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1 - 10 of 11 (0.28 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 160 in The Code of Criminal Procedure, 1973 [Entire Act]
The Arms Act, 1959
Section 404 in The Indian Penal Code, 1860 [Entire Act]
Yogesh Singh vs Mahabeer Singh & Ors on 20 October, 2016
10. Contention on behalf of appellant Deshraj @ Desu that the police
straight away obtained NBW against Deshraj was countered by learned APP
stating that the IO visited the house of Deshraj at 2037, Peeli Kothhi, Sita
Ram Bazaar where he met the brother of Deshraj who informed the IO that
Deshraj does not visit their house as he has a criminal background and that
these days he was in company of one Hitender @ Chhotu and they were
Signature Not Verified
Digitally Signed By:ANIL
KUMAR BHATT Crl.A.Nos.553/2020 & connected matters Page 11 of 29
Signing Date:03.03.2023
15:32:02
N.C.2023/DHC/001566
together residing somewhere in Rohini. As per the case diary, the police
visited the house of Deshraj five times as noted in DD No.24 dated 21st
October, 2007, DD No. 35 dated 26th November, 2007, DD No.52 dated 18th
December, 2007, DD No.59 dated 03rd January, 2008 and DD No.60 dated
05th January, 2008. Apart from this, Deshraj was seen along with accused
Praveen Koli going towards the place of occurrence by father of deceased
(PW-19) on 29th September, 2007 just before the incident. It was further
contended that the contention on behalf of the appellant that the CDRs of
the eye witnesses were not preserved, is baseless as the same could also
have been sought by the appellants by moving an application before the trial
court seeking preservation of the CDRs. As regards motive, reliance was
placed on the decision titled as (2017) 11 SCC 195 Yogesh Singh v.
Mahabeer Singh & Ors. It was contended that in case of direct trustworthy
evidence as to the commission of offence, motive is insignificant.