Sentence
stringlengths
1
1.99k
Label
stringclasses
7 values
instruction
stringclasses
1 value
At the trial,the prosecution alleged that the accused party with an intent to commit terror in the Wadar community had committed the murder of Popat and injured PW-9 and PW-14,by using lethal weapons and had thereby committed terror in the Wadar community and,thus,committed an offence under Section 3 of TADA,besides the other offences as already noticed
Argument
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Baloba (A-1) died during the pendency of the trial and therefore,the proceedings against him abated
Argument
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The plea of the remaining accused in their statements under Section 313 Cr
Argument
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
P.C.was one of total denial and false implication
Argument
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
According to A-2,A-3,A-5,A-6 and A-7 they had been identified by PW-9,during the identification parade,at the instance of the police.A-4 alleged false implication at the instance of PW-15 Waman while A-8 alleged false implication at the hands of the police with a view to pressurise him to withdraw a complaint concerning the murder of his brother and 5 others allegedly committed by the police.A-9 also put forward a similar defence,while A-10 alleged that the police had instituted a false case against him at the instance of Narayan Dhotare,according to A-11,also the witnesses had deposed falsely against him at the instance of Narayan Dhotare
Argument
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The learned Judge of the Designated Court acquitted A-2,A-3,A-4,A-6,A-7 and A-12 of the offences charged against them,apparently influenced by the lack of identification of these accused persons by the prosecution witnesses at the identification parade conducted by the Executive Magistrate
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The appellants,however,were convicted and sentenced in the manner as already noticed
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
We have heard learned counsel for the parties and perused the record
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
That the incident arose out of a petty altercation between A-11 and his three companions with PW-10 and his three companions at the video parlour and later on led in the homicidal death of Popat Band Patte on 11 August 1990 and injuries to PW9 and PW14 was neither disputed before the learned Designated Court nor before us
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
From the post-mortem report prepared by Dr
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
A.P.Khiste
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW-22),we find that the deceased had four incised injuries which had caused extensive damage to his internal organs also
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
According to PW-22,the internal injuries on the deceased were a result of the following external injuries: (1) Incised wound,transverse on left groin at centre medial to left public symphysis and left superior iliac crest,all muscles,vessels cut,both femoral vessels,vein artery cut,dimension 4 x 2 x 5 cms
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Transverse incised wound on right parital region,bone deep,4 x 2 x 1 cms.,6
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
cms.above right ear,fracture of right parietal bone with laceration of brain
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
3) Verticle incised wound 5 x 1 x 1 cms.,bone deep at centre of vertex,fracture of skull with laceration of brain
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW 22 opined that these injuries,individually as well as collectively,were sufficient in the ordinary course of nature to cause death
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW-9 was examined by Dr
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Khiste PW-22 who noticed the following two injuries on his person: (1) Transverse superficial incised wound 10x1/2 cm.on posterior of left knee in popliteal
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Edges were clean out
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
2) Abraded contusion below right knee and front of right leg,5 x 5 cm
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW-14 Bajrang was also medically examined and the following injuries were found on him :- (1
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Transverse Lacerated would on occipital region,3 x 1 cm.,bone deep
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Injury was bleeding fresh
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
2) Multiple abraded contusion all over the back
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The defence plea of total denial and false implication has been rightly rejected by the Designated Court in view of the over-whelming,cogent and reliable prosecution evidence
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The trial court for the purposes of consideration of the evidence divided the prosecution case into three parts namely; (i) the incident at Vrindavan video parlour (ii) incident near Jagdamba hotel and (iii) the incident at the Math
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
So far as the first incident is concerned,that merely provided the motive for the assault near the Jagdamba hotel and the Math
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The evidence regarding the first incident was given by PW10,PW11 and PW12.These witnesses deposed that while they were watching a movie at the video parlour,A-11,A-6 and A-10 alongwith one other person had occupied the seats in the row behind them and when the leg of A-11 dashed against the leg of PW10,who told him to keep his leg properly,A-11 started abusing him in filthy language and threatened him that he would "deal" with him
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In view of the altercation,the complainants left the video parlour and went towards Jagdamba hotel
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Some of the prosecution witnesses including the deceased,PW9 and PW14 were already standing near the Jagdamba hotel
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW10 narrated the incident of the video parlour to those persons and in the meantime the accused party arrived there in a jeep and two auto-rickshaws and started assaulting the complainant party
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
However,according to the prosecution evidence itself,during the assault,none out of the four prosecution witnesses with whom the altercation had taken place at the video parlour was injured
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Near the Jagdamba Hotel it was Bajrang PW-14 who received the injuries at the hands of the accused
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Some of the other witnesses including Popat deceased and Baban PW-9 fled towards the Math to save themselves
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The evidence of PW10,PW-11 and PW-12 has received ample corroboration from the testimony of PW-9,PW-13,PW-14 and PW-15,who deposed that while the witnesses were narrating the incident of the video parlour to Waman Band Patte PW-15 and other witnesses present there the accused party arrived in a Jeep and two auto-rickshaws variously armed and opened an attack on the complainant party with a view to teach them a lesson for the altercation which had taken place earlier at the video parlour
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
We do not find any force in the submission of the learned counsel for the appellant that since Mohan Lal PW-19,who runs the video parlour has not fully supported the prosecution version regarding the cause of altercation at the video parlour,the genesis of the occurrence gets shrouded in doubt
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW-19 was declared hostile by the prosecution and was cross examined by the Addl
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Public Prosecutor
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
We find from a careful analysis of the evidence that the testimony of PW9 to PW-15 regarding the incident at the video parlour is cogent and trustworthy and nothing has been brought out during the cross-examination of these witnesses which may cast any doubt about the correctness of the version given by them regarding the incident at the video parlour
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Even from the evidence of the hostile witness PW-19 Mohanlal,it emerges that on the day of the incident there was an altercation at the video parlour,though he has given the cause of the altercation to be somewhat different,which explanation does not appeal to us
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Even if for the sake of argument we were to ignore the evidence of PW19,it would not materially affect the prosecution case in so faras the incident at the video parlour is concerned
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
We are in agreement with the Designated Court that there is ample evidence led by the prosecution to establish the incident at the video parlour and also that the said incident was the origin for the subsequent assault
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
To connect the accused with the incidents near the Jagdamba hotel and the Math,the prosecution has examined PW3,PW4,PW9,PW10,PW11,PW12,PW13 and PW14 besides PW7,PW20 and PW21.The last three witnesses,however,turned hostile at the trial and were cross-examined by the Addl
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Public Prosecutor with the permission of the court
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Out of the remaining witnesses mentioned above,PW-9
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
and PW-14 are the injured witnesses
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
These are thus the stamped witnesses whose presence admits of no doubt and being themselves the victims they would not leave out the real assailants and substitute them with innocent persons
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
PW-15 Waman Band Patte who is the owner of the Jagdamba hotel has lent sufficient corroboration to the testimony of the other prosecution witnesses in general and PW9 and PW14 in particular
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
From the testimony of PW9,it stands established that while Mukesh PW-12 was narrating the incident which had taken place at the video parlour,the appellants alongwith 7/8 other persons arrived in a jeep and two auto-rickshaws armed with swords,satturs and sticks and opened the assault on the prosecution witnesses and that A-11 and his two associates assaulted PW-14 with swords
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
His testimony receives ample corroboration from the testimony of PW10,PW11,PW14 and PW15 Waman,the proprietor of Jagdamba Hotel besides the medical evidence
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
These witnesses categorically deposed that A-5,A-10 and A-11 were responsible for causing injuries to Bajrang PW-14
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
These witnesses knew the accused from before by their names and had also identified them later when called upon to do so
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
They specifically described the roles played by A-5,A-10 and A-11.PW-10,PW-11,PW-12,PW-13,PW-14 and PW-15 also spoke about the presence of A-1,A-8 and A-9 with their respective weapons alongwith A-5,A-10 and A-11 near the Jagdamba Hotel at the time of assault on PW-14
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
An identification parade had been held by Shri Shrikant Chimanaji Jahagirdar (PW-32),Executive Magistrate
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
At the identification parade,A-5 was identified by PW-9,PW10,PW-11,PW-14 and PW-15; A-10 by PWs 10 to 15; A-11 by PW 3 and PWs 9 to 15; A-1 by PWs 10 to 15; A-8 and A-9 by PW-3 and by PWs 10 to 15
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
So far as other accused are concerned,none of the prosecution witnesses ascribed any role to A-2,A-3 and A-12 and even though PW-15 deposed at the trial about the presence of A-4,A-6 and A-7 and stated that they were present with the accused party but the trial court,for good and sufficient reasons found that his testimony as regards their presence in the unlawful assembly,had not received trustworthy corroboration from any other prosecution evidence
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The learned Designated Court opined that though the identity of A-1 (since dead),A-5,A-8,A-9,A-10 and A-11 as the assailants had been established by the prosecution evidence beyond a reasonable doubt,the same could not be said about the participation of the remaining accused
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
We agree
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
From our independent analytical appreciation of the evidence on the record,we are of the opinion that the Designated Court rightly found the participation of A-1,A-5,A-8,A-9 and A-11,in the assault,to have been positively established
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
However,so far as A-10 is concerned,we find that there is merit in the submissions of the learned counsel for the appellant that his identify and participation in the assault has not been established beyond a reasonable doubt
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Baban Karpe PW-9,himself an injured witness,failed to identify A-10 at the time of the identification parade held by PW-32,though he identified A-10 later on in the Court during the trial
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
That apart the name of A-10 does not figure specifically in the statement of Baban PW-9,which formed the basis of the FIR,Ex.77.PW-10,PW-11 and PW-15 have tried to implicate A-10 by making tell tale improvements in their statements at the trial by ascribing a role to him in the assault by improving upon their statements earlier recorded during the investigation,with which statements they were duly confronted
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Even Bajrang PW-14 who is an injured witness himself and deposed about the incident at Jagdamba hotel with sufficient details appears to have exaggerated the version when he stated that he had been assaulted by A-10 also besides A-5 and A-11 auite contrary to his earlier statement
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
There is only one injury which was received by PW-14 and according to the other prosecution witnesses,that injury had been caused to him by A-11.The tendency to exaggerate the incident is not uncommon and that an innocent person may be roped in alongwith the guilty ones is a possibility which cannot,in the facts and circumstances of this case,be ruled out
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In view of the improvement made by the prosecution witnesses at the trial from their earlier statements and the infirmities already noticed,we are of the opinion that it cannot be said with any amount of certainty that the participation of A-10 in the assault or even his presence in the unlawful assembly at the time of the assault near Jagdamba hotel or the Math,has been substantiated
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The prosecution has not been able to establish the case against A-10 beyond a reasonable doubt and is our opinion he is entitled to the benefit of the doubt
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In so far as the remaining appellants are concerned,the evidence of the eye-witnesses and particularly of PW-3 and PWs 9 to 14 unmistakably connects them with the assault on the complainant party near the Jagdamba hotel and at the Math,resulting in the death of Popat and injuries being caused to PW9 and PW14.Despite searching cross-examination,nothing has been brought out in their cross-examination from which any doubt may arise about the participation of A-1,A-5,A-8,A-9 and A-11 in the assault or discredit the testimony of any of these witnesses
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Their evidence establishes the manner in which the assault originated as well as the role played by each one of them
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The appellants (other than A10) were as already noticed identified by various prosecution witnesses at the identification parade held by PW-32,the Executive Magistrate also
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Besides,the testimony of these prosecution witnesses has received ample corroboration from the medical evidence as well as the recoveries of the weapons of offence
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
From our independent examination of the material on the record,we are satisfied that the prosecution has been able to establish its case against A-5,A-8,A-9 and A-11 and the deceased A-1 beyond a reasonable doubt
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
That takes us now to consider the nature of the offence committed by A-5,A-8,A-9 and A-11
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The Designated Court,as already noticed,found all of them guilty and convicted them for the offences under Section 3 TADA,302/149,307/149 and 323/149 IPC
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The victims,it appears from the record,belong to the Wadar community
Facts
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The Designated Court after considering the evidence of the first incident and the manner of assault on the deceased and PW-9 and PW-14,came to the conclusion that the appellants,alongwith some others had intended to create terror in a section of the people (Wadar community) and with that intention had assaulted PW-14,the deceased and PW9 by lethal weapons and were therefore guilty of committing an offence under Section 3 TADA
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In our opinion the Designated Court fell in error in holding that an offence under Section 3 of TADA had been committed by the accused-appellants in the established facts and circumstances of this case
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Merely because the deceased and the two injured witnesses belong to Wadar community,no inference could be drawn that the attack by the appellants on them was intended to strike terror in a section of the society,namely,the Wadar community
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
There is no basis for such an assumption
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Prosecution has led no evidence in that behalf either
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
It appears to be a mere coincidence that PW9,PW14 and the deceased all belong to the "Wadar Community".There is nothing on the record to disclose as to which community do the appellants belong to or what grievance they had against the "Wadar Community".By no stretch of imagination
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
can it be said that the accused had the intention to strike terror,much less in a particular section of the society,when they entered into an altercation at the video parlour or even when they went after the complainant party and opened an assault on then opposite Jagdamba hotel or at the Math
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
None out of those who were present at the video parlour received any injury and there is no material on the record to show as to which community did they belong to either
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Prosecution has led no evidence nor brought any circumstances on the record from which any inference may be drawn that the appellants intended to strike terror amongst the "Wadar Community".It was not proper for the Designated Court to draw an inference of intention from the mere consequence,i.e.,the victims belonging to the particular community
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The learned trial court appears to have ignored to take into consideration the essential requirements for establishing an offence under Section 3 of TADA
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In Hitendra Vishnu Thakur And Others Vs
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
State of Maharashtra
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
And Others [(1994) 4 SCC,602
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
1994 Indlaw SC 1706 this Court opined that the criminal activity in order to invoke TADA must be committed with the requisite intention as contemplated by Section 3(1) of the Act by use of such weapons as have been enumerated therein and which cause or are likely to result in the commission of offences as mentioned in that Section
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
It was observed : "Thus,keeping in view the settled position that the provisions of Section 3 of TADA have been held to be Constitutionally valid in Kartar Singh case and from the law laid down by this Court in Usmanbhai and Niranjan cases,it follows that an activity which is sought to be punished under Section 3(1) of TADA has to be such which cannot be classified as a mere law and order problem or disturbance of public order or even disturbance of the even tempo of the life of the community of any specified locality but is of the nature which cannot be tackled as an ordinary criminal activity under the ordinary penal law by the normal law-enforcement agencies because the intended extent and reach of the criminal activity of the 'terrorist' is such which travels beyond the gravity of the mere disturbance of public order even of a 'virulent nature' and may at times transcend the frontiers of the locality and may include such anti-national activities which throw a challenge to the very integrity and sovereignty of the country in its democratic polity
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Thus,unless the Act complained of falls strictly within the letter and spirit of Section 3(1) of TADA and is committed with the intention as envisaged by that section by means of the weapons etc.as are enumerated therein with the motive as postulated thereby,an accused cannot be tried or convicted for an offence under Section 3(1) of TADA
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Likewise,if it is only as a consequence of the criminal act that fear,terror or/and panic is caused but the intention of committing the particular crime cannot be said to be the one strictly envisaged by Section 3(1),it would be impermissible to try or convict and punish an accused under TADA.The commission of the crime with the intention to achieve the result as envisaged by the section and not merely where the consequence of the crime committed by the accused create that result,would attract the provisions of Section 3(1) of TADA
Precedent
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Emphasis supplied
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Thus,keeping in view the background in which the occurrence took place,namely,the altercation at the video parlour,which has a great relevance to determine the applicability of Section 3 TADA,we are of the opinion that the finding of the Designated Court that the appellants have committed an offence punishable under Section 3 TADA is clearly erroneous
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
In fairness to the learned counsel for the State Mr
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Madhav Reddy,Sr.advocate,we must also record that he conceded that in the facts and circumstances of the case and keeping in view the law laid down by the Constitution Bench in Kartar Singh's case [1994
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
supp) Scale 1 1994 Indlaw SC 525 ] and Hitendra Vishnu Thakur's case 1994 Indlaw SC 1706 (supra) no offence under Section 3 of TADA could be said to have been committed by the appellants
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
The conviction and sentence of the appellants for the offence under Section 3 TADA cannot therefore,be sustained and is hereby set aside
Ruling by Lower Court
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
Appellants No.1 (A-5),2 (A-8),3 (A-9) and
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context
5 (A-11) had alongwith the deceased accused A-1 and some others,about whose identity there has been some doubt,formed an unlawful assembly and in furtherance of the common object of that assembly committed the murder of Popat deceased besides causing injuries to PW9 and PW14
Ratio of the decision
Analyze the sentence and predict in which semantic role does this come under in Indian legal context