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Ritu W/O Dinesh Maloo vs The State Of Maharashtra Thr. Pso Ps ... on 26 June, 2024

In the case of Alister Anthony Pareira vs. State of Maharashtra supra, the Honourable Apex Court observed that a person, responsible for a reckless or rash or negligent act that causes death which he had knowledge as a reasonable man that such act was dangerous enough to lead to some untoward thing and the death was likely to be caused, may be attributed with the knowledge of the consequence and may be fastened with culpability of homicide not amounting to murder and punishable under Section 304 Part-II of the Indian Penal Code. The court also proceeded to observe that there is a presumption that a man knows the natural and likely consequences of his acts. Moreover, an act does not become involuntary act simply because its consequences were unforeseen. It has also been observed that in a case where .....18/-
Bombay High Court Cites 30 - Cited by 0 - Full Document

Radhey Shyam vs State on 28 July, 2022

Alister Anthony Pareira (Supra) "There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances."
Rajasthan High Court - Jodhpur Cites 6 - Cited by 0 - P S Bhati - Full Document

Ajmer Singh @ Balu And Ors vs State on 27 July, 2022

Alister Anthony Pareira (Supra) "There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances."
Rajasthan High Court - Jodhpur Cites 18 - Cited by 0 - P S Bhati - Full Document

Judgment Of Prabhakaran vs . State Of Kerala, Air 2007 S.C 2376 on 17 December, 2014

He has stated that even in these cases, the courts have imposed the substantive sentence of three years in Alister Anthony Pareira's case and two years in the case of Sanjeev Nanda. For the other convict Nawab Khan, Sh. S.K. Chaudhary argued that the convict is also a first time offender and the only bread earner in his family and has minor school going children to support and hence, a lenient view may be taken against him also.
Delhi District Court Cites 33 - Cited by 0 - Full Document

Mr. Anand Jaiswal And Others vs The State Of Maharashtra Thr. Police ... on 17 March, 2017

4.8. Accordingly, from Alister Anthony Pareira(supra), the following relevant proposition of law emerges: The scheme of Section 336 leaves no manner of doubt that the offence is punished because of the inherent danger of the act specified therein irrespective of knowledge or intention to produce the result and irrespective of the result. The section make punishable the acts themselves which are likely to endanger human life or the personal safety of others.
Bombay High Court Cites 33 - Cited by 1 - B R Gavai - Full Document
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