A.K.AWASTHY, DEEPAK VERMA
Mohammad Asif – Appellant
Versus
State of M. P. – Respondent
Awasthy, J. -- The appellant has preferred this appeal against judgment dated 11.5.1990 Passed by IVth Additional Sessions Judge, Bhopal in Sessions Trial No. 32 of 1989 against his conviction under section 302 of the Indian penal Code and sentence of life imprisonment.
The prosecution case is that on 28.9.1988 at about 1.35 p.m. at Kabitpura, Bhopal, deceased Irfan had scuffle with the appellant and the appellant took out the knife and gave blow on the chest of Irfan. That Irfan ran towards his house and he was chased by the accused. When the deceased reached his house the accused went away saying that he will not leave him to go to the hospital. Eye witnesses of the offence are mother of deceased Khalikulnisha (PW 5), her daughter-in-law Kiswar Jahan (PW 4) and her son Taufique (PW 9). Kiswar Jahan (PW 4) rushed to the Police Station Shah Jahanabad and first information report Ex. P. 7 was recorded on that very day at about 1.51 p.m. by Assistant Sub-Inspector R.N. Mishra (PW 8). Irfan was declared dead in the hospital and postmortem of the dead body was conducted by Dr. J.N. Soni (PW 2). Dr. IN. Soni (PW 2) has found that in the left side of the chest of deceased, t
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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