Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the..........
Indian Penal Code, 1860, Section 302, 109, 304(Part I), Criminal Procedure Code, 1973, Section 228 -- Charge u/ss 302 read with S.34 IPC - Accused cannot be convicted u/s 304(Part I) IPC with aid of S.109 IPC in the absence of charge u/s 109 IPC...........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 228 -- Dowry death - Charge u/s 304-B IPC - Charge u/s 302 alongwith charge u/s 304-B IPC not to be mechanically framed - Charge u/s 302 IPC can be framed if evidence otherwise permits - Ingredients constituting the two offences are different, thereby demanding appreciation of evidence from..........
Criminal Procedure Code, 1973, Section 216 -- Charge - Addition or alteration - Court at any time before judgment can add or alter charge - Question of addition or alteration of charge arise either because Court finds the charge already framed to be defective for any reason or because such addition is considered necessary after commencement of trial having regard to the..........
Criminal Procedure Code, 1973, Section 374 -- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment unsatisfactory - It was necessary for High..........
Criminal Procedure Code, 1973, Section 439 -- Bail - "Reasonable grounds for believing" - Means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge - It is not expected, at this stage, to have the evidence..........
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161 -- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Accused named in FIR but not named in charge sheet - Magistrate after perusing FIR, case diary and death report came to a prima facie conclusion of the involvement of all the persons named in FIR - Prosecution against all the persons named in FIR - High Court concurring - No good reasons to take a different..........
Criminal Procedure Code, 1973 - - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as three of the offences with which he was charged..........
Criminal Procedure Code, 1973, Section 240 -- Framing of charge - Charge cannot be framed on the basis of evidence recorded at the pre summoning stage...........
