Thorat Pressed Bail - Several cases involve allegations of pressing or throttling the victim's throat, often linked to motives such as land disputes or personal conflicts. Witness statements describe accused persons sitting on or pressing the victim's throat, leading to injuries or death. For example, in one case, Achhayraj (PW1) testified that the appellant Manraj sat on the deceased's chest, causing constriction Man Raj VS State of Uttar Pradesh - Crimes. Similarly, multiple cases mention accused pressing the victim's face and throat, either intentionally or during quarrels, with medical evidence supporting such injuries Munna Lal VS State - Allahabad, Surendra Pratap Chauhan VS Ram Nail - Crimes, Surendra Pratap Chauhan VS Ram Naik - Supreme Court.
Evidence and Credibility - The reliability of evidence, such as extrajudicial confessions, is often questioned due to inconsistencies. For instance, in one case, the extrajudicial confession was rejected because of witness testimony discrepancies Pushpa Ramachandra Gore VS State of Maharashtra - Bombay. Victim testimonies regarding pressing or throttling are generally considered clear and consistent, supported by medical reports and physical evidence Prabhu @ Prabhakar VS State Of Maharashtra - Bombay, Haroon Mahatab Jamadar and others VS State of Maharashtra - Bombay.
Legal Proceedings and Bail - Several cases involve bail applications for accused persons charged with pressing or throttling. Courts consider factors like the evidence's strength, the accused's age, and the circumstances. Some accused, such as Dadarao Thorat, were granted bail based on the trial's outcome and evidence assessment DADARAO SHRIPAT THORAT AND ANOTHER vs THE STATE OF MAHARASHTRA - Bombay, while others, like Sarju Prasad, had bail bonds canceled due to the seriousness of the offense STATE OF UTTAR PRADESH VS SARJU PRASAD - Allahabad.
Motive and Context - Motives such as land disputes, personal quarrels, or illicit relationships often underpin these cases. The physical acts of pressing or throttling are sometimes described as attempts to scare or during altercations, with the possibility of accidental death or intentional murder being considered Surendra Pratap Chauhan VS Ram Nail - Crimes, Surendra Pratap Chauhan VS Ram Naik - Supreme Court.
Analysis and Conclusion:
The cases collectively highlight that pressing or throttling the victim's throat is a common modus operandi in alleged murders and assaults, with varying degrees of intent and evidence. Courts scrutinize witness testimony, medical reports, and confessions to determine guilt and decide on bail. The consistency of victim statements and medical findings often support the charges, but the reliability of confessions can be contested. Bail is granted or denied based on the evidence's strength, the accused's circumstances, and the nature of the offense.
References:
- Man Raj VS State of Uttar Pradesh - Crimes
- Munna Lal VS State - Allahabad
- Pushpa Ramachandra Gore VS State of Maharashtra - Bombay
- Surendra Pratap Chauhan VS Ram Nail - Crimes
- DADARAO SHRIPAT THORAT AND ANOTHER vs THE STATE OF MAHARASHTRA - Bombay
- Surendra Pratap Chauhan VS Ram Naik - Supreme Court
- Prabhu @ Prabhakar VS State Of Maharashtra - Bombay
- Haroon Mahatab Jamadar and others VS State of Maharashtra - Bombay
- STATE OF UTTAR PRADESH VS SARJU PRASAD - Allahabad
the present case, there is also statement of P.W. 1 Achhayraj that appellant Manraj had sat on the chest of the deceased and then pressed ... found on either side of the throat. ... It is called throttling when constriction is produced by the pressure of the fingers and palms upon the throat. ... He has, however, not stated on being pressed with hands such injuries could be caused. 9. ... On 13.8.1977, Balram had gone to Shahganj district Jaunpur and on his way back from the market when he reached near a pond in the Siw....
Sections 302 – Criminal Procedure Code,1973 - Section 161 and 313 – Offence of murder – Examination of accused - Accused-appellant pressed ... face and throat of deceased due to which she fainted and ultimately died, there was quarrel between them in the evening accused-appellant ... Both the stands cannot be pressed concurrently. Either he pressed the face and throat of the deceased with an intent to scare her and accidentally she died or else he has not committed the offence as he was outside the room....
Whether the extrajudicial confession made by the appellant to Dhanraj Thorat was reliable and admissible. ... Fact of the Case: The appellant, Pushpa, had an illicit relationship with Dhanraj Thorat, which led to the birth of ... established, but rejected the evidence of extrajudicial confession due to inconsistencies in the testimony of the witness, Dhanraj Thorat ... ... About 3 years prior to the incident the appellant delivered a third child Sonu, alleged to have been the offspring from the appellant's illicit relationship with Dh....
Indian Penal Code, 1860—Section 302/34—Murder—Appeal against acquittal—Three accused persons allegedly pressed deceased on the cot ... while he was sleeping and one accused rasped his throat by gandasa —Land dispute alleged to be motive for crime—Medical evidence ... According to him the accused Ram Naik was also keeping pressed with his foot one hand of the deceased. The accused Kanta had caught hold of the face of the deceased and was keeping it pressed. ... The three, expecting Ram Naik, had caught hold of Komal Ram ....
As such, the present injuries sustained by Digambar, who was assaulted by applicant no.1 CRIMINAL APPLICATION NO.5086 OF 2015 In the event of arrest of the applicants No.2 to 8, namely, (2) applicants does not press the present application for and on behalf of applicant no.1 Rajebhau s/o Tukaram Thorat
Section 302/34-Murder-Appeal against acquittal-Three accused persons allegedly pressed ... deceased on the cot while he was sleeping and one accused rasped his throat by gandasa -Land dispute alleged to be motive for crime-Medical ... According to him the accused Ram Naik was also keeping pressed with his foot one hand of the deceased. The accused Kanta had caught hold of the face of the deceased and was keeping it pressed. ... The three, expecting Ram Naik, had caught hold of Komal Ram keeping him pressed#HL_E....
towards her house, at that time accused came inside her field and without uttering anything caught hold her, removed her clothes, pressed ... consonance with recitals made in oral report (Exh.14), but from witness box she has specifically stated that accused caught her neck and pressed ... her throat - Evidence is very clear and is far from exaggeration - Chemical Analysers report is always a piece of evidence which ... The evidence of victim shows that not only it is in consonance with the recitals made in the oral report (Exh.14), but f....
The bail application is not pressed for Dadarao, applicant No.1- CRIMINAL APPEAL NO. 221 OF 2014 Dadarao Shripat Thorat ... They were on bail through out the trial of Sessions Case No.82 of 2008, decided on 20th The applicant nos. 2 and 3 be released on same bail with fresh PR Considering the quality of evidence, and age of the applicant Nos., 2 and 3, they deserve to be released on bail
; pressed her throat; appellants Mahatab and Sharifa were catching hold of her upper arms; appellant-Ismail was sitting on her thighs; and the appellants Ibrahim and Nehru were sitting on her knees. ... No other point was pressed by Mr. Mane. ... 13. In the result :- ... (A) Criminal Appeal No. 601 of 1995 is partly allowed. ... A cloth was stuffed in her mouth and the appellant-Haroon had closed her mouth and had kept his hand on her throat. He was pressing her throat. ... ... Criminal Application No....
If the neck is pressed with the part of the hands between the thumb and the first finger, the thumb-impression may not result. ... This fact will exclude the possibility of her neck having been pressed with both hands and the manner stated above by the witnesses. . . . . . . . . . ... The accused Sarju Prasad is on bail. His bail bonds are cancelled. He shall surrender and shall be taken into custody to undergo the imprisonment herein awarded. Appeal partly allowed. ... ... . ... ... He has stated further that if the ....
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