This document is a court judgment regarding criminal charges against accused individuals 6 and 7. The prosecution alleges the accused conspired with others (accused 1-5) who were members of a banned organization, to wage war against the state. They are alleged to have harbored the others in a tribal area and instigated tribal people to participate in banned activities. However, the defense argues the seized items were normal household items and articles, and there is no evidence the accused were involved in banned activities or conspired with others. The judge must now determine if the prosecution has proven the charges against the accused beyond reasonable doubt based on witness testimony and evidence presented.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Charge simply means 'accusation'.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Charge simply means 'accusation'.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
This article is all about what AI trends will emerge in the field of creative operations in 2024. All the marketers and brand builders should be aware of these trends for their further use and save themselves some time!
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
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The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
3. S.C.No.125/2017
Section 19 and 20 of
Unlawful Activities
Prevention Act, 1967.
JUDGMENT
The Assistant Superintendent of Police, Puttur Sub
Division, Puttur, D.K. filed the charge sheet against the
accused No.1 to 7 for the offences punishable under Section
120B, of IPC and Section 19 and 20 of Unlawful Activities
(Prevention) Act, 1967.
2. The case of the prosecution in brief is that, the
accused No.1/Vikram Gowda, accused No.2/Pradeepa,
accused No.3/John, accused No.4/Prabha, accused
No.5/Sundari were the members of banned Organization by
name Communist Party of India (MarxistLeninist) – People's
War. The CPI Mavovadi Naxal Organization is the front or
ally organization of Communist Party of India (Marxist
Leninist). There is forest in Kuthlooru village situated within
the jurisdiction of Belthangady Taluk and Venur Police
Station. In Kuthloor the Tribal are residing. The accused
No.7/Lingappa Malekudiya is the father of accused
No.6/Vittala Malekudiya. The accused No.6 and 7 were
residing in Kuthloor village of Belthangady Taluk. The
accused No.1 to 5 entered into criminal conspiracy with the
accused No.6 and 7 and all of them decided to wage war
3
5. S.C.No.125/2017
to his custody and received panchanama and M.O.1 to 23
from P.W.21. Thereafter he has handed over the
investigation to P.W.22/The Circle Police Inspector of
Belthangady. Thereafter the investigation was taken over by
P.W.23 who was Assistant Commissioner of Police of Puttur
Division. After investigation the P.W.23 has filed the charge
sheet against the accused No.1 to 7 for the above said
offences showing that accused No.1 to 5 were absconding.
4. The accused No.6 and 7 were released on bail
during the crime stage. The committal Magistrate not able
to secure the presence of accused No.1 to 5 and therefore,
case against them was split up. Thereafter, the committal
Magistrate committed the present case for trial only against
accused No.6 and 7.
5. The accused No.6 and 7 appeared through their
counsel before this court after committal. On hearing both
sides, my learned predecessorinoffice framed the charge
against accused No.6 and 7 for the offence under section
120B, 124A of IPC and Section 19 and 20 of Unlawful
Activities (Prevention) Act, 1967. The accused No.6 and 7
have pleaded not guilty and claim to be tried.
6. In order to prove the guilt of the accused No.6 and
7 the prosecution has examined 23 witnesses, got marked
27 documents and 36 material objects. The accused No.6
5
6. S.C.No.125/2017
and 7 were examined under Section 313 of Cr.P.C. The
accused No.6 and 7 have denied the incriminating evidence
appearing against them. The accused No.6 and 7 filed their
statement under Section 313(5) of Cr.P.C. and produced 10
documents to deny the allegation made by the prosecution.
I have perused such documents and the statement of
accused No.6 and 7.
7. The learned Public Prosecutor has argued that the
P.W.1, 7 and 21 to P.W.23 are the Police officers. Only
because they are police officers their statements cannot be
discarded and credence has to be given to their statements.
He has further argued that, there is some discrepancy in the
evidence of P.W.1, P.W.7, P.W.2 and P.W.3 in respect of
place where the seizure panchanma produced in Ex.P1 was
drawn. But such discrepancy is not a ground to discard the
seizure panchanama at Ex.P1 as the seizure of M.O.1 to 23
from the possession of accused No.6 and 7 has been proved.
He has argued that, even though the villagers who have been
examined as P.W.10 to 20 have not supported the case of
the prosecution, then also the evidence of police witnesses is
sufficient to prove that the accused No.6 and 7 entered into
criminal conspiracy with accused No.1 to 5, committed the
offence of sedition, harboured and concealed the accused
No.1 to 5 who were the members of banned organization.
Hence, accused No.6 and 7 have to be punished in
6
7. S.C.No.125/2017
accordance with law. In support of this argument, he placed
reliance on ten decisions which will be quoted in an
appropriate stage of the judgment.
8. The learned counsel for the accused No.6 and 7 has
argued that, the accused No.7 is the father of accused No.6
and both of them were residing in tribal area in Kuthloor
Village in Belthangady Taluk in the year 2012. The accused
No.6 was prosecuting his study in Journalism in Mangaluru
University, in the year 2012. The articles seized from the
house of accused No.6 and 7 and from the room of accused
No.6 are the household articles and some of the newspapers
including the book of Bhagath Singh. The articles seized by
the police and reported in the case are not relating to any
activities of banned organization or Naxalites. There was by
election for Udupi Chickmagaluru Parliamentary
Constituency in the year 2012 and the accused No.6 has
written some request letter to the concerned to fulfill the
demands of tribal and warned that the villagers will boycott
the elections if such demands are not fulfilled. By seeing
such articles the student has been implicated in criminal
case and thereby the police made the innocent people to face
the criminal charges. No evidence is brought on record to
prove the offence against accused No.6 and 7 and therefore,
the accused are to be acquitted from all the charges.
7
8. S.C.No.125/2017
9. After hearing the parties and the materials placed
on record, the following points arise for my determination:
1) Whether the prosecution proves beyond
reasonable doubt that on 03.03.2012 and
prior to such date the accused No.6 and 7
entered into criminal conspiracy with
accused No.1 to 5 to wage war against the
government or to commit offence of sedition
by engaging in naxalite activities and
thereby the accused No.6 and 7 have
committed the offence under section 120B
of IPC?
2) Whether the prosecution further proves
beyond reasonable doubt that on
03.03.2012 or prior to such date the
accused No.6 and 7 by words or by signs or
by visible representations or otherwise
brought or attempted to brought hatred or
contempt or excited or attempted to excite
disaffection towards the Indian Government
and thereby committed an offence of
sedition punishable under Section 124A of
IPC?
3) Whether the prosecution further proves
beyond reasonable doubt that the accused
No.6 and 7 were the members of CPI
Mavovadi Naxalite which is the front
organization of Communist Party of India
(Marxist Leninist)People's War and
thereby committed the offence under
section 20 of Unlawful Activities
(Prevention) Act, 1967?
4) Whether the prosecution further proves
beyond reasonable doubt, that the accused
8
9. S.C.No.125/2017
No.6 and 7 being the residents of Kuthlooru
tribal area voluntarily harbored or
concealed or attempted to harbor or conceal
the accused No.1 to 5 knowing that they
were terrorists, and members of banned
organization and thereby committed the
offence under section 19 of Unlawful
Activities (Prevention) Act, 1967?
10. My findings on the above points are as follows:
Point No.1 to 4 : In the negative
for the following:
REASONS
11. Point No.1 to 4 : Since the allegation made
against the accused No.6 and 7 is common along with
accused No.1 to 5 and the evidence is overlapping on all the
points and therefore, I have taken these points for common
discussion.
12. In the first schedule of unlawful activities
(Prevention) Act, in serial No.24 the terrorist organization is
shown as, “Communist Party of India (MarxistLeninist)
People's War, all its formations and front organizations.” It
has been alleged in the present case that, CPI Mavovadi
Naxalite is the formation of or front organization of
Communist Party of India (MarxiztLeninist)People's war.
This contention of the prosecution is not disputed by the
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defence. So, the above said organizations are the banned
organization under Unlawful Activities (Prevention) Act,
1967. Such fact has been proved by the prosecution. In
order to prosecute the accused the required sanction has
been taken by the I.O. and such sanction is in Ex.P27 dated
12.01.2015. Such sanction is also not disputed by the
defence. Therefore, the investigation officer filed the charge
sheet under the Special Act against accused No.6 and 7 with
previous sanction. So, there is no legal bar to take
cognizance and to try the accused No.6 and 7 under the
provisions of Unlawful Activities (Prevention) Act, 1967.
13. To prove the allegation that the accused No.6 and
7 entered into criminal conspiracy with accused No.1 to 5,
committed offence of sedition, harboured or concealed the
accused No.1 to 5 in tribal area, the prosecution mainly
relied upon seizure of some of the material objects from the
possession of accused No.6 and 7 who are the father and
son from their house and room of accused No.6. Therefore,
the articles seized from the possession of accused No.6 and
7 are more relevant to decide as to whether the accused No.6
and 7 have committed the offences levelled against them.
14. Ex.P1 is the panchanama drawn by P.W.1 on
03.03.2012 between 8.00 a.m. to 12.00 noon in the house of
accused No.7 in Kuthloor village. Under this panchanama
totally 26 articles have been seized and they are in M.O.1 to
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26. In order to prove this panchanama the prosecution has
examined P.W.1 to 3 and 7. The P.W.1 and 7 are the Police
Officers and whereas the P.W.2 and 3 are the independent
witnesses. The P.W.2 and 3 have not supported the case of
the prosecution about the seizure of M.O.1 to 26 from the
possession of accused No.7. The P.W.1 and 7 have
categorically stated that M.O.1 to 26 have been recovered
from the house of accused No.7 at Kuthloor villager. These
statements of P.W.1 and P.W.7 has been denied by the
defence.
15. The P.W.1 who drawn the panchanama in Ex.P1.
In the crossexamination has stated that he first prepared
the rough panchanama in the house of accused No.7 and
then went to Venur Police Station and thereafter took the
signature of panch witnesses in Ex.P1 in Venur Police
Station. The P.W.7 in the crossexamination has admitted
that, mahazar in Ex.P1 has been written in Venur Police
station. However, the P.W.7 has again stated that, initially
draft mahazar was prepared by P.W.1 in the house of
accused No.7 and then it was taken to Venur Police station
for fair drafting and thereafter such fair draft mahazar was
brought to the house of accused No.7 and his signatures
were taken. In Ex.P1 it has been shown that, Mahazar was
drawn in the house of accused No.7. So, there is some
discrepancy in the mahazar, evidence of P.W.1 and 7 about
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place where the signature of witnesses have been taken on
the mahazar.
16. The Hon'ble Apex Court in 2002(2) Crimes 33
(SC) has held that, even if there is any sort of procedural
illegality in conducting the search and seizure, evidence
collected thereby will not become inadmissible and court
would consider all circumstances and find out whether any
serious prejudice was caused to accused.
17. In AIR 1996 Supreme Court 3035 the Hon'ble
Apex Court has held that, the mere fact that the
investigating officer committed irregularity or illegality
during the course of investigation would not and does not
cast doubt on the prosecution case nor trustworthy and
reliable evidence can be cast aside to record acquittal on
that account.
18. In 2001 CRI.L.J. 3969, AIR 2013 SC 3344, AIR
2003 SC 1311, (2001) 9 SCC 362, 2014(4) Crimes 266
(Karnt), ILR 2004 KAR 2531, the Hon'ble Apex Court and
the Hon'ble High Court of Karnataka held that the evidence
of police witnesses cannot be doubted only because they are
police officers. Therefore, based on these principles, I hold
that the evidence of P.W.1, P.W.7, P.W.21 to P.W.23 cannot
be discarded only because they are the police officers.
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19. In the present case, the P.W.1 and 7 have
categorically stated that M.O.1 to 26 have been seized from
the house of accused No.7. Such statement is consistent.
However, there is discrepancy in respect of place where
Ex.P1 was drafted and signatures of the witnesses were
taken. Such discrepancy is not sufficient to discard the
evidence of P.W.1 and 7 and seizure of M.O.1 to 26 from the
house of accused No.7. Apart from that the accused have
not shown how the prejudice caused to their defence from
the statement of P.W.1 and P.W.7 that fair copy of Mahazar
was drafted in police station and signature of the witnesses
were taken in the police station. Considering these facts, I
hold that the evidence of P.W.1 and 7 is sufficient for the
proof of Ex.P1. Accordingly, I hold that, the prosecution has
proved the seizure of M.O.1 to 26 from the house of accused
No.7 in his presence on 03.02.2012.
20. Ex.P25 is another panchanama drawn by P.W.21
where under mobile from the possession of accused No.6
has been recovered. That Mobile is marked in M.O.27. The
P.W.2 and 3 are the panch witnesses to this panchanama.
They have not supported the case of the prosecution.
21. Ex.P5 is the Mahazar dated 05.02.2012 drawn by
P.W.22 in the Hostel where the accused No.6 was residing
during his study. Under such panchanama the articles in
M.O.28 to 36 have been recovered at the instance of accused
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No.6. The P.W.4 to 6 are the panch witnesses to this
panchanama and they have not supported the case of the
prosecution and the statement made by P.W.22.
22. Ex.P10 is mahazar drawn by P.W.22. In this
mahazar it has been shown that accused No.6 has shown
the place used for naxalite activity. No material has been
seized under this panchanama. The P.W.8 and 9 are the
panch witnesses to this panchanama and they have not
supported the case of the prosecution.
23. The panch witnesses for the panchanamas in
Ex.P5, P10 and 25 have not been supported the case of the
prosecution. Therefore, there appears some doubt about the
drawing of panchanama. For the sake of discussion even if
the prosecution said to be proved these panchanama, what
would be the legal effect will have to be seen. For the
purpose of discussion and based on the decisions of the
Hon'ble Supreme Court for a movement the court has to
presume that the prosecution has proved these
panchanamas.
24. In the mahazars conducted by the I.Os., totally
three mobiles have been recovered which are in M.O.17,
M.O.27 and M.O.29. The CDR of these Mobiles have not
been produced. Even during the course of trial the
prosecution has not shown which are all the incriminating
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letters contains the demand of local people from the state.
From such writings one cannot find out that the accused
No.6 and 7 are engaged in Naxal activities or they were
concealing or harbouring the accused No.1 to 5. Therefore,
writings of accused No.6 produced in Ex.P23 are not
sufficient to prove that the accused No.6 and 7 are the
members of banned organization or they were concealing the
accused No.1 to 5.
26. The P.W.1 in his crossexamination has admitted
that, out of M.O.1 to 26, excluding M.O.12, 13 and M.O.17
to 20 other articles are articles required for day today life.
P.W.7 who is another Police Officer has also admitted that
entire M.O.1 to 26 are the things which are required for day
to day life. So, the police themselves have admitted that,
M.O.1 to 26 are not the articles used by the accused either
for concealing the accused No.1 to 5 or for any illegal
activities of banned organization. The book of Bhagath
Singh has been seized possessing book of Bhagath Singh is
not barred under law. The paper cuttings of newspaper have
been seized by the I.O. The reading of such newspapers is
not barred under law. The accused No.6 and 7 have not
published such articles found in the paper. Therefore, even
if there is any instigative publication in the newspaper, the
accused No.6 and 7 are not answerable for such publication.
Mere possession of paper cuttings of newspaper does not
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amount any offence. For all these reasons, I hold that,
seizure of M.O.1 to 36 either from the possession or at the
instance of accused No.6 and 7 are not sufficient to prove
that, both accused are the members of banned organization
or they concealed or harboured the accused No.1 to 5.
27. In order to establish that, there was criminal
conspiracy between accused No.1 to 5 and accused No.6 and
7 and even to prove that the accused No.6 and 7 were the
members of banned organization or to prove that they were
concealing the accused No.1 to 5, the oral evidence of
witnesses who have seen or heard such fact is necessary. In
order to prove such activities of accused No.6 and 7 the
prosecution has examined P.W.10 to 20. All these witnesses
have categorically denied the alleged act of accused No.6 and
7. They were crossexamined by the prosecution. None of
the witnesses supported the case of the prosecution. If
really the accused No.6 and 7 were involved in Naxalite
activity, atleast one of the villager would have spoken such
fact. None of the villagers spoken such fact, so, there is
absolutely no evidence to prove that the accused No.6 and 7
were the members of Naxalite group and they were
concealing the accused No.1 to 5 or assisting them in
naxalite activities in Forest area of Kuthloor Village. None of
the witnesses have stated that the accused No.6 and 7 have
committed the offence of sedition. There is no evidence on
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