Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Court can refuse to summon defence witnesses on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - S.197 Cr.P.C does not extend its protective cover to every act or omission of a public servant while in service - It is restricted to only those acts or omissions which are done by public servants in discharge of official duties...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - No grievous injuries have been caused to injured and injured received simple injuries - Two necessary ingredients i.e intention of or knowledge relating to commission of murder and doing of an act towards it are missing - Trial Court committed an error in framing charge for offence u/s 307 IPC -..........
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(d), 13(2) of P.C Act and S.120-B IPC - Investigation reveals misconduct and conspiracy of A-1 and A-2 in collusion with A-3 and A-4 - There are factual ingredients constituting the offences alleged,..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Provision of S.427 Cr.P.C do not permit a direction for concurrent running of substantive sentences with sentences awarded in default of payment of fine/compensation...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Conviction in two cases - Conviction in both the cases against accused was recorded within a span of one year - Sentences awarded to accused in both the cases if treated consecutively then, total period of incarceration would be seven years maximum sentence - However, accused has already..........
