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1 - 8 of 8 (0.24 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 304B in The Indian Penal Code, 1860 [Entire Act]
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
Sohel Mehaboob Shaikh vs State Of Maharashtra on 17 April, 2009
and (2009) 12 SCC 588 [Sohel
Mehaboob Shaikh vs. State of Maharashtra]. It is also submitted that
the examination of the appellants under Section 313 of the Code of
Criminal Procedure was not conducted properly and all incriminating
circumstances had not been put to them for their explanation. He
accordingly, prayed for acquittal of the appellants.
Dasari Siva Prasad Reddy vs The Public Prosecutor, High Court Of A.P on 20 August, 2004
In
(2004) 11 SCC 282(supra) time of death of the victim had not been
established beyond reasonable doubt. In this backdrop the apex court
held the circumstance that the victim and the accused were last seen
together was irrelevant and conviction could not be founded on the
ground that the plea of alibi the accused had failed. In the present case
appellant no. 1 and the victim were residing together in the tenanted
apartment. P.W 6 had seen that the appellant nos. 1 and 3 move away
when she arrived at the said apartment on the fateful evening. Dead
body of the victim was found in the pond in front of the rented apartment
with multiple injuries which were homicidal in nature. The tenanted
room of appellant no.1 was locked from outside and he had run away. No
evidence was led by the appellant no. 1 to probabilise his absence from
the place of occurrence. In this factual backdrop, I am of the opinion that
the aforesaid authority is distinguishable on the facts and is of little
assistance to the appellants. The fact that appellant no.1 was found
moving away from the house in the evening prior to the death of the
victim when P.W. 6 arrived there rules out any possibility of his going out
of town for business purposes on the fateful day.
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