Tag: Justice Abhay S. Oka
Criminal Appeal – Court of Appeal should be circumspect in overturning its judgment of acquittal – Dying declaration – Examination of the person who reduced into writing, the dying declaration, is essential – Presence of a Magistrate in recording of a dying declaration, is not a necessity but only a rule of Prudence [2023 SCeJ 451 , SupremeCourtOnline 462604 ]
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Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]
However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples ...
CrPC S. 313 – Complete denial or silence, Court is entitled to draw an adverse inference – Abkari Act, Section 57(A)(1) – Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. [PLRonline #412680]
Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under ...
IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]
PANCHRAM v. THE STATE OF CHHATTISGARH , 2023 PLRonline 0100 IPC, S. 326, 307, 341, 506 – Grievous hurt - ...