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
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
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
It is most unfortunate that Section 498-A IPC has become a weapon in breaking the families rather than in uniting them.
Excerpt: Due to ill-advice or under a wrong impression that if a complaint is lodged under section 498-A IPC, the husband may come to terms, complaints are being lodged with the police. It is most unfortunate that Section 498-A IPC has become a weapon in breaking the families rather than in uniting them. Andhra High Court Tahmeena Kaleem And … Continue reading It is most unfortunate that Section 498-A IPC has become a weapon in breaking the families rather than in uniting them.
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