Mukesh vs State Of U.P

Allahabad High Court Mukesh vs State Of U.P. on 12 July, 2019 Bench: Pradeep Kumar Srivastava HIGH COURT OF JUDICATURE AT ALLAHABAD AFR RESERVED JUDGMENT Court No. - 82 Case :- CRIMINAL APPEAL No. - 5267 of 2018 Appellant :- Mukesh Respondent :- State Of U.P. Counsel for Appellant :- Bal Ram Gupta Counsel for … Continue reading Mukesh vs State Of U.P

Anil kumar vs state of A.P

Excerpt: There is no record even shown from the police charge sheet by collecting from father of de facto complainant as to any so- called additional amount of Rs.4,30,000/- given out of his retirement benefits or 15 tulas of gold. It is crucial if at all to believe as to what were the retirement benefits … Continue reading Anil kumar vs state of A.P

To form particular statement as part of the same transaction utterances must be simultaneous with the incident or substantial contemporaneous that is made either during or immediately before or after its occurrence

EXCERPT: The rule embodied in Section 6 is usually known as the rule of res gestae. What it means is that a fact which, though not in issue, is so connected with the fact in issue "as to form part of the same transaction" becomes relevant by itself. To form particular statement as part of the same … Continue reading To form particular statement as part of the same transaction utterances must be simultaneous with the incident or substantial contemporaneous that is made either during or immediately before or after its occurrence

Sandeep Kumar vs The State Of Uttarakhand

in order that Section 113B applies, there must be evidence that soon before the death of the person, which proves that the person, who is alleged to have caused death, treated the deceased with cruelty or harassed her or in connection with a demand of dowry. Supreme Court of India Sandeep Kumar vs The State Of Uttarakhand … Continue reading Sandeep Kumar vs The State Of Uttarakhand

Atmaram vs State Of Maharashtra

Excerpt: Supreme Court of India Atmaram vs State Of Maharashtra on 8 February, 2013 Author: A K Patnaik Bench: A.K. Patnaik, Chandramauli Kr. Prasad Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 985 of 2004 Atmaram s/o Raysingh Rathod …… Appellant Versus State of Maharashtra ….. Respondent J U D … Continue reading Atmaram vs State Of Maharashtra

The statement of a dead person is admissible in law if the statement is as to the cause of death or as to any of the circumstance of the transactions which resulted in her death, in a case in which the cause of death comesintoquestion

Excerpt: The statement of a dead person is admissible in law if the statement is as to the cause of death or as to any of the circumstance of the transactions which resulted in her death, in a case in which the cause of death comes into question. What has been deposed by PW-4 and … Continue reading The statement of a dead person is admissible in law if the statement is as to the cause of death or as to any of the circumstance of the transactions which resulted in her death, in a case in which the cause of death comesintoquestion

Arvind Singh vs State Of Bihar

Excerpt: Direct evidence may not be available but circumstantial evidence with reasonable probity and without a snap in the chain of events would certainly tantamount to a definite evidence about the involvement but not otherwise. What is the evidence available in the matter To put it shortly, there is none! The factum of burn injury … Continue reading Arvind Singh vs State Of Bihar

By misuse of the provision of IPC 498a a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins’ weapon. The object of the provision is prevention of the dowry meance

Excerpt: The object of the provision is prevention of the dowry meance. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with obligue motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy … Continue reading By misuse of the provision of IPC 498a a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins’ weapon. The object of the provision is prevention of the dowry meance