Court : Mumbai
Decided on : Dec-01-2014
..... when p.w. 1 was at his residence, he was informed by the superintendent mr. patil to contact mr. s.a. khan and proceed to kalpak estate, antop hill where they would find ajay kumar das @ ajay nepali. accused no.5 ajay nepali was apprehended by the police. p.w. 1 identified all the accused in the court and also identified the articles seized in the course of investigation. he also identified the receipt which was found in the personal search of the accused nirmal parera. 7. in the cross .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Sep-22-2014
..... court means the special court constituted under section 5. 20. the provisions of section 2 (e) of the mcoc act in particular fell for consideration of full bench of this court in the case of state of maharashtra...versus...jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961. the reference to the larger bench arose on account of difference of opinion between two division benches of this court. the division bench in the case of ganeshnivrutti marne...versus...state ..... any such averment is made and as such, the provisions of the act would not stand attracted. the learned counsel also placed reliance on a full bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, 2011 all mr (cri) 2961 in support of the submission that the prosecution is obliged to establish the prior existence of an organised crime syndicate indulging in continuing unlawful activity. 10. lastly, a submission for a necessity to make a reference to larger ..... within the definition of organised crime and committed by an organised crime syndicate is the offence contemplated under the said act. reliance is then placed on the division bench decision of this court in the case of state of maharashtra .vs. jagan gagansingh nepali @ jagya and another, reported in 2011 all mr (cri) 2961 in order to submit that mere allegations about filing of more than one chargesheets, in respect of offence/s with imprisonment of three years or more, is not .....
Tag this Judgment!Court : Sikkim
Decided on : Sep-15-2014
..... ) took away the key of the vehicle bearing no.sk07 tr 5909 (santro). (iv) the other document referred to and relied upon was exhibit d3 being the statement of the minor driver sheik masoom recorded under section 161 cr.p.c. in the nepali vernacular, which when translated in english, reads as follows:- my true statement is that i got up at about 4 a.m. in the morning of today, i.e., 07.12.11, when everybody were asleep in the house and i .....
Tag this Judgment!Court : Sikkim
Decided on : Aug-11-2014
..... out by p.w.3 in his examination-in-chief gets diminished when he states "since i am illiterate i cannot read the contents of the affidavit in evidence filed by me i also cannot write in nepali although i can sign in nepali", and gives rise to grave suspicion on the veracity of the evidence on affidavit affirmed on 27-11 2009 and its confirmation on 18-02-2010. (vii) unlikelihood of the appellant's case being truthful stands firmly demonstrated by the evidence of p.w.4 .....
Tag this Judgment!Court : Delhi
Decided on : Aug-01-2014
..... the accused ravinder and arjun singh rawat for commission of offences under sections 392/394/302 read with section 34 of the ipc by the judgment dated 4th march, 2010. however the other two accused, namely raj kumar and monu thappa @ nepali were given the benefit of doubt for the reason that no incriminating article had been recovered from them or at their instance and hence no role could be attributed to these two accused persons. as such they were acquitted by the trial court .....
Tag this Judgment!Court : Delhi
Decided on : Aug-01-2014
..... the accused ravinder and arjun singh rawat for commission of offences under sections 392/394/302 read with section 34 of the ipc by the judgment dated 4th march, 2010. however the other two accused, namely raj kumar and monu thappa @ nepali were given the benefit of doubt for the reason that no incriminating article had been recovered from them or at their instance and hence no role could be attributed to these two accused persons. as such they were acquitted by the trial court .....
Tag this Judgment!Court : Delhi
Decided on : Aug-01-2014
..... the accused ravinder and arjun singh rawat for commission of offences under sections 392/394/302 read with section 34 of the ipc by the judgment dated 4th march, 2010. however the other two accused, namely raj kumar and monu thappa @ nepali were given the benefit of doubt for the reason that no incriminating article had been recovered from them or at their instance and hence no role could be attributed to these two accused persons. as such they were acquitted by the trial court .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-2014
..... asi om prakash to know that two ladies named laxmi and sheela lived nearby and laxmi had an issue with rajbala concerning rajbala spreading in the neighbourhood that she had seen laxmi in a compromising position with a nepali boy. that apart, before asi om prakash entered the scene, the first police personnel to have met rajbala was ct.ramesh pw-22, on duty at the casualty of the deen dayal upadhyay hospital. he ..... kumari babita pw-3 deposed that sunita was her elder sister. her mother s name was rajbala. she knew laxmi and sheela. her mother had seen laxmi in a compromising position with a nepali boy and this was the reason for the strained relationship between her mother and laxmi. on september 20, 1995 she and her sisters sunita and shyama were in their house. at about 1:45 pm ..... cfsl was opened, she said that these were not the clothes worn by her mother at the time of incident.8. on bring cross-examined she said that she did not know the name of the nepali boy with whom laxmi was having illicit relations. she said that she was 15 years old when her mother died. she said that besides her babita and shyama, her sisters, were ..... that she knew the accused since they were distantly related to them. her mother rajbala had strained relations with laxmi because she had seen laxmi in a compromising position with a nepali boy. she deposed that on september 20, 1995 she was present in her house at 1:45 pm and so was her sister and her brother. laxmi and sheela came to their house and abused .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-2014
..... . jagan gagansingh nepali, 2011(3) bom.c.r. (cri) 790. (ii) state of kerala vs. mathal verghese and ors, air 1987 sc 33 (iii) balaram kumawat vs. union of india (uoi) and ors, air 2003 sc 3268 (iv) jannalagadda ..... (x) p.s.r sadhanantham vs. arunachalam and anr, air 1980 sc 856 (xi) kishan singh vs. the king emperor, air 1928 pc 54 privy council (xii) state of maharashtra vs. jagan gagansingh nepali, criminal appeal no.20 of 2011. 17. a number of arguments based on the principles of interpretation of statutes have also been advanced by him, and in support thereof, he has placed reliance on the following reported decisions. (i) state of maharashtra vs .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-2014
..... this case, no recovery was effected from sukhjit singh @ kaka, though he is stated to be armed with sickle (dattar) and had used the same in the crime. as such, we are of the view that on account of doubt of identity, vishal arya @ sonu nepali and sukhjit singh @ kaka are entitled to benefit of doubt. the learned senior counsel for the appellants has further argued that the statement of the doctor of johal hospital accompanied by the intimation ex.pw shows that the time on the intimation 1:55 am was ..... kinda and his brother malkiat singh. accused pushpinder singh @ noni was arrested by the police party on the identification of mohinder singh. therefore, there was no need of identification parade qua him. regarding vishal arya @ sonu nepali and sukhjit singh @ kaka, they were certainly not previously known to the complainant. they were shown to the complainant in the police station and identified in the court. therefore, their identification in the court is meaningless and cannot be relied upon ..... singh @ kinda was previously known to the complainant party, but remaining three accused were not known. no identification parade was arranged. the mere identification in the court is meaningless. moreover, mohinder singh has admitted that vishal arya (nepali) and sukhjit singh were shown to him in the police station and there is no reason why their identification parade was not organized. we are of the view that so far as kulwinder singh @ kinda is concerned, he was previously known to .....
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