session judge, koppal district, vide annexure-b. wp no.107657/2017 between yamnappa hanamappa iddalagi s/o hanmappa r iddalagi, age:55. years, working as assistant executive engineer, bagalkot town development ..... dtd:3.10.2016 [annexure-a]. of the r-1 and the fir dtd:7.11.2016 in crime no.3/2016 on the file of the principal district & sessions judge, koppal district vide annexure-b and all further proceedings thereon. wp no.65259/2016 between sri. r. sharanappa gouda s/o late shivanagappa, aged about58years working as assistant executive .....
Tag this Judgment!