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There was no reason for the sole eye witness -Anil (PW-21) to implicate anybody falsely | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Merely because he has been some time in the company of the police at the police station his testimony cannot be discarded as untrue | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The incident occurred within the four walls of the house of the accused -Shashi Tripathi and the only witness was the boy -Anil | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW-21).His statement that the accused Chandra Prakash attacked the deceased is corroborated by the recovery of knife from Chandra Prakash | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It must be remembered that the boy comes from a rural back ground and was 13 years of age when the incident occurred | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His presence in the house is entirely natural and we have no reason to discard his testimony | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned counsel for the appellants forcefully attacked the conviction of the other accused viz | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mahesh,Chandra Prakash and Devendra Kumar,who admittedly were not known to the child witness Anil Kumar | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was submitted that the test identification parade were delayed and the identification of these accused by the witness in Court was not reliable | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is not possible for us to accept this contention | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mahesh and Chandra Prakash were arrested on 29.11.2003,their identification parade was conducted on 13.12.2003 -(within a fortnight or so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused Devendra Kumar was arrested on 22.12.2003 and his identification parade was conducted on 26.12.2003-(within four days).There is no evidence on record to show that the child witness had an opportunity to see and study the features of the accused between their arrest and test identification parade to enable a tutored identification | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In any case,the period between the arrest and the identification parade was not large enough to constitute inordinate delay | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned counsel for the appellants relied upon the Judgment of this Court in Budhsen and Anr | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of U.P.(1970) 2 SCC 128 1970 Indlaw SC 136 where this Court made the following observations:- "7.Now,facts which establish the identity of an accused person are relevant u/s.9 of the Indian Evidence Act | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As a general rule,the substantive evidence of a witness is a statement made in court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The evidence of mere identification of the accused person at the trial for the first time is from its very nature inherently of a weak character | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The evidence in order to carry conviction should ordinarily clarify as to how and under what circumstances he came to pick out the particular accused person and the details of the part which the accused played in the crime in question with reasonable particularity | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The purpose of a prior test identification,therefore,seems to be to test and strengthen the trustworthiness of that evidence | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is accordingly considered a safe rule of prudence to generally look for corroboration of the sworn testimony of witnesses in court as to the identity of the accused who are strangers to them,in the form of earlier identification proceeding | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There may,however,be exceptions to this general rule,when for example,the court is impressed by a particular witness,on whose testimony it can safely rely,without such or other corroboration | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The identification parades belong to the investigation stage | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They are generally held during the course of investigation with the primary object of enabling the witnesses to identify persons concerned in the offence,who were not previously known to them | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This serves to satisfy the investigating officers of the bona fides of the prosecution witnesses and also to furnish evidence to corroborate their testimony in court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Identification proceedings in their legal effect amount simply to this: that certain persons are brought to jail or some other place and make statements either express or implied that certain individuals whom they point out are persons whom they recognise as having been concerned in the crime | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They do not constitute substantive evidence | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These parades are of the essentially governed by Section 162,Criminal Procedure Code | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is for this reason that the identification parades in this case seem to have been held under the supervision of a Magistrate | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Keeping in view the purpose of identification parades the Magistrates holding them are expected to take all possible precautions to eliminate any suspicion of unfairness and to reduce the chance of testimonial error | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They must,therefore,take intelligent interest in the proceedings,bearing in mind two considerations: (i) that the life and liberty of an accused may depend on their vigilance and caution and (ii) that justice should be done in the identification | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Those proceeding should not make it impossible for the identifiers who,after all,have,as a rule,only fleeting glimpses of the person they are supposed to identify | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Generally speaking,the Magistrate must make a note of every objection raised by an accused at the time of identification and the steps taken by them to ensure fairness to the accused,so that the court which is to judge the value of the identification evidence may take them into consideration in the appreciation of that evidence | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power to identify,it may be kept in view,varies according to the power of observation and memory of the person identifying and each case depends on its own facts,but there are two factors which seem to be of basic importance in the evaluation of identification | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The persons required to identify an accused should have had no opportunity of seeing him after the commission of the crime and before identification and secondly that no mistakes are made by them or the mistakes made are negligible | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The identification to be of value should also be held without much delay | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The number of persons mixed up with the accused should be reasonably large and their bearing and general appearance not glaringly dissimilar | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The evidence as to identification deserves,therefore,to be subjected to a close and careful scrutiny by the Court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The observations of this Court undoubtedly lay down the correct law and we have no reason to doubt them | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We,however,do not see how the observations help the appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case,the child witness has been found to be reliable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His presence is not doubted,since he resided with the family for whom he worked | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had no axe to grind against any of the accused | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He became the unfortunate witness of a gruesome murder and fearlessly identified the accused in Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In his deposition he specified the details of the part which the accused played with reasonable particularity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In such a situation,it is considered a safe rule of prudence to generally look for corroboration of the sworn testimony of witness in Court as to the identity of the accused who are strangers to them,in the form of earlier identification proceeding,as observed by this Court in Budhsen's case 1970 Indlaw SC 136 (supra | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court has not laid down the requirement in general that all identification parades must be under the supervision of a Magistrate as in Budhsen's case 1970 Indlaw SC 136 (supra).The learned counsel for the appellants also relied upon the Judgments of this Court in Subash and Shiv Kumar Vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of U.P.(1987) 3 SCC 331 1987 Indlaw SC 28887,and Mohd | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Hafeez Vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Andhra Pradesh AIR 1983 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
SC 367 1982 Indlaw SC 63.The facts and circumstances of the cases are however different and it is not necessary to consider those cases in detail while dealing with the present case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Suffice it to say that those cases do not create any doubt as regards the conviction in this case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P.C.Agrawala,learned senior counsel for the appellant Mahesh (accused no.3),vehemently submitted that this accused ought not to have been convicted u/s.302 with the aid of Ss.34 and 120 (B) of IPC.In particular it was submitted that the role attributed to the accused was that he merely stood outside the house | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He did not even act as a guard because when the witness Anil Kumar (PW-21) came to the house,he was not even stopped by the accused from entering the house | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned counsel for Mahesh (accused no.3) relied on several decisions of this Court in Suresh Sakharam Nangare Vs | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Maharashtra (2012) 9 SCC 249 2012 Indlaw SC 304,Jai Bhagwan Vs | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Haryana AIR 1999 SC 1083 1999 Indlaw SC 391 and Ramashish Yadav Vs | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Bihar (1999) 8 SCC 555 1999 Indlaw SC 693 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is settled law that common intention and conspiracy are matters of inference and if while drawing an inference any benefit of doubt creeps in,it must go to the accused vide Baliya Vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of M.P.(2012 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
9 SCC 696 2012 Indlaw SC 343 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On a careful conspectus of the facts and the law,we are of the view that the prosecution has failed to prove the guilt of Mahesh beyond reasonable doubt | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no evidence of his having played any part in the crime | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He was merely seen by the witness as standing outside the house when the witness came home | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mahesh did not even act as a guard; he did not prevent Anil Kumar (PW-21) from entering the house | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no evidence of the formation or sharing of any common intention with the other accused | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no reference to a third person in the FIR; no evidence that he came with the other accused or left with them | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No weapon was seized from him,nor was any property connected with the crime,seized | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Having regard to the role attributed to him and the absence of incriminating factors we find that it is not safe to convict Mahesh of the offence of murder with the aid of Ss.34 and 120(B | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We therefore,hold that the accused Mahesh (accused no.3) in Criminal Appeal No.867 of 2013 is innocent and the conviction against him is set aside | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His bail bonds stand cancelled and sureties are discharged | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In view of the above,Criminal Appeal No.867 of 2013 is allowed and Criminal Appeal Nos.822 of 2012,589 of 2014 and Criminal Appeal arising out of SLP (Criminal) No.3737 of 2014 are dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeals disposed of | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Yakshagana' is a form of ballet dance | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It has its own heritage | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indisputably,Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Kota Shivarama Karanth (for short,"Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth"),a Jnanapeeth awardee,who was a Novelist,Play Writer,Essayist,Encyclopediationist,Cultural Anthropologist,Artist,Writer of Science,Environmentalist | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He developed a new form of 'Yakshagana'.He was a Director of the appellant -institute | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about 18.6.1994,he executed a Will in favour of the respondent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth expired on 9.12.1997.Yakshagana Ballet dance as developed by Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth was performed in New Delhi on or about 18.9.2001.Respondent filed a suit for declaration,injunction and damages alleging violation of the copyright in respect of the said dance vested in her in terms of the said Will stating that Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth developed a new distinctive dance,drama troop or theatrical system which was named by him as 'Yaksha Ranga' which in his own words mean "creative extension of traditional Yakshagana" and,thus,the appellants infringed the copyright thereof by performing the same at New Delhi without obtaining her prior permission | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was stated that Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth had composed seven verses or prasangas for staging Yaksharanga Ballet apart from bringing in changes in the traditional form thereof on its relevant aspects,namely,Raga,Tala,Scenic arrangement,Costumes etc | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These prasangas are: (i) Bhishma Vijaya; (ii) Nala Damayanthi; (iii) Kanakangi or Kanakangi Kalyana; (iv) Abhimanyu or Abhimanyu Vada; (v) Chitrangadha or Babruvahana Kalaga; (vi) Panchavati; and (vii | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ganga Charitha | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Plaintiff -respondent admittedly claimed copyright in respect of 'literary and artistic works' in her favour in terms of clauses 11 and 12 of the said Will dated 18.6.1994,which read as under: "11 Since I left the house 'suhasa' I have been living in a specially built house "Manasa" of Smt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Malini Mallya,who has built it with borrowed money at her cost | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She had joined my service as Copyist and later,she secured an employment in Life Insurance Corporation of India | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ever since 1974 till now in my old age she has been serving me with exemplary devotion and sincerity | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And in this occasion I must also acknowledge with gratitude that she diligently cared and nursed my wife Leela Karanth during her prolonged illness till her last day | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And she has cared and looked after me also during my illness which at times had been quite serious,enfeebling me for long period | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In recognition of her devotion and sincere affection towards me in 1986 I have dedicated one of my novels namely,"Antida Aparanji" to her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I have also placed on record her invaluable services to me in my Memoirs,"Hunchu Mansina Hathu Mukhagalu" 1991 Edition | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In my opinion,very long enduring and a signal service she has done to me and to my literary works is,in writing a bibliography of all my books-a highly meritorious and scholarly work involving so much of pains taking research,that it has been acclaimed and rated as the first of its kind in Kannada and highly appreciated by Critics and Scholars | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Apart from this,she has collected and edited all my stray writings from 1924 onwards up to date in eight Sumptuous volumes which are being published by Mangalore University | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This work also has brought her deserving fame and appreciation of Scholars | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |