JUDGMENT
Dinesh Maheshwari, J.
Table of Contents
Preliminary............................................................................... 2
Relevant factual and background aspects..................................7
The Evidence..........................................................................11
The Trial Court found the appellant guilty ... that the
young age of the appellant, his poor socio-economic background with
family members being dependant on him, and the likelihood of
reformation deserve
political or
similar reasons other than personal reasons.
38. In this background the guidelines indicated in
Bachan Singh case1 will have to be culled
observations, profound as they are, in assessing the evidence.
In this background, we must examine Mr. Ranjit Kumar's first
argument with regard ... under Section 201 of the IPC. Mr. Ranjit Kumar, has
in this background, pleaded that the prosecution itself being
uncertain as to the widely differing
question posed must, of
necessity, give cause for introspection. Such being the
background, can we evaluate a murder committed during a
communal riot ... negative and for the reasons already quoted
above. It is in this background that the arguments raised have
to be examined.
12. The learned counsel
political or similar reasons other than personal
reasons.
38. In this background the guidelines indicated
in Bachan Singh case
accused to be
reformed (beyond vague references to conduct, family background, etc.),
this court deems it necessary to frame practical guidelines for the courts ... exhaustive list
is as follows:
a) Age
b) Early family background (siblings, protection of parents, any history of
violence or neglect)
c) Present family background
account thereof,
the learned Lower Court should have considered the background
of litigation, refusal of prayer of anticipatory bail, nature of
allegation, authenticity ... from the
successive orders, no such reference is found. In the aforesaid
background it has been submitted that all the documents happens
to be forged
The State Of Bihar vs Onkar Nath Singh @ Sheru Singh on 7 February, 2020
Equivalent
30th April, 2001. She belongs to a
very poor and a humble background. She was working in a bangle factory
and was also employed ... keep in mind the mental condition of the prosecutrix
and the factual background of the case when she was with the appellant
station Rampur Karkhana who has been examined as P.W. 8.
The background as narrated by the witnesses and which remains undisputed is that ... about the place of occurrence which is to be viewed in the background that during investigation no incriminating material was found from Gautam Chak Mathia
