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Leave granted in SLP (Crl | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No.3737/2014 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These appeals are preferred by four accused against the common Judgment of the High Court of Chhattisgarh at Bilaspur,confirming the Judgment of the Additional Sessions Judge,Bemetara,District Durg,convicting the appellants u/s.302 read with Ss.34 and 120B of the Indian Penal Code [hereinafter referred to as "IPC"] and sentencing each of them to undergo imprisonment for life with a fine of Rs.1,000/-,and in default,to undergo additional rigorous imprisonment for three months | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These appeals have been taken up for disposal together since they arise from a common judgment of the High Court deciding the appeals of the accused | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant -Raju | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Devendra Choubey (accused no.4) has filed Criminal Appeal No.822 of 2012.The appellant -Mahesh (accused no.3) has filed Criminal Appeal No.867 of 2013.The appellant -Beenu | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chandra Prakash (accused no.2) has filed Criminal Appeal No.589 of 2014.The appellant -Smt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shashi Tripathi (accused no.1) has filed Criminal Appeal arising out of Special Leave Petition (Criminal) No.3737 of 2014 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW-1 -Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sharda Prasad Tripathi is the husband of accused Shashi Tripathi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On 25.11.2003,when PW-1 -Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sharda Prasad Tripathi came home from his clinic,found that his daughter-in-law Bhavna Tripathi has been murdered | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He lodged a First Information Report (F.I.R.) on 25.11.2003 at about 20:45 hours | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The crime was registered | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He deposed in court that on 25.11.2003,when he returned home,he found servant Anil Kumar (PW-21) was weeping | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
When he went inside,he found his daughter-in-law -Bhavna and wife -Shashi lying in the courtyard | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bhavna was dead | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shashi was unconscious | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There were numerous injuries,including incised wounds on Bhavna,none on Shashi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After registration of the crime,inquest was conducted over the dead body of Bhavna on 26.11.2003.Post mortem was conducted by Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Naresh Tiwari and Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
M.Deodhar,who gave their report which is marked as Exhibit P/18.Spot map was prepared by the Inquiry Officer (IO); bloodstained cloth of accused Shashi Tripathi was taken into possession along with broken bangles; bloodstained cement mortar and plain cement mortar were also taken into possession | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shashi Tripathi,Mahesh and Binu | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chandra Prakash were arrested on 29.11.2003.A bloodstained knife was taken into possession | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused Raju | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Devendra Choubey was taken into custody on 22.12.2003 and a Suzuki motorcycle was also taken into possession | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A test identification was conducted by the Executive Magistrate in the Sub Jail,Bemetara on 13.12.2003.A similar identification parade of Raju | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Devendra Choubey was conducted on 26.12.2003 after his arrest | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A sealed packet containing hair found in the grip of the deceased and another sealed packet containing bloodstained cloth of the deceased were taken into possession vide Exhibit P/35 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After committal,the Trial Court framed charges u/s.302 read with Ss.34 and 120B of the IPC.The prosecution examined 32 witnesses | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No defence witness was examined after the statements of the accused were recorded u/s.313 of the Criminal Procedure Code,1973 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to the prosecution the accused Shashi Tripathi is the step mother-in-law of deceased Bhavna Tripathi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bhavna was married to her step son -Jitendra Kumar in July,2003.Shashi Tripathi used to be annoyed with Bhavna Tripathi on account of some domestic dispute | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She engaged the other accused for murdering Bhavna | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bhavna was murdered on 25.11.2003 at about 18:30 hours in the house where she resided with Shashi Tripathi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no dispute that Bhavna's death is homicidal | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
M.Deodhar,who conducted the postmortem,opined that cause of her death was neurogenic and hemorrhagic shock | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The injuries found on person of the deceased were as follows: "External Injuries: (1) incised wound on left scapular region of size 3 cm x 1 cm; (2) incised wound on left scapular region of size 4 cm x 1 = cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x 1 = cm; (3 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
one incised wound on left auxiliary region on the posterior auxiliary region of size 3 cm x 2 cm x 3 cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
4) incised wound on lower costal region left of size | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3 = cm x | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2 cm x 1 cm; (5) incised wound on lower costal region right side on right epigestic region of size 3 = cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x 3 cm with punctured wound; (6) incised wound over right costal region of size 3 cm x 2 cm x 1 cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
7) incised wound on right supra mammary region near middle of size 4 cm x 1 cm x | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 = cm; (8) incised wound on right supra mammary region lateral aspect of size 3 cm x 1 = cm x 1 = cm; (9) incised wound on radial aspect of left forearm near wrist joint of size 2 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
cm x | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
cm x = cm; (10) incised wound on forearm left hand radial side dorsal aspect on lower 2/3rd region; (11) incised wound on left forearm middle l/3rd region,radial side and posterior aspect of size 2 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x 1= cm x 1 cm; (12) incised wound on left hand dorsal aspect on 2 nd and 3rd metacarpal region of size 2= cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x = cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1= cm; (13) incised wound on ulna region of left hand on lower 1/3rd region of size 1 cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x = cm x | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 cm; and (14) incised wound over left side of neck,on anterior triangle of size 2 cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x 1 = cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Internal injuries: Brain membrane pale; lungs,trachea pale,punctured wound on right and left lungs of size 2 cm x 1 cm,2 = cm and 1 cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
x 3 cm; lobe was cut and there was 3 cm punctured wound | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Incised wound was also present on the right lobe of size 3 cm x 1/3 cm x 3= cm | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Liver,kidney and spleen were pale | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The deceased was carrying fetus of two months | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The sole eyewitness was a boy of 13 years of age -Anil Kumar (PW-21),who worked as a servant with the family | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shashi Tripathi had brought him home from Bilaspur | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He participated in the identification parade,which was held in Sub Jail,Bemetara,and identified the accused persons in the court by touching them | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have carefully examined the manner in which the identification parade was conducted and the manner in which the boy -Anil Kumar (PW-21) identified the accused in Court and we have no reason to doubt the identification of the accused,which assumes importance in this case since the boy did not know the accused before the incident | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is Anil Kumar (PW -21),who first informed the head of the family Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sharda Prasad Tripathi (PW-1),the complainant,about the incident,when he came home after closing his clinic | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He deposed before the Court that Shashi Didi (accused) brought him to village -Jevra from Bilaspur | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He lived in the house of Shashi Didi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He ate his food there and studied in a school | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He deposed that Doctor Sahab is her husband and Shivendra and Jitendra are her sons | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jitendra is her step-son and the deceased Bhavna is the wife of Jitendra | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She resided with Shashi Didi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jitendra is a doctor,resided and practiced at Khamaria,whereas his wife resided at Jevra | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His brother -Shivendra studies at Calcutta | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He referred to Bhavna as Bhabhi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He stated that Shashi Didi and Bhavna sometimes used to quarrel | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
About the assault,he deposed that Devendra caught Bhavna and Chandra Prakash attacked her with knife 3 to 4 times and she fell down | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The incident occurred in the courtyard and Shashi Didi was present in the passage | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mahesh,the fourth accused,was standing outside the house | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After the assault,Chandra Prakash went to the TV room where Shashi Didi had kept some money in a rubber band on the table | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused -Chandra Prakash had threatened him not to disclose anything about the incident to anyone | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter all the three accused fled from there | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He further deposed that Shashi Didi took him upstairs to the terrace and asked him not to disclose the truth to anyone but to say that thieves came into the house and committed the crime | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shashi Didi thereafter started shouting | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Then she lay down on the courtyard near Bhavna Bhabhi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This deposition clearly implicates accused Nos.1,2 and 4.The picture that emerges is that Shashi Tripathi caused Bhavna to be killed and for this purpose engaged Chandra Prakash (accused No.2) and Raju | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Devendra Choubey (accused No.4) by paying them money | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She also seems to have had a scuffle with Bhavna,which is apparent from the fact that her hair was found in the grip of the deceased during investigation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is obvious that accused nos.2 and 4 did not enter the house to commit a robbery and had a single mission,namely,to kill Bhavana | 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 that they had any previous animosity with the deceased and appeared to have acted as contract killers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution has found it difficult to pinpoint the motive but Shashi Tripathi's husband Dr | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sharda Prasad Tripathi (PW-1) deposed before the Court that she tried to create a hindrance in the marriage of his son Jitendra since she wanted her daughter Abhilasha to marry him; however,he went ahead with the marriage of Jitendra to Bhavna,whereupon Shashi Tripathi remained silent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The credibility of the evidence of Anil Kumar (PW-21) was attacked by the learned counsel for the appellants,who submitted that the boy is a tutored witness,who has been influenced by the police with whom he spent a lot of time | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In fact,he even came to the Court in the company of a police constable after being served summons at Allahabad | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned counsel submitted that the evidence of a child witness must be carefully scrutinized before acceptance since a child can be easy prey for tutoring and the court must insist on corroboration from other evidence | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On a careful perusal of the deposition of this child witness,we have not found any reason why he would have lied | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He was brought to the house by Shashi Tripathi (accused),who apparently took care of him and sent to school and gave him food and residence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had no grouse against her neither any ulterior motive in identifying the accused,who were not acquainted to him | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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