Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Murder - Specific allegations against appellant to the effect that he had kept women & others captive, but there are certainly some debatable issues particularly regarding cause of death being homicidal or not - Even eye-witness, who are relatives of deceased..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Maintenance amount must be determined in a balanced manner and it should be one that ensures adequate support for wife and child, while also taking into account husband's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 74 -- (Criminal Procedure Code, 1973, S.72) - Arrest warrant - Non-execution of arrest warrant issued against certain police officers - Directions issued in Ganesh Ram vs. State of Rajasthan not been properly complied - Directions issued to summon DGP, Rajasthan to explain why a police officer, despite an arrest warrant,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. is discretionary power of Court and no party can claim it as of its right...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
