respectively. The accused is addicted to alcohol and used
to come home drunk and ill-treat Kavitha physically and
mentally ... accused came
CRL.A.No.336/2017
3
home drunk and abused Kavitha in foul language, uttered
that she should consume poison and die, beat
There is also evidence that the deceased and one
3
Rajaram were drunk and were abusing each other and also indulged in a
brawl ... relevant time. In cross-examination, the witness acknowledged that the
deceased was drunk. He also acknowledged a property dispute between
the deceased
during her cross-examination that at the relevant
time Bikash (appellant) was drunk. Learned counsel has advanced
arguments that no mens-rea of the accused ... been established that at the relevant time,
the accused was drunk and therefore, it is very much possible that
due to temptation under intoxication
panchas did not support the prosecution case about the accused being found drunk on the public place. The accused in his statement before the learned ... prosecution and in his cross-examination, he denied that the accused was drunk. The prosecution thereupon examined another panch witness Vithalbhai Moti-bhai Patel
Would you be Ans No. I was not drunk on :
in poshing to recall j 19/05/2008
whether you
took/drink liquor ... remember, he was j.
in position to i drunk as smell was coming
disclose whether the j out from his mouth
were deputed to register the case on drunk and drive,
when they discharging their duty at 8.30 p.m., the
accused ridden his vehicle bearing ... deputed from
the control room to register the case on drunk and
drive rider at Nagarbavi Circle from
Hoysala vehicle of Adugodi
Police station came to the spot and drunk and driving
case was registered against the driver. The accused ... Hoysala
vehicle of Adugodi Police station came to the spot
and drunk and driving case was registered against
the driver. The accused
justice.
22. The advocate for respondent argued that it is a drunk
and drive case, hence owner is liable to pay the compensation.
Per contra ... advocate for petitioner argued that drunk and drive
is not a violation of policy condition. It is not covered u/s 149 of
SCCH
they could have gone together
and more over both of them were drunk. The witness has testified that he
had only told the police ... going together but did
not tell them that both of them were drunk. He is unable to tell the exact
time when Abhijeet and Ashish
called him when Mahmood left
the room. I told him how drunk he was and asked
what was wrong. I asked him to come ... hour, he came with his friend and met her.
She finding him drunk asked "Have you been
drinking already". He replied in affirmative
