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1 - 10 of 12 (0.38 seconds)Section 149 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 143 in The Indian Penal Code, 1860 [Entire Act]
Section 363 in The Code of Criminal Procedure, 1973 [Entire Act]
Motilal & Anr vs State Of Rajasthan on 5 May, 2009
74. During the course of arguments much has been
argued by the Learned Advocate for Accused that in the
instant case investigation is not proper and it has many
loopholes. The prosecution has failed to prove seizure of
material objects at the instance of accused. Therefore the
prosecution has failed to prove its case beyond all reasonable
doubt. To support his arguments learned advocate for
accused has relied upon decisions of Hon'ble Appex Court
reported in (2012) Part 7 Supreme Court Cases 317
(Ashish Batham Vs/ State of M.P.), (2009) Part 7
Supreme Court Cases 454 (Motilal and another .vs. State
of Rajasthan, (1974) Part III Supreme Court Cases 397
(Harchand Singh and another /vs/State of Haryana ),
(2015) Part 11 Supreme Court Cases Page 242, (Golbar
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SC 1269-2013
Hussain and Ors. Vs. State of Assam & another) , AIR
1983 Supreme Court Page 360 (Kora Ghasi/vs/ State of
Orissa), 1973 Cri.L.J. 955(V 79 C 292) (State /vs/
Youssuf Dar and others, AIR 2003 SC 4076 (Saleem Aktar
@ Mota /vs/ State of U.P.), 2018 Cri. L.J. 2814
(Navaneethakrishnan /vs/ State by Inspector of Police
and 2018 Cri. L.J. Page 2329 (Ujeram Khuluram
Rathiya /vs/ State of Chattisgarh.
The Code of Criminal Procedure, 1973
Golbar Hussain & Ors vs State Of Assam & Anr on 28 April, 2015
75. I have gone through the material evidence on record
in the light of the law laid down in the aforesaid decisions. In
the instant case the prosecution has examined complainant,
parents of the deceased, his wife, sister and her husband who
are natural witnesses to the occurrence of the incident. As
noted above, the alleged incident has occurred right infront of
the house of the deceased during the night hours. It is
obvious that all the family members would come out of the
house after hearing the commotion and see the incident. They
have also attempt to pacify the quarrel and to rescue the
victim. In the instant case I find the evidence of aforesaid
witnesses as quite natural. They have categorically and
consistently stated about the incident occurred and they
stated which accused has assaulted deceased Anand with
which weapons. Each of the witnesses have not only identified
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all the accused but they identified the material objects also.