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Supreme Court & High Courts Judgments
Prosecution Document--If the genuineness of any document filed by a party is not disputed by the opposite party it can be read as substantive evidence under Section 294(3)CrPC..
Supreme Court
Modification of Charge--Previous enmity between the parties--Weapons used are axe and sticks, which are commonly used by the agriculturists--No premeditation--No undue advantage taken--Charg..
Admissibility of--CCTV footage is one of the circumstances in the chain of circumstances relied upon by the prosecution.Even if one of the circumstances forming part of the chain is not prov..
Only back of Accused was seen--Witness has not come face to face with the Appellant--Witness acknowledges that he assumed it was appellant--Acquittal
High Court without deciding upon merits granted bail with condition that accused shall be released after six months--Order set aside..
Undertrial Detention of more than 1/3rd of the maximum period--S.479(1) BNSS, 2023 will apply--Bail granted..
Arrest of Accused--Petition would still be decided on merits..
Test to be applied is not any omission in the accusations but the essence of the accusations contained therein..
Question of Sentence--Judicial Officer who passed judgment of conviction was transferred before hearing on sentence--Successor Officer has to hear only on question of sentence and was not ob..
Allegations do not indicate that the documents were forged when the matter was sub-judice before the Court--Thus, the bar under Section 195(1)(b)(ii) CrPC is not attracted--FIR quashed..
Appellant should reside their till conclusion of trial at the place of trial--Condition set aside being onerous ..
Before or After Cross Examination of Witness--Discretion lies with the Trial Court..
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