Court : Karnataka
..... members of the deceased deposed the reason behind commission of the murder of the deceased by the accused. it is the fundamental criminal jurisprudence that for a criminal act, there must be an intention. the prosecution failed to prove the said circumstance also. nevertheless when the evidence of eye-witnesses are not trust worthy to believe ..... they both turned hostile to the prosecution case. pw.2, the sister of the deceased also failed to depose the reason behind the commission of such an act by the accused. pw.2 being hearsay witness, stated that somebody informed her 47 about the death of her brother. hence, the prosecution also miserably failed to ..... . according to the learned counsel, by perusal of the entire charge sheet materials and also evidence of the witnesses, absolutely, there is no materials/evidence/overt-act forthcoming against accused no.3. the learned trial judge convicted accused no.3 only based on assumption and presumptions for the reason that he is the brother of .....
Tag this Judgment!Court : Karnataka
..... members of the deceased deposed the reason behind commission of the murder of the deceased by the accused. it is the fundamental criminal jurisprudence that for a criminal act, there must be an intention. the prosecution failed to prove the said circumstance also. nevertheless when the evidence of eye-witnesses are not trust worthy to believe ..... they both turned hostile to the prosecution case. pw.2, the sister of the deceased also failed to depose the reason behind the commission of such an act by the accused. pw.2 being hearsay witness, stated that somebody informed her 47 about the death of her brother. hence, the prosecution also miserably failed to ..... . according to the learned counsel, by perusal of the entire charge sheet materials and also evidence of the witnesses, absolutely, there is no materials/evidence/overt-act forthcoming against accused no.3. the learned trial judge convicted accused no.3 only based on assumption and presumptions for the reason that he is the brother of .....
Tag this Judgment!Court : Karnataka Dharwad
..... that sister of accused no.1 by name triveni belonging to hindu maratha community married one vinod malali of hindu raddy community on 12.05.2020 under the special marriage act and got registered the same with the sub-registrar, gangavathi. being enraged with inter caste marriage, accused no.1 who is the brother of triveni gave an offer (supari) to .....
Tag this Judgment!Court : Karnataka
..... deceased, the relatives of the deceased having special knowledge of the relationship are competent witness and their evidence is admissible within the meaning of section 50 of the evidence act.19. in the case of jagadish prasad vs. sarwan kumar reported in air2003p & h10it is held that where a person is in common relation of the parties ..... 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 ..... 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
..... belthangady police station registered for offences punishable under sections 5(j)(ii), 5(l), 5(q), 6 and 21 of the protection of children from sexual offences act, 2012 ( the act for short) and sections 376, 376(2)(h), 376(2)(n), 376(3), 201, 313 and 34 of the ipc, insofar as it concerns the ..... minor approaches a registered medical practitioner for medical termination of pregnancy arising out of consensual sexual activity, the rmp is obliged under section 19(1) of the act to provide information pertaining to the offence committed to the concerned authorities. an adolescent and her guardian may be wary of the mandatory requirement of reporting, as ..... studying in the 7th standard at the taluk higher primary school, belthangady is subjected to physical relationship/sexual activity by accused no.1 and on continuing the said act she becomes pregnant. accused no.1 administers certain tablets to the child to get the pregnancy aborted. the tablets appear to have harmed, resulting in severe .....
Tag this Judgment!Court : Karnataka Dharwad
..... above. (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that the ..... establish that the actions of the appellant were preplanned, motivated, predetermined and that he has committed the murder of 2 adults and 3 children.34. an heinous act of murder of his wife, sister-in-law and three children all of whom were below 10 years of age having been committed would also indicate the depravity .....
Tag this Judgment!Court : Karnataka Dharwad
..... above. (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that the ..... establish that the actions of the appellant were preplanned, motivated, predetermined and that he has committed the murder of 2 adults and 3 children.34. an heinous act of murder of his wife, sister-in-law and three children all of whom were below 10 years of age having been committed would also indicate the depravity .....
Tag this Judgment!Court : Karnataka
..... criminal intimidation as contemplated under section 503 of ipc. 7660. it is relevant to state at this stage the provisions of transplantation of human organs and tissues act ('thota' for short) regulates the removal, storage, transplantation of human organs and tissues for therapeutic purpose for preventing commercial dealings in human organs and tissues. ..... accused cannot be convicted based on the recovery made at his instance and based on his voluntary statement, in view of section 27 of the indian evidence act, as panch witnesses failed to support case of prosecution and no independent witnesses have supported case of prosecution.31. it is well settled that court need ..... to assist the court, who filed notes on 'necrophilia' and would submit that, definition of 'person' as provided under section 3(42) of the general clauses act, includes a body of individuals, a company or a group of individuals whether it is incorporated or not. the definition of 'person' as contained in section 11 .....
Tag this Judgment!Court : Karnataka
..... verandah in front of the shop, owned by the appellant, in connaught circus, new delhi, as public street under section 171(4) of the punjab municipal act, 1911 (the act). the trial court answered the question in the affirmative and dismissed the suit filed by the appellant-plaintiff. the 1 (1993) 4 scc69- 26 - wp ..... is in that background that the petitioners are seeking for a mandamus in that regard. 15.7. in terms of section 2(30) of the karnataka municipal corporation act, 1976 [ act for short]., a private street is defined as under: (30) private street means any street, road, square, court, alley, passage or riding path, which is ..... 9, grover road, sarvagnanagar, cox town, bangalore-560 005.7. sri.satyanarayana educational society (a society registered under karnataka - 3 - wp no.14685 of 2014 societies registration act, 1960) having its office at no.10/4, ramamurthynagar main road, banaswadi, bangalore-560 033, represented by its founder secretary mr.t.venugopal, s/o late thimmaiah. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... rp no.200044/2018 instigated by his mother and sister. as such, the petitioner constrained to file petition under section 12 of the protection of woman from domestic violence act, (for short the act ).3. the trial court allowed the petition partly and ordered the respondent to pay rs.3,000/- per month as maintenance. being aggrieved by the same, the ..... court and it is nullified by the competent court having jurisdiction to pass such order. the courts while dealing with the maintenance matters, either under section 12 of the act or under section 125 of cr.p.c. should not go into the validity of the marriage. however, the court may peruse the evidence of the wife as to ..... dehors its jurisdiction. in the present case, the appellate court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the act, which is beyond its jurisdiction and hence, it is liable to be set aside.11. hence, i proceed to pass the following: - 8 - crl.rp no.200044/2018 .....
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