Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused u/s 313 Cr.P.C. - Can be used for proving his guilt as much as the evidence given by prosecution witnesses...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed u/s 306 IPC - Complainant or State did not challenge that charge - Satisfaction of trial Court qua charge attained finality - Mere allegation of complainant that his son is murdered is not sufficient to frame charge u/s 302 IPC, in absence of any other..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Last seen evidence - Merely evidence of last seen with deceased is no ground to frame charge u/s 302 IPC against accused, unless it is accompanied by other facts which constitute a complete chain to incriminate accused, which leads to only one conclusion that it is accused only..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 - - Bail - Attempt to murder - Injuries attributed are either simple in nature or are on no, vital part - Even, challan has already been filed and charges has been framed - However, no evidence has been led by prosecution so far - Moreover, no other case is pending against the petitioner -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C being a discretionary power and an extraordinary one is to be exercised sparingly and only when cogent evidence is available - Prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere probability of complicity of a person...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
