| Topics |
Headnote |
Judgement |
| CRIMINAL JURISPRUDENCE |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Duty of prosecution — Vital aspect — Held, in a case where death is due to injuries or wounds caused by a lethal weapon, it is always the duty of the prosecution to prove by expert evidence — that it was likely or at least possible for the injuries to have been caused with the weapon with which and in the manner in which they are alleged to have been caused. (Para 11) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Motive — Essence of — Held, though motive is not sine qua non for the conviction of the appellant-accused — the effect of not proving motive raises a suspicion in the mind. (Para 12) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Settled principle of law —When the genesis and the manner of the incident is doubtful, the accused cannot be convicted. (Para 13) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Duty of prosecution — Vital aspect — Held, in a case where death is due to injuries or wounds caused by a lethal weapon, it is always the duty of the prosecution to prove by expert evidence — that it was likely or at least possible for the injuries to have been caused with the weapon with which and in the manner in which they are alleged to have been caused. (Para 11) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Motive — Essence of — Held, though motive is not sine qua non for the conviction of the appellant-accused — the effect of not proving motive raises a suspicion in the mind. (Para 12) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Settled principle of law —When the genesis and the manner of the incident is doubtful, the accused cannot be convicted. (Para 13) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Duty of Medical officer — MLC papers — sending to Police Station — should be prepared by filling up all the required particulars, which included the history— Non compliance is —fatal to prosecution. (Para 22) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Setting a person on fire by striking match-stick —Held, "Striking a match-stick" is a physical act — It is generally not connected to "igniting something using the burning match-stick — Even after a match-stick is ignited successfully, the user would take a few moments to get the flame settled and then within short time he has to ignite an object with it — If the user tries to use it before the flame of match-stick is settled — there is possibility of extinguishing of the flame, before it could reach the target — Even after the match-stick is ignited and the flame is settled, due to small size of the stick, the user is required to ignite the target as soon as possible — If the target is not ready and close by, the burning match-stick would get extinguished. (Para 32) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Setting a person on fire —by striking match-stick —kerosene socked clothes of victim — While doing so the assailant should find the victim stationary — If the victim is moving and resisting, then setting up the fire could get difficult — At such time the victim is required to be made stationary — so that resistance and movement would be stopped. (Para 33) |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Defence version — Appreciation of — Prosecution case was disbelieved — appeal was disposed of without considering the defence version — Acquittal. (Para 34) |
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