Showing : 1111-1120 of 2027 Results

ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 227, 239-- Discharge on the basis of defence evidence - Held, at the stage of framing of charge considering the defence evidence is per se illegal - For the purpose of framing of charge Court must weigh the material on record as well as the documents relied upon by the prosecution - Discharge of accused only..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Challenge against order closing evidence by order - Complaint u/s 138 N.I. Act - Petitioner granted numerous opportunities for leading defence evidence and he consumed about 3 years for leading evidence in defence after recording of his statement u/s 313 Cr.P.C. - Held, granting more opportunity..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45-- FSL report in direct conflict with evidence of medico legal report and post mortem examination - FSL report untruthful and given in a casual manner - FSL report cannot be relied upon so as to cast a doubt on the prosecution story...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45-- FSL report - Report contrary to direct medical evidence - FSL report of Aluminium Phosphide found in viscera - But not found in post mortem examination or in the medico legal report and according to which the poison administered was organophosphorus - FSL report untruthful and given in a casual..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 293-- Scientific experts - Report - Report of scientific experts may be used as evidence in any inquiry, trial or other proceedings of the Court in terms of S.293 Cr.P.C. but the chemical examiner does not, as a rule, give an opinion as to cause of death, but merely gives report of chemical examination..........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 161-- Statement recorded by Investigating Agency u/s 161 Cr.P.C. in the course of investigation - It cannot be used as substantive evidence - It can be used to contradict statement of the witnesses - Witness not confronted with his statement recorded u/s 161 Cr.P.C - Held, that contradiction were not..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Allegations against petitioners/accused that they produced an impersonator in place of material prosecution witness giving evidence projecting himself to be prosecuting witness - This fact came to the knowledge of trial court when enquiry conducted by Superintendent of..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 323, 209-- Committal of case - Powers of Magistrate - Words `Ought to be tried by Court of Sessions' - Meaning - It bestows powers on Magistrate to commit the case to the Sessions Court though not exclusively triable by the Sessions - However, Magistrate is required to give reasons for the same - Charge..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 227, 401-- Discharge of accused - Prosecution allegations that : (1) Accused committed illegalities in appointment of employees in State Cooperative Bank; (2) Accused sent supplementary list of incumbents for posts advertised; (3) Accused availed loan from the bank which furnished motive for sponsoring..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against conviction - Admissibility of appeal - Papers of case not available as record of lower court burnt in fire - Lower court record could not be reconstructed despite best efforts - No possibility of re-trial after more than 30 years - Held, unless evidence is available for perusal,..........

Showing : 1111-1120 of 2027 Results