Court : Delhi
..... has been made by the defence to establish his plea of alibi by examining virender (dw-6), a balmiki resident of the village who has stated that the accused and him were in the fields of the accused since 4-4:15 am on 21st april 2010 and stayed there till ..... first instance could have imposed inasmuch as if the trial court had given him the maximum sentence which it was competent to give and no appeal was preferred by the accused, the state could not have approached the high court under any provision of the code for enhancement of the sentence. ..... to convict these three accused persons under the lesser offence has been challenged in the appeals preferred by the state and the complainants along with challenges to the acquittals of the other accused persons in this case. ..... the witness has been conducted to the material portion of his examination, it is generally the duty of the prosecutor to ask the witness to state the facts or to give his own account of the matter making him to speak as to what he had seen. ..... learned counsel for the appellant submitted that it is an admitted fact that this witness has stated that he is an educated person and according to this witness the complaint in question was not written down by him but by his brother- in-law which is also an unnatural conduct indicating that he might ..... page 207 of 209 families are presently residing in makeshift accommodation in a farmhouse on the outskirts of hissar, while others have returned to their native mirchpur village .349. .....
Tag this Judgment!Court : Delhi
..... has been made by the defence to establish his plea of alibi by examining virender (dw-6), a balmiki resident of the village who has stated that the accused and him were in the fields of the accused since 4-4:15 am on 21st april 2010 and stayed there till ..... first instance could have imposed inasmuch as if the trial court had given him the maximum sentence which it was competent to give and no appeal was preferred by the accused, the state could not have approached the high court under any provision of the code for enhancement of the sentence. ..... to convict these three accused persons under the lesser offence has been challenged in the appeals preferred by the state and the complainants along with challenges to the acquittals of the other accused persons in this case. ..... the witness has been conducted to the material portion of his examination, it is generally the duty of the prosecutor to ask the witness to state the facts or to give his own account of the matter making him to speak as to what he had seen. ..... learned counsel for the appellant submitted that it is an admitted fact that this witness has stated that he is an educated person and according to this witness the complaint in question was not written down by him but by his brother- in-law which is also an unnatural conduct indicating that he might ..... page 207 of 209 families are presently residing in makeshift accommodation in a farmhouse on the outskirts of hissar, while others have returned to their native mirchpur village .349. .....
Tag this Judgment!Court : Delhi
..... has been made by the defence to establish his plea of alibi by examining virender (dw-6), a balmiki resident of the village who has stated that the accused and him were in the fields of the accused since 4-4:15 am on 21st april 2010 and stayed there till ..... first instance could have imposed inasmuch as if the trial court had given him the maximum sentence which it was competent to give and no appeal was preferred by the accused, the state could not have approached the high court under any provision of the code for enhancement of the sentence. ..... to convict these three accused persons under the lesser offence has been challenged in the appeals preferred by the state and the complainants along with challenges to the acquittals of the other accused persons in this case. ..... the witness has been conducted to the material portion of his examination, it is generally the duty of the prosecutor to ask the witness to state the facts or to give his own account of the matter making him to speak as to what he had seen. ..... learned counsel for the appellant submitted that it is an admitted fact that this witness has stated that he is an educated person and according to this witness the complaint in question was not written down by him but by his brother- in-law which is also an unnatural conduct indicating that he might ..... page 207 of 209 families are presently residing in makeshift accommodation in a farmhouse on the outskirts of hissar, while others have returned to their native mirchpur village .349. .....
Tag this Judgment!Court : Delhi
..... has been made by the defence to establish his plea of alibi by examining virender (dw-6), a balmiki resident of the village who has stated that the accused and him were in the fields of the accused since 4-4:15 am on 21st april 2010 and stayed there till ..... first instance could have imposed inasmuch as if the trial court had given him the maximum sentence which it was competent to give and no appeal was preferred by the accused, the state could not have approached the high court under any provision of the code for enhancement of the sentence. ..... to convict these three accused persons under the lesser offence has been challenged in the appeals preferred by the state and the complainants along with challenges to the acquittals of the other accused persons in this case. ..... the witness has been conducted to the material portion of his examination, it is generally the duty of the prosecutor to ask the witness to state the facts or to give his own account of the matter making him to speak as to what he had seen. ..... learned counsel for the appellant submitted that it is an admitted fact that this witness has stated that he is an educated person and according to this witness the complaint in question was not written down by him but by his brother- in-law which is also an unnatural conduct indicating that he might ..... page 207 of 209 families are presently residing in makeshift accommodation in a farmhouse on the outskirts of hissar, while others have returned to their native mirchpur village .349. .....
Tag this Judgment!Court : Delhi
..... has been made by the defence to establish his plea of alibi by examining virender (dw-6), a balmiki resident of the village who has stated that the accused and him were in the fields of the accused since 4-4:15 am on 21st april 2010 and stayed there till ..... first instance could have imposed inasmuch as if the trial court had given him the maximum sentence which it was competent to give and no appeal was preferred by the accused, the state could not have approached the high court under any provision of the code for enhancement of the sentence. ..... to convict these three accused persons under the lesser offence has been challenged in the appeals preferred by the state and the complainants along with challenges to the acquittals of the other accused persons in this case. ..... the witness has been conducted to the material portion of his examination, it is generally the duty of the prosecutor to ask the witness to state the facts or to give his own account of the matter making him to speak as to what he had seen. ..... learned counsel for the appellant submitted that it is an admitted fact that this witness has stated that he is an educated person and according to this witness the complaint in question was not written down by him but by his brother- in-law which is also an unnatural conduct indicating that he might ..... page 207 of 209 families are presently residing in makeshift accommodation in a farmhouse on the outskirts of hissar, while others have returned to their native mirchpur village .349. .....
Tag this Judgment!Court : Delhi
..... mahipal singh (pw6) cmo, sgm hospital, mangolpuri, delhi stated that on 11th august, 2014 he had examined pooja, prepared the mlc ex.pw-6/a and found the following injuries: (i) nasal bleed present. ..... respondent represented by: ms.meenakshi chauhan, app for the state with si dinesh, ps aman vihar coram: hon'ble ms. ..... he had gone to his native village in darbhanga, bihar and he came back from darbhanga, bihar on receipt of phone call from delhi, however, he led no evidence to prove his plea of alibi.11. ..... during her cross examination she stated that it was correct that a quarrel had taken place between her and santosh during the day regarding money. ..... when information was received stating that a lady has been beaten by her husband and was lying in pool of blood at a-255, agar nagar, som bazaar, kumar sweets, near reliance tower. ..... learned app for the state on the other hand contends that the impugned judgment and the order on sentence suffers from no illegality. ..... she further stated that her daughter aged 5 years was threatened by the appellant and ran away after bolting the door from outside. ..... stated that he was falsely implicated in the present case. ..... 718/2017 santosh kumar state ..... .....
Tag this Judgment!Court : Delhi
..... he further pointed out towards narender and stated that he was carrying screw driver and threatened him and the passengers that no one should move or raise alarm ..... thereafter, arif led them to his native village, behata, from where one mobile phone was recovered lying below mattress in the room, which was identified by the mukesh (pw-2) ..... arif, wahid, narendra and anshu and stated that they had robbed him and others in gramin sewa ..... per contra, learned app for the state submits that the prosecution case hinges on the testimony of seven independent witnesses namely mohd ..... mohd imtayaz during his cross-examination stated that he saw the appellants twice, once on the day of occurrence and secondly in court only ..... during his cross-examination, he voluntarily stated that due to dark, he could not see the faces of those four culprits ..... he pointed out towards anshu and stated that he put katta on the right side of his back whereas wahid had put knife on the neck of the driver ..... during his cross-examination, he stated that it was possible that the churrra ex.p1 may have been used by narender and the screw driver by wahid and due to the lapse of time, there may be some confusion regarding the same ..... during his cross examination, he stated that the investigating officer obtained his signatures on blank papers and had not recorded his ..... when information was received stating that 4-5 boys have run away with 4-5 mobile phones and 500/- on the pointing out of knife in a gramin sewa vehicle bearing no.dl2 .....
Tag this Judgment!Court : Delhi
..... the aforesaid judgment was followed by the apex court in the case of raju manjhi vs state of bihar reported in air2018sc3592 the relevant para is reproduced as under: - the identification parade belongs to the stage of investigation, and there is no provision in the code which obliges the investigating agency to hold or confers a right upon ..... further, the apex court in the case of brahmswaroop and another vs state of up reported in air2011sc280has held as under: - merely because the witnesses are closely related to the deceased persons, their testimonies cannot ..... of offence and clothes were disposed of by the appellant no.1 with the help of appellant no.2 at his native place i.e village tharu, district sonipat. ..... ravi nayak, learned counsel appearing on behalf of the state challenged the arguments on behalf of the appellants that pw-19 (deepak mann) was not present at the spot submitted that rukka (ex-pw-19/a) was prepared by pw-32 (si, virender singh) at the instance of pw-19 (deepak ..... counsel further submitted that the trial court has erred in not appreciating the application of pw-19 (deepak mann) under section 311 cr.p.c wherein he prayed for his re-examination stating that he was not an eye witness to the incident.9. ..... it is further argued by learned counsel for the state that infact pw-19 (deepak mann) had sought help of pw-31 (pradeep kumar) soon after the shooting took place and it was pw-31 (pradeep kumar) who had made a call to the brother of the deceased, pw-20 (anil dabas .....
Tag this Judgment!Court : Delhi
..... the aforesaid judgment was followed by the apex court in the case of raju manjhi vs state of bihar reported in air2018sc3592 the relevant para is reproduced as under: - the identification parade belongs to the stage of investigation, and there is no provision in the code which obliges the investigating agency to hold or confers a right upon ..... further, the apex court in the case of brahmswaroop and another vs state of up reported in air2011sc280has held as under: - merely because the witnesses are closely related to the deceased persons, their testimonies cannot ..... of offence and clothes were disposed of by the appellant no.1 with the help of appellant no.2 at his native place i.e village tharu, district sonipat. ..... ravi nayak, learned counsel appearing on behalf of the state challenged the arguments on behalf of the appellants that pw-19 (deepak mann) was not present at the spot submitted that rukka (ex-pw-19/a) was prepared by pw-32 (si, virender singh) at the instance of pw-19 (deepak ..... counsel further submitted that the trial court has erred in not appreciating the application of pw-19 (deepak mann) under section 311 cr.p.c wherein he prayed for his re-examination stating that he was not an eye witness to the incident.9. ..... it is further argued by learned counsel for the state that infact pw-19 (deepak mann) had sought help of pw-31 (pradeep kumar) soon after the shooting took place and it was pw-31 (pradeep kumar) who had made a call to the brother of the deceased, pw-20 (anil dabas .....
Tag this Judgment!Court : Delhi
..... it may be mentioned here that the petitioner is a foreign national (a native of nigeria) whose complicity with the co-accused persons is sought to be proved by the evidence which has been gathered, it including the recovery of a bag containing cash rs.15,50,000/- which was part of the money which had been ..... vijay kumar, one sandra cage a foreign national who had befriended him on social media statedly being the master mind. ..... petitioner state versus ..... .....
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