Thereafter, statements of the accused persons were recorded under Section 313 Cr. During all those visits I never found any signs of epileptic fits…… Cross examination: I started my practice in January 1985 at Ulhasnagar and handed the case of Neeru in February 1985 after I passed my M. The deceased had also made an attempt earlier to commit suicide in 1985 and she had been taken to the local hospital. Now let us look to the language of the relevant parts of Section 403 and Section 405 of the Indian Penal Code for ascertaining whether the offence of dishonest misappropriation or for that matter, criminal breach of trust is a continuing offence. No oath or affirmation is — required in an examination of witnesses under this section.
The contradiction in these two documents shows that the investigation was not fairly conducted in this case. J The undated letter written by the deceased to her aunt Manorma Gupta at Barabanki does not suggest anything against the accused, as the deceased had written that everything was fine and that she would discuss things when they met. It is judicial scrutiny which is warranted in respect of the depositions of all witnesses for which different yardsticks cannot be prescribed as for those different categories of witnesses. C of issuing notice is a power exercised in investigation of a crime and to know the facts and circumstances of the case from those who are acquainted with the facts and circumstances of the case. He informed his wife and children about it. Therefore, the finding recorded by the High Court that the intimacy between them to the extent of having an illicit relationship was not there, loses its significance, for the reason that even the suspicion of such a matter becomes the talk of the town and the reputation of the family remains at stake. It was further alleged that he was not allowed to meet his daughter and allowed the boy and girl both to go from Kota.
The threat thrown at her during 2012 was to give consent for second marriage and against her claim for maintenance for herself and on behalf of the child and not otherwise. She had no faith in any member of her family. Notwithstanding that the statement is signed, it continues to be a statement recorded under Sec. There were material contradictions and improvements, which were not mere elaborations of their statements already made. He did not talk and contact with parents of Amit. The post-mortem report dated 21st May, 2004 is Ex.
There are three occasions related to dowry. Satish brother of the deceased , P. Husband or relative of husband of a woman subjecting her to cruelty. The statement of injured recorded under Section 161 Cr. The judgment of conviction and sentence passed by the trial Court is not sustainable and it is liable to be set aside. She made statements under Sections 161 and 164 Cr. Anything though she was here.
However, she used to go once in a week to Kota for practical classes. P5 does not contain any incriminating material as such, in relation to harassment or otherwise. Petitioners Parimal Trivedi and Anju Trivedi state that they were permanent resident of Delhi but were working for gains at Aruba, Holland. There was nothing to worry or fear as all of them were with the deceased and she also told the deceased to face things with courage, as she had equal rights to stay in the house and to fight for justice. That may be one way of reading the suicide note, but it is equally possible to read the suicide note to mean that she was entirely responsible for what she was doing and no one else was to blame.
The marriage between the first petitioner and the second respondent was solemnized on 22. Depositions of witnesses, whether they are examined on the prosecution side or defence side or as Court witnesses, are oral evidence in the case and hence the scrutiny thereof shall be without any predilection or bias. . C obliges and casts a duty upon the officer in charge of the police station either to personally investigate the cognizable offence disclosed to have been committed as per the information or to assign this investigation to a police officer working under him. In other words, if the court has not put any question to the witness with reference to his statement recorded under Section 161 of the Code, it is impermissible for the court to use that statement later even for drawing any adverse impression regarding the evidence of that witness.
Seizure and inquest: Having discussed the evidence of the relative witnesses, the evidence of P. Such allegations had been made for the first time while making statements before the court during trial. This Court sees considerable force in his arguments. The same feature of transitional phenomenon of converting the complexion of the possession or user marks the precipitation and completion of the offence of criminal breach of trust as defined in Section 405. They withdraw both from the victim and the vigilante. Degree in Psychiatry in July 1984 though I joined mental hospital at Thane as Medical Officer…… I agree that even in major epilepsy this medicine Geroin is prescribed.
It is a settled law that to convict an accused for an offence under Section 304-B I. The learned Counsel also had taken this Court through Ex. I have not stated before the police that I told him that there were side effects of this drug and the drug should be stopped after 3 years…. Convey my Namaskarams to my elder sister-in-law. Vide : State of Rajasthan v. Above all, other ground on which the accused were questioned the legality and validity for proceeding against them for the offences as referred to above is mis-joinder of cause of action. Inordinate delay on the part of the investigating officers in recording statements of witnesses including the accused and the suspects may throw doubt on the veracity of the prosecution case.
The learned Counsel also would submit that the evidence of all these brothers also is not consistent and the explanation given in relation to Ex. The alleged dowry admittedly was given at Delhi not in Patna. This extreme version of the inquest Panchayatdar-P. Although plaintiff purchased what defendant assumed was a roundtrip ticket of India, she later learned that he had actually purchased a one — way ticket of India. She stated that her family members had accepted the marriage of Manisha with Amit.