Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 418 - Revision against conviction - Petitioner convicted under Section 420 IPC by JMIC - Additional Sessions Judge convicting him under Section 418 IPC on the plea of its being lesser offence than that of Section 420 IPC and no prejudice is caused to the petitioner - Held ingredients of Section 418 IPC..........
Criminal Procedure Code, 1973, Section 313 -- Confessional statement made by co-accused Exhibit PF never put to the petitioner when his statement under Section 313 Cr.P.C. recorded - Held these provisions are not the idle formalities - Which are supposed to be respected by trial Court - By not affording opportunity to the petitioner to explain his conduct with regard to..........
Criminal Procedure Code, 1973, Section 429 -- Bail - Offence under section 15 of the N.D.P.S. Act - Police Officer who nabbed the accused, seized the contraband from his possession and lodged the F.I.R., has himself conducted investigation - Plea of the petitioner that it is against basic tenets of Criminal jurisprudence and he is entitled to bail - Plea rejected as he is..........
Indian Penal Code, 1860, Section 302, 307, Army Act, 1950, Section 25, 27 -- Murder - Criminal Procedure Code, 1973, Section 299 - Recording of evidence in the absence of accused - The only requirement under Section 299, Cr.P.C. is that it should be proved that the accused person has absconded - There is no immediate prospect of arresting him - It is not necessary that..........
Criminal Procedure Code, 1973, Section 401, 446(1) -- Forfeiture of Bond - Held u/S.446(1) of the Code when a bond is alleged to have been forfeited, the Court is required to record evidence and arrive at a conclusion that it is proved to his satisfaction that parties have forfeited their bond and thereafter he is required to record the grounds of such proof and may call..........
Witness -- Non examination - Non examination of eye witness who was injured in the incident - Explanation by prosecution that he was gained over by accused - Explanation borne out by record, in that, his son, who also claimed to have seen the incident when examined under Section 161 Cr.P.C. turned hostile - - No adverse inference liable to be drawn against prosecution...........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Petition for quashing - FIR u/Ss.420/511/182/34 IPC - Accused-Petitioner discharged for the offence u/Ss.420/182 IPC - Charge-sheet for the Commission of offence u/S.511 read with S.34 IPC ordered to be framed - Challenge made - That Sections 511 and 34 IPC are not the substantive Sections themselves and are..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Prisons Act, Section 46 - Punishment for Jail offence - Petitioner reduced from Convict Night Watchmen to ordinary prisoner - Process of enquiry conducted by Assistant Superintendent, Jail and Deputy Supdt., Jail - Superintendent, Jail passed formal orders - There is a clear..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - It is a settled principle of law that the extract of the statement under Section 313 Cr.P.C. by itself cannot form sole basis for conviction of an accused - The prosecution must prove its case and stand on its own legs. The statement of the accused is a relevant factor and the same can be looked into for..........
Criminal Procedure Code, 1973, Section 482 - - FIR charge u/S.7 read with Section 13 of the Prevention of Corruption Act - FIR - Delay in registration - Petition for quashing - Delay in lodging the FIR is a relative term, depending upon the facts of each case. In one case the delay in the lodging of FIR can be held to be fatal, because it will depend upon various factors..........
