AI Overview...
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Blind Witness Deposition Evidence & Conviction - Several cases highlight the reliance on witness deposition evidence in establishing guilt, sometimes leading to convictions under various IPC sections such as 302, 304, 147, 148, and 366. The appreciation of evidence, including witness contradictions and credibility, plays a crucial role in conviction and sentencing decisions. For instance, in one case, the court convicted under Sections 366, 304, 148, and 147, emphasizing the importance of deposition evidence in proving abduction and culpable homicide not amounting to murder Karanbhai Nathabhai Bharwad VS State of Gujarat - Gujarat.
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Use of Vide Evidence & Witness Testimony - While some judgments do not explicitly mention vide deposition evidence, the overall judicial approach underscores the importance of testimonial and documentary evidence, including medical reports and forensic evidence, in confirming guilt or innocence. The courts often scrutinize witness consistency and corroborate testimonies with medical and forensic findings to uphold convictions Ajay Kumar vs State of H.P. - Himachal Pradesh.
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Convictions Under Sections 302 & 304 IPC - Multiple cases involve convictions for murder (Section 302) or culpable homicide not amounting to murder (Section 304). The courts sometimes set aside or alter convictions based on evidence credibility, such as contradictory witness statements or procedural errors, leading to convictions under lesser charges like Section 304(II). Sentences range from life imprisonment to death, with some appeals resulting in remand for re-trial Anil Kumar Tiwary @ Anil Tiwary VS State of Jharkhand - Jharkhand, Osman Goni SK VS State Of Assam - Gauhati, Gandhi @ Gandhivel VS State rep by the Inspector of Police, Saibaba Colony Police Station, Coimbatore (Crime No. 239 of 2016) - Madras.
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Judicial Scrutiny & Re-trials - Courts have remitted cases for de novo trials or set aside convictions due to procedural flaws, lack of fair trial, or insufficient evidence. For example, a death sentence was confirmed but later remitted for re-trial, emphasizing the importance of proper procedure and evidence assessment State of Orissa VS Sukru Majhi - Orissa, Bidyadhar Praharaj VS State of Orissa - Orissa.
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Legal Principles & Evidence Evaluation - Courts often evaluate the credibility of eyewitnesses, medical reports, and forensic evidence before confirming convictions. Sections of the Indian Evidence Act, such as Section 106 (burden of proof) and Section 32 (confession), are frequently invoked to determine guilt. The assessment of evidence quality influences whether convictions are upheld, altered, or quashed Balu Sudam Khalde VS State Of Maharashtra - Supreme Court, Gandhi @ Gandhivel VS State rep by the Inspector of Police, Saibaba Colony Police Station, Coimbatore (Crime No. 239 of 2016) - Madras.
Analysis and Conclusion:
The provided cases collectively demonstrate that deposition evidence, including witness testimonies and forensic reports, is pivotal in establishing guilt in criminal trials. Courts meticulously analyze the consistency, credibility, and corroboration of evidence to determine convictions under IPC sections related to murder, culpable homicide, and other crimes. Vide deposition evidence, while not explicitly detailed in all cases, remains an integral part of the evidentiary framework, influencing judicial outcomes. When procedural or evidentiary flaws are identified, courts are willing to set aside convictions and remand for re-trial, underscoring the importance of fair trial standards and reliable evidence in criminal justice.
Search Results for "Blind Witness Deposition Evidence Proved Conviction Vide Judgment 304 a Section Ipc Sentenced"
2010 0 Supreme(Guj) 65 • India - Gujarat
JAYANT PATEL, RAJESH H.SHUKLA
Sections 366, 304, 148 and 147 — Abduction and culpable homicide not amounting to murder — Conviction — Appreciation of evidence ... to the extent that there shall be conviction under Section 149 read with Section 366 read with Section 511 of IPC for the attempt ... The conviction made and the sentence imposed by the learned Sessions Judge for the offence under Section 147 read w....
2013 0 Supreme(Jhk) 175 • India - Jharkhand
D.N.PATEL, SHREE CHANDRASHEKHAR
(A) Indian Penal Code, 1860-Sections 302 and 304-B---Dowry death---conviction--PWs also contradicted each other with respect to demand ... beyond all reasonable doubts offences u/ss. 302 and 304-8 against appellant---conviction set aside. ... of dowry-allegation of murder not supported by most of the related witnesses in their deposition in the court-I.O. and doctor who ... Learned trial judge found the appellant guilty for the offence under Section ....
2013 0 Supreme(Ori) 404 • India - Orissa
PRADIP MOHANTY, D.DASH
CRIMINAL PROCEDURE CODE, 1973 - Sec. 366 - Conviction under Sec. 302, IPC with sentence of death - Confirmation of death sentence ... of conviction and sentence set aside - Matter remitted to trial Court for de novo trial. ... - Appeal challenging the conviction and sentence - Whether the accused has faced a fair trial or not, with proper opportunity to ... So when there is no dispute that all those four persons named above met homicidal death which ....
2016 0 Supreme(Ori) 1089 • India - Orissa
VINOD PRASAD, K.R.MOHAPATRA
impugned judgment and order both are unsustainable - A/3 acquitted of all the framed charges. ... of A/1 and A/2 u/s. 201/34 is in fallible and sustainable - Conviction u/s.302, IPC and sentence of life imprisonment, both are ... s. 302/34, IPC is set aside, they are convicted of offence u/s. 304 (II), IPC - Directions issued. ... For A3,Shri Deves Panda, learned Counsel contended that she was charged with a palliative offence with the aid of Section#HL_END....
2019 0 Supreme(Gau) 678 • India - Gauhati
MIR ALFAZ ALI, S.HUKATO SWU
300 IPC so as to record a conviction under Section 302 IPC – Therefore, in our considered opinion, accused persons have committed ... Case convicting accused/appellants under Section 302/34 IPC, 1860 and sentenced them to undergo rigorous imprisonment for life and ... culpable homicide not amounting to murder punishable under Section 304 (I) IPC – Ordered Accordingly ... Therefore, in our considered opinion, the a....
2025 0 Supreme(HP) 381 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
... ... Findings of Court: ... The trial court's conviction under Section 332 IPC was upheld, while the conviction under Section 353 ... Section 353 IPC set aside due to lack of charge - Testimonies corroborated by medical evidence and eyewitnesses - Prosecution case ... ... ... Result: The appeal was partly allowed; the conviction under Section 353 IPC was set aside, while the convic....
2017 0 Supreme(MP) 809 • India - Madhya Pradesh
ANAND PATHAK, G.S.AHLUWALIA
of offence by burning dead body -- judgment and sentence affirmed. ... absconded after incident -- blood stained baniyan and underwear recovered from body of appellant -- cumulative effect of circumstances proved ... C., 1973 -- S.161 -- to take advantage of omission in previous statement, attention of witness has to be drawn to it, giving opportunity ... JUDGMENT ... Ahluwalia, J. -- 1. This Criminal Appeal under section 374 of CrPC has been filed against the judgment#HL_EN....
2023 3 Supreme 105 • India - Supreme Court
SUDHANSHU DHULIA, J. B. PARDIWALA
of 2001, by convicting both the appellants herein for offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 ... (Para 30) (D) Indian Evidence Act, 1872 – Section 106 – Burden of Proof – Initial burden to establish case ... (Para 49) (F) Indian Evidence Act, 1872 – Section 18 – Admission – Suggestion made by defence counsel to a ... In the alternative, he prayed that the conviction may be altered from one under Sectio....
2022 0 Supreme(Mad) 15 • India - Madras
P.N.PRAKASH, R.HEMALATHA
Hence, conviction under Section 302 IPC by trial judge is liable to be set aside and appellant is convicted under Section 304 Part ... 307, 302 - Indian Evidence Act, 1872 - Section 32, 32(1), 157 and 145 – Punishment of Murder – Attempt of murder - Case of prosecution ... I IPC and sentenced to undergo 10 years rigorous imprisonment without remission benefits and to pay a fine of Rs.1,000/- in default ... Hence, the convi....
• India - Crimes
J.B.PARDIWALA, A.C.RAO
and order of conviction and sentence susceptible to complaint that same is illegal and deserves to be quashed and set aside – Judgment ... and order of conviction and death sentence set aside – Case remitted to Sessions Court for fresh trial from stage of framing of ... – To earn an exemption under Section 84 of Indian Penal Code, accused has to prove insanity at the time of commission of offending ... The appellant, being dissatisfied with the #HL_S....
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