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1 - 4 of 4 (0.22 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
Sita Ram & Ors vs State Of U.P on 24 January, 1979
" To my mind the prosecution has failed to prove this
charge because in his statement Ex. PW 6/A the complaintant
has stated that when he entered in the house of Ram Karnan,
Ashok accused came out from a room with a pistol and directed
him (PW-6) to get lost from that place failing which he would finish
him. This version is supported by PW-6 in his on oath statement.
Except this evidence, no other evidence has come on the record.
Therefore from this evidence it is clear that the threat uttered by
accused Ashok to PW-6 was a conditional threat and nothing was
done by the accused Ashok, even the witness did not follow his
directions. Thus the conditional threat was no threat in the eyes of
law and if any law on this point is required, then reference may be
made to Sita Ram Vs. State 1974 P.L.R. 421. Thus viewed from
every angle, I have come to the conclusion that the prosecution
has not been able to prove the second charge i.e. charge under
Section 506 Indian Penal Code, against the accused persons."
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