Court : Madhya Pradesh
..... -4), sister of the deceased and rekha (pw-3) aunt of the deceased have turned hostile. they did not allege anything about the cruelty. under such circumstances, when the overt-acts of the appellants do not fall within the purview of section 107 of ipc, no offence under section 306 of ipc is made out against the appellants.18. in the ..... as stated by the witnesses do not fall within the purview of section 107 of ipc.17. it is true that the presumption under section 113- a of the evidence act is applicable in the present case, but the presumption is rebuttable, and therefore it was for the prosecution to prove beyond doubt that a cruelty was done to the deceased ..... factual position of the present case is considered, then it would be apparent that no case under section 498-a of ipc is made out against the appellants. no overt-act of the appellants is proved to show that they dealt with the deceased with cruelty so that she could commit suicide. under such circumstances, the overt .....
Tag this Judgment!Court : Madhya Pradesh
..... of the aforesaid discussion, the prosecutrix is not believable beyond doubt. it appears that a false case has been prepared by the father of the prosecutrix to save her act of escape. the appellants jai prakash, satish and komal prasad cannot be convicted for the offence punishable under section 376 read with section 34 of ipc, whereas the remaining ..... the parents of the appellant jai prakash upon the prosecutrix and therefore, by such a fact it cannot be said that any harassment has been done by the appellant bal kishan to the prosecutrix. he is also convicted for the offence punishable under sections 498-a of ipc without any basis.21. so far as the case of ..... demand. in the fir, ex.p/1, the prosecutrix had alleged about the dowry demand and harassment against all the appellants, whereas she could not say about the overt-acts of other appellants. looking to her conduct, where she is disbelieved on each and every count, she cannot be believed for the harassment done by the appellant pyari bai .....
Tag this Judgment!Court : Madhya Pradesh
..... of the aforesaid discussion, the prosecutrix is not believable beyond doubt. it appears that a false case has been prepared by the father of the prosecutrix to save her act of escape. the appellants jai prakash, satish and komal prasad cannot be convicted for the offence punishable under section 376 read with section 34 of ipc, whereas the remaining ..... the parents of the appellant jai prakash upon the prosecutrix and therefore, by such a fact it cannot be said that any harassment has been done by the appellant bal kishan to the prosecutrix. he is also convicted for the offence punishable under sections 498-a of ipc without any basis.21. so far as the case of ..... demand. in the fir, ex.p/1, the prosecutrix had alleged about the dowry demand and harassment against all the appellants, whereas she could not say about the overt-acts of other appellants. looking to her conduct, where she is disbelieved on each and every count, she cannot be believed for the harassment done by the appellant pyari bai .....
Tag this Judgment!Court : Madhya Pradesh
..... deceased and one unknown person. it is no where stated by the witness sharda prasad that any third person intervened in that scuffling and therefore, no overt act of the appellant no.2 was established to prove his common intention with the appellant sanjay and therefore, the appellant murli could not be convicted for the ..... after considering the evidence adduced by the parties the learned additional sessions judge acquitted the appellants from the charge of offence punishable under section 25 of the arms act and section 302 or 302 read with section 34 of i.p.c but, convicted the appellant sanjay for offence punishable under section 304 (part i) and ..... the blood found on the articles was human blood. after due investigation a charge sheet was filed before the special judge under sc/st (prevention of atrocities) act, betul. since at that time entire sessions court was notified as a special court therefore, the case was transferred to the iind additional sessions judge/special judge betul .....
Tag this Judgment!Court : Madhya Pradesh
..... under section 113-a of the evidence act may apply. the overt act of the respondent, which was established before the trial court that the respondent called the deceased from her class and therefore, the teacher called ..... by the prosecution that the deceased ramdevi had committed 4 criminal appeal no.3047/1998 suicide. the learned sessions judge, tikamgarh acquitted the respondent because his overt act was not covered under section 107 of ipc. it is also apparent that there was no relation between the deceased and the respondent so that the presumption ..... panel lawyer for the state has submitted that the offence punishable under section 306 of ipc was duly established and the deceased died due to the overt act of the respondent that he snatched school bag of the deceased and therefore, the respondent may be acquitted and sentenced accordingly.7. since the respondent was unrepresented .....
Tag this Judgment!Court : Madhya Pradesh
..... to the incident. bhagwati, ramesh and munna @ dhaniram have accepted that they did not hear anything against the appellant that the appellant inflicted any cruelty with some reason and the act of cruelty committed on the day of incident was not proved beyond doubt, and therefore when there is no evidence against the appellant relating to cruelty towards manisha within two ..... the case of "rasheed beg vs. state of madhya pradesh", (air 1974 sc 332) it is held that if the dying declaration recorded under suspicious circumstances, then it cannot be acted upon without corroborative evidence. 13. in the light of the aforesaid judgments of hon'ble the apex court it is to be seen whether the dying declaration recorded by the .....
Tag this Judgment!Court : Madhya Pradesh
..... together (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent). 26. fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. in lfaud one gains at the loss of another. ..... is obtained by fraud, it cannot be said to be a judgment or order in law. before three centuries, chief justice edward coke proclaimed: "fraud avoids all judicial acts, ecclesiastical or temporal." 22. it is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority ..... and conditions that right of ownership was granted in favour of the respondent. in accordance with the provision of section 312 chapter xi of the m.p. municipalities act, 1961 the compromise can only be entered with the permission by the municipal council. no such permission was taken by the president and cmo of nagar panchayat .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2005)ACC638
..... a broken and shattered physical frame.this court in the case of c.k. subratnonia iyer v. t. kunhikuttan nair 1970 acj 110 (sc), in connection with the fatal accidents act has observed:in assessing damages, the court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable.when compensation is to ..... ; nevertheless, it is remitted to the jury, or those who stand in place of the jury, to consider that compensation in money shall be given for what is a wrongful act. take the most familiar and ordinary case: how is anybody to measure pain and suffering in moneys counted? nobody can suggest that you can by any arithmetical calculation establish what .....
Tag this Judgment!Court : Madhya Pradesh
..... payment of fine, further rigorous imprisonment for 6 months. appellants smt. kusumlata tiwari and ku. snehlata tiwari have further been convicted under section 4 of the dowry prohibition act and sentenced to rigorous imprisonment for 3 years. all the jail sentences have been directed to run concurrently. 3 cr.a.no.1429/2005 cr.a.no.1431/ ..... and ku. snehlata tiwari under section 498-a i.p.c. and conviction of appellants smt. kusumlata tiwari and ku. snehlata tiwari under section 4 of the dowry prohibition act is concerned, it rests mainly on the evidence of naval kishore (pw-13), shyam kishore (pw-1), ramkishore (pw-9) and basant kumar dixit (pw-11). these ..... . sentence of fine is affirmed. conviction and sentence awarded to appellants no.2 smt. kusumlata tiwari and no.3 ku.snehlata tiwari under section 4 of the dowry prohibition act is affirmed. their bail bonds and surety bonds stand discharged. a copy of this judgment be kept in the record of criminal appeal no.1431/2005. (rakesh saksena) .....
Tag this Judgment!Court : Madhya Pradesh
..... , the appeal filed by the appellants is hereby partly allowed. conviction directed by the special judge, sehore for offence punishable under section 8/21 (b) of ndps act against the appellants is hereby maintained but, their sentence is reduced to the period, which they have already undergone in the custody. fine is reduced from rs. ..... taken from the quantity seized from the appellants and entire material was sealed in a separate manner. various memos were prepared according to the provisions of the act and rules. thereafter, samples were sent to forensic science laboratory. it was found that those samples were of brown sugar. after due investigation, a charge- ..... preferred this appeal against the judgment dated 24.11.2007 passed by learned special judge under ndps act, sehore in special case no.120/2006, whereby the appellants were convicted for offence punishable under sections 8/21 (b) of ndps act and each sentenced for 7 years rigorous imprisonment with fine of rs.20,000/-. in default .....
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