Court : Karnataka
Decided on : Jun-26-2023
..... and contradictions by the witnesses, it is the accused who would get the benefit of doubt and not the prosecution.77. the entire case of learned sessions judge convicting the accused is based on voluntary statements and recovery of articles. admittedly, the panchas have turned hostile. the mahazar witnesses have stated that they have just ..... the next point for convicting the accused is on the ground of recovery of articles upon voluntary statement made by the accused under section 27 of the evidence act. admittedly these statements are recorded by the investigating agency while in the police custody. but by this voluntary statement itself the prosecution cannot be said to have ..... and 23 and that he has not recorded the voluntary statement of appellant when he was arrested, so also he has not secured any local respectable inhabitants to act as panchas.55. learned counsel further contends that the evidence of pw.22 kaja ajmir, who is a police constable, went along with manjunath in search .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... this order, the order of the learned magistrates shall bear application of mind by not rendering a detailed order or detailed inquiry at that stage but it shall bear application of mind. (iv) the learned magistrates should forthwith stop using the words ..... also challenged on account of being an unreasoned order. . . .14. it is pertinent to note that the additional sessions judge has not quashed the fir lodged by kedamath i.e. the applicant herein. what would remain is the fir as a fact ..... such an endorsement cannot be equated with the word order .19. chapter v rule 1 of karnataka criminal rules of practice, 1968 also deals with investigation of non-cognizable case. the said provision reads as follows: investigation and prosecution *1. report under section ..... requisition to iv additional jmfc, athani, seeking permission to investigate the offence under section 87 of the k.p. act which is a non-cognizable offence. it is seen that the learned jurisdictional magistrate has made an endorsement on the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... under sub-section (2), then, notwithstanding anything contained in sub-section (2-a), a, magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952. pausing here it may be mentioned that section 7(1) and (3) of the criminal law amendment ..... act, for tender of pardon to an accomplice, as part of the procedure and powers of special judges. the section is set out below [ 8 procedure and ..... which refer to courts of criminal jurisdiction established under the code. the special judge created under the criminal law amendment act, 1952 (act 46 of 1952) is not one of them. for the cases triable by special judges under the criminal law amendment act a special 2 (1968) 1 scr69515 provision is to be found in section 8(2) of that .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... of bihar, contends that the present fir pertained to offences committed in the year 2019, after assurance was given by the husband md. ikram before the ld. principal judge purnea, to not harass the respondent wife herein for dowry, and treat her properly. however, despite the assurances, all accused continued their demands and harassment. it is ..... thereby contended that the acts constitute a fresh cause of action and therefore the fir in question herein dated 01.04.19, is distinct and independent, and cannot be termed as a repetition ..... a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of objects and reasons of the act 46 of 1983. the expression cruelty in section 498a covers conduct which may drive the woman to commit suicide or cause grave injury (mental or physical) .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... of cr.p.c praying to set aside the judgment dated1411.2018 s.c.no.1322/2014 on the file of the lvi-addl. city civil & sessions judge, bengaluru city convicting the appellant for the offence punishable under sec. 302 of ipc and acquit the appellant from the crime and the appellant may be set ..... but the intention, knowledge, motive, whenever there is knowledge, proof of intention is unnecessary. if such proof is available, it may be useful for explaining an act which may be otherwise inexplicable. but it is not necessary to establish the crime, though its existence would naturally aggravate it. indeed, the presence of intention would ..... no constructive but an actual intention is required. intention and knowledge are the internal and invisible acts of the mind, and their actual existence cannot be demonstrated except by their external and visible manifestations. observation and experience enabled to judge the connection between men s conduct and their intention. the fact that such knowledge is .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jun-16-2023
..... was suffering from mental illness. therefore, though the evidence is placed on record with regard to his insanity during the course of trial, but the learned sessions judge has not taken into consideration the defence evidence and hastily found the accused guilty of the commission of the offence which has resulted in miscarriage of justice. ..... impulse, and when proved, is according to more recent decisions in england and america a good ground for exemptions, even though there may be sufficient understanding that the act is wrong or illegal. (e) where, however, the existence of such understanding is not negatived, the mere irresistible impulse does not seems to be a ground ..... of accused, they have consistently deposed that accused was of good character when he was teaching in the school and he had no bad antecedents. he never acted as an insane person during teaching.25. these three witnesses are not the eye witnesses but, have spoken about conduct and behaviour of accused being colleagues in .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... for our consideration is, i. whether the impugned judgment challenged herein suffers from any perversity or illegality warranting interference by this court?. ii. whether the learned sessions judge is justified in convicting the accused for the offences punishable under sections 448, 323, 341 and 302 of ipc?.11. this court being the appellate court, is ..... if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. a careful reading of the aforesaid provisions makes it clear that to invoke the said provision, four requisites must be satisfied ..... under exception 4 to section 300 ipc. since the appellants inflicted injuries on the neck and scalp of sabbir shah with the intention of causing death and the act of the accused- appellants is punishable under section 304 part i ipc.20. the hon ble supreme court, while considering the provision of section 302 read .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-2023
..... (by sri.p.prasanna kumar, spl. pp) this criminal appeal is filed under section214) of national investigation agency act, 2008, praying to set crl.a.no.1527/2022 2 aside the order of xlix additional city civil and sessions judge, special court for trail of nia cases (cch-50) bengaluru dated0807.2022 in crl.misc.no.6090/2022 and ..... judgment challenging the order of dismissal of his bail petition, accused no.16 in spl.c.c.no.320/2020 on the file of 69th addl. city civil and sessions judge (spl. court for trial of nia cases), bengaluru has preferred this appeal.2. the brief facts of the case are as follows: on 10.01.2020, shri niranjan ..... examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features as specified in the third schedule. (2) the terrorist act includes an act which constitutes an offence within the scope of, and as defined in any of the treaties specified in the second schedule.19. in the above section the term .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-2023
..... said judgment and decree passed by the trial court, the defendant filed an appeal in r.a. no.174/2004 on the file of the ii additional district judge, tumkur. after hearing the parties, the first appellate court has formulated the following points for consideration:1. whether the trial court has erred in decreeing the plaintiff' ..... this statement along with the attendant circumstances placed on record would certainly constitute proving of the will by other evidence as permitted by section 71 of the evidence act.13. the learned counsel submits that even though the dna test report is in favour of the plaintiff respondent, but the benefit of dna test report has been ..... of malabati and also at the time of the upanyan ceremonies of plaintiffs 1 and 2. this evidence, in our opinion, properly comes within s.50, evidence act; it shows the opinion of janardan misra as expressed by his conduct, namely, his attending the marriage of malabati as daughter of lokenath and his attending the marriages .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-2023
..... the appeal is allowed in part. ii) the judgment and award dated 21.3.2012 in mvc no.650/2010 on the file of district judge & additional mact-11, i fast track court, shimoga, is modified. iii) the appellant/insurance company shall pay compensation of rs.5,37 ..... by the insurance company challenging the judgment and award dated 21.3.2012 in mvc no.650/2010 on the file of district judge, additional mact-11, i fast track court, shimoga.2. the brief facts of the case are as under: the claimant ..... therefore, so far as the claimant's case is concerned, he is not entitled to compensation under the provisions of the e.c.act. therefore, prays to set aside the judgment and award passed by the tribunal.6. further, learned senior counsel submitted that the ..... for r3; r1 and r2 are served) this mfa is filed u/s1731) of mv act against the judgment and award dated213.2012 passed in mvc no.650/2010 on the file of district judge, additional mact-ii, i fast track court, shimoga, awarding compensation of rs.9,80 .....
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