Back
S. H. KAPADIA, ARIJIT PASAYAT
Abbas Ali – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr, Arijit Pasayat, J.—Leave granted.
2. Challenge in this appeal is to the judgment of the Rajasthan High Court at Jodhpur. By the impugned judgment the High Court upheld the judgment of Learned Additional Sessions Judge, Bhilwara holding the appellant guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentencing him to undergo imprisonment for life.
3. Prosecution version as unfolded during trial is essentially as follows:
First information report (in short the ‘FIR’) was lodged by Duda Ram (PW-5) on 15.11.2001. According to the FIR, the informant was a Chowkidar for Chirag Travel Agency. At about 12 midnight, he saw a body on the railway overbridge. A bearded man was pelting stones, he closed the doors of the office and went inside. After sometime, when he opened the door, he saw that there was a dead body lying. Seeing this, a report was lodged with Police Station Pratap Nagar, Bhilwara where a Case No. 501/2001 was registered. Recovery was made of the knife on the basis of disclosure made by the accused. After registration of the case, investigation was conducted and after investigation, charge sheet was filed agains
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
