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Results of approver

Showing : 1-10 of 58 Results

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 439, 306(4)(b) -- Bail - Approver - Acid attack - Dispute was of cheque - Cause of death was directly attributed to main accused - Role of petitioner is not such as it would incriminate him at par with principal accused or even reflect that petitioner played a major role in act of causing death of deceased - Moreover, petitioner as an..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 IPC - Dead body of deceased recovered from the lake - PW1, approver alleges that wife and children of deceased caused death of deceased by strangulation and he assisted them in disposing off the dead body by putting in Lake - However, medical evidence not supported the evidence of PW1, as no ligature mark..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Confession - Prosecution relied upon confessional statement of PW3 - PW3 became approver and challenge to the same negated by trial Court and High Court - Statement of PW3 thus, becomes admissible in evidence in view of Ss.133, 114 of Evidence Act - Moreover, confessional statement of PW3 gets full..........

KERALA HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 306(4)(b) -- Object of S.306(4)(b) is two fold: (i) to ensure that approver does not cross over to other side due to pressure or influence or threat; and (ii) to protect the approver from all possible threats to his person and life...........

KERALA HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Acceptance of tender of pardon by accused - Factors to be consider by High Court while exercising discretion in favour of approver u/s 482 Cr.P.C: (i) possible suspicion regarding reliability of approver due to his antecedents; (ii) possibility of approver being influenced or won over by defence; (iii) possible..........

KERALA HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115 -- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 306(4)(a) -- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination of a witness u/s 138 of..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Evidence Act, 1872, Section 133, 114 - - Conviction based on approver's evidence - Validity - Approver has implicated himself in crime - He has not made any effort to give any statement which is exculpatory - He has spoken quite graphically about involvement of all accused persons - Evidence of approver found corroboration from other ocular evidence as well as seizure -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 133, 114 - - Attempt to murder - Conviction on the basis of evidence of approver - No corroboration to the statement of approver - Evidence of approver not reliable so as to record a conviction - Conviction set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Evidence Act, 1872, Section 133, 114 - - Approver - Universal practice is not to convict upon the testimony of an accomplice unless it is corroborated in material particulars - Evidence of an accomplice is regarded ab initio as open to grave suspicion - If suspicion which attaches to the evidence of an accomplice is not removed, that evidence should not be acted upon..........

Showing : 1-10 of 58 Results