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Mirza Akbar V Emp Document 12 pages

Badri Rai v. State of Bihar, AIR 1958 SC: By: Dr. Anita
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Download now 1 of 5  Search document  The Hon'ble Bombay High Court: Mirza Akbar
Rohit Vijaya Chandra
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Document 11 pages

Mirza Akbar Vs Emperor


Mirza Akbar v. Emperor M.r. Sodha
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AIR 1940 PC 176


Document 24 pages

Dying Declaration 1
Rudraksh Sharma
Facts: No ratings yet

The appellant, Mirza Akbar, was charged with conspiracy to murder, in consequence of which
conspiracy murder was committed. Under the joint effect of Section 302/120B of Indian Penal Document 22 pages

Code, he was convicted and sentenced to death by Additional Sessions Judge, Pehawar Division. 09 Evidence - Dying Declaration
Anushka Pratyush
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The appellant was tried along with the actual murderer Umar Sher, and with Mst. Mehr Taja who
had been the wife of the murdered man, Ali Askar. The murder was committed on August 23,
1938, in the village of Taus Banda. The guilt of Umar Sher was not really open to doubt. He was
Document 3 pages
practically caught red-handed. He was caught running away with a single barrel shot gun in his 306 2019 Judgment
hand, the barrel of which smelt as if freshly discharged. There was an empty cartridge jammed in Surya
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the barrel. When the appellant came up from the field in which he had been working about half a
mile away from the scene of the murder he asserted that Umar Sher was innocent and should be
released, but the other present refused to do so.
Document 15 pages

Evidence Assignment
Umar Sher’s main defence seems to have been absence of motive. This fact however was relied
Lov Ananad
upon by the prosecution as showing that he was a hired assassin, bribed to commit the murder by No ratings yet

the appellant and Mst. Mehr Taja who were co-conspirators in that regard. This was found by the
Court to have been the fact. The principal evidence of the conspiracy between these two
prisoners consisted of three letters, two from the female prisoner to the appellant, and one from Document 10 pages

Case Comment On Palani v. Emperor


the appellant to the female prisoner.
vidhi
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It will be convenient to set out the relevant portions of the three letters.

Exhibit P.A., in the handwriting of Mst. Mehr Taja:


Document 6 pages

Rex V Vincent Banka & Anor - (1936) 1 MLJ 53


Farrah Nina
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AD Download to read ad-free. Dying Declaration


ShuklaShilpa
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Document 13 pages

Document Mootttttt
Awser Rashid
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2 Document 7 pages

John Edward Power Wallis, C.J., T. Sadasiva Iyer, Napier


and Murray Coutts-Tratter, JJ
Greetings to thee O my sweet-heart. Now I shall sell myself and do this act if only I have thee at Aadhitya Narayanan
my back. What a blissful hour it would be when with Amir Jan wailing over Ali Askar we No ratings yet

contract our Nikah and enjoy ourselves. However hard on thee I have been in the past, that is all
past. Henceforth I solemnly promise to desist. I do fervently cherish the hope that God will make Document 9 pages

thee mine. Try and send Mir Aftab often to me so that I may talk to him. I have found out money Case Laws For Section 8
harsh sahu
for thee but thou must unhesitatingly find out the man. My heart is bursting for thee and I long
No ratings yet
for thee immensely. Accept my greetings.

Exhibit P. B., also in Mst. Mehr Taja’s handwriting:


Document 10 pages

Dying Declaration
Letter to the sweet-heart. For God’s sake spare not a moment or thou wilt ever repent my loss.
ShashikantSauravBarnwal
They are all one against me. It would be better if aught thou couldst do. No ratings yet

Exhibit P. D., in handwriting of the appellant:

Document 15 pages
My sweet-heart and the bearer of my burden. You must find out the money or I would die. Is it Dying Declaration-Section 32 (1) of Indian Evidence Act
of my choice to be roaming about and thou be enjoying with him, but what shall I do. If I had my harsh vardhan
No ratings yet
own way I would not have left you to remain with him. I am burning and have pity on me for
God’s sake. To me the passing of each day is like months and years. Once place thy self in my
charge and satiate me with the honey of thy red lips. Even if thou cuttest my head off my neck I
Document 7 pages
would still yearn for thy white breast…. The house of the torturer will be rendered desolate.
Case 1 - in Re - Palani Goundan Vs Unknown On 7 April,
Mirza Akbar’s limbs have grown sapless after thee. 1919
Aman Anand
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Issues:
Document 8 pages
1. Whether the love letter produced is relevant under section 10 of Indian Evidence Act,
1 MLJ 176, (1961) 1 MLJ 176
1872? lionheart8888

2. Whether the statement made by the wife before the Judicial Magistrate is relevant? No ratings yet

Rules:
Document 14 pages

10th Semester Moot Court 2019


Section 10, Evidence Act- manojkohli
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Document 8 pages

Dying Declaration - Section-32 (1) of Indian Evidence


Act: Abstract
anoj
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Document 14 pages

Memorial Assignment Sachin Menon RA1531502010017


B.A.LLB - A' Section Semester X
Sachin Menon
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Document 5 pages
3
Case(s) Referred To:: S. 302 of The Penal Code
sierra
Things said or done by conspirator in reference to common design.—Where there is reasonable No ratings yet

ground to believe that two or more persons have conspired together to commit an offence or an
actionable wrong, anything said, done or written by any one of such persons in reference to their
common intention, after the time when such intention was first entertained by any one of them, is Document 10 pages

a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of Moot Court - 1
smalhotra2414
proving the existence of the conspiracy as for the purpose of showing that any such person was a
50% (2)
party to it.

Section 302 in The Indian Penal Code


Document 8 pages

302. Punishment for murder.—Whoever commits murder shall be punished with death, or Dying Declaration - Section-32 (1) of Indian Evidence
Act: Abstract
1[imprisonment for life], and shall also be liable to fine.
Rajdeep Prabhugaonker
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Section 120B in The Indian Penal Code


Document 226 pages
120B. Punishment of criminal conspiracy.—
Criminal Law - II - Course
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, Akshay Srivastava
No ratings yet
2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall,
where no express provision is made in this Code for the punishment of such a conspiracy, be
punished in the same manner as if he had abetted such offence.
Document 12 pages
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an
Document Mootttttt File Sher Shah
offence punishable as aforesaid shall be punished with imprisonment of either description for a Awser Rashid

term not exceeding six months, or with fine or with both. No ratings yet

Judgement:
Document 6 pages

Pakala Narain-Dd
That statement which was made in the appellant’s absence was admitted in evidence both by the Riya Lal
trial judge and by the Judicial Commissioner on appeal as relevant against the appellant under No ratings yet

section 10 of the Evidence Act. The Judicial Commissioner said that it had been argued that
section 10 did not apply to any statement made by conspirators if the offence to commit which
they conspired, has actually been committed. He rejected that argument and refused to hold that Document 67 pages

Criminal Liability Notes-2


section 10 had that limited meaning, though he held that the evidence of the statement could not
Annet Mutabaruka
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Document 8 pages

Rajesh Vs State of Haryana-18-Jan-2019


Latest Laws Team
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IPC Case Laws - Naman


Naman Katyal
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Document 3 pages
4
Palani V Empeor
mohit kumar
have great weight as against the appellant since he had not had an opportunity of cross- No ratings yet

examining Mst. Mehr Taja upon it.

The three documents taken as a whole show that the two writers of the documents desired to get
Document 237 pages

rid of Ali Askar so that they should marry each other and there was a question of finding money 1 Criminallaw PDF
vikas92
for a hired assassin to get rid of him. Subsequently, we find that Ali Askar was shot by a man
No ratings yet
who had no motive to shoot him. In addition to this, there was the strange conduct of Mirza
Akbar when Umar Sher was arrested. There is no reason for doubting the statement of the
witnesses that he did request that Umar Sher should be released. It is true that in the earlier
Document 14 pages
statements the witnesses did not mention this fact, but the obvious reason is that they did not Petitioner (K.M. NANAVATI Vs - State of Maharastra)
attach any importance to it at the time because they had no conception as to what was the motive Pulkit Channan
67% (9)
for the commission of the offence. In my opinion, there is no doubt whatsoever that these two
Appellants Mirza Akbar and Mst. Mehr Taja did enter into a conspiracy to murder Ali Askar and
that they hired Umar Sher to commit the actual murder, which he did.
Document 7 pages

United States of America Ex Rel. Roy James Metz v.


On the material before the Court, after the statement is excluded, there was evidence sufficient to
James F. Maroney, Superintendent, State Correctiona…
justify the conviction. The terms of the letters are only consistent with a conspiracy between the Scribd Government Docs

prisoners to procure the death of Ali Askar. The vague suggestion that they related merely to a No ratings yet

scheme to obtain a divorce and to raise money for that purpose is clearly untenable. The
handwriting of the letters is clearly established. Under those circumstances, their Lordships will Document 19 pages

follow the precedent established in Pakala Narayana Swami v King Emperor, and hold that in Amity Intra 2012 Petitioner
Simar Singh
this ease as in that it is impossible to say that the proceedings which ended with the conviction
50% (2)
resulted in a failure of justice. It thus means that only Pre-murder deposition is relevant because
post-murder deposition by mehr laka was the statement after the conspiracy was over. So, it
means only those statements are relevant which are made during the conspiracy. Document 10 pages

The Hon'Able District Court, Delhi: Before


deepak singhal
Analysis: No ratings yet

The Privy Council has rightly adjudged that the statement made by the wife is not relevant as
“Common Intention” envisaged under section 10 of the Indian Evidence Act, as it refers to
Document 5 pages

anything said, done, or written by a conspirator during the pendency of conspiracy. The Dying Declaration: Arundhati25 - Views 20215
statement made by one conspirator against another is not relevant if made after termination of Bindu Malviya
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Re Palani Goundan Vs Unknown On 7 April, 1919' PDF
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principle that the thing is done, written or spoken was something done in carrying out the
conspiracy and was receivable as a step in the proof of the conspiracy.
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