Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - S.319 Cr.P.C. confers power on trial Court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by investigating agency and that satisfaction has to be arrived at on basis of evidence so led during trial - On..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 32 -- Indian Penal Code, 1860, S.302 - Murder - Dying declaration - Summoning of additional accused - A note allegedly recovered from deceased expresses mere apprehension of death - Note written by deceased does not relate to cause of his death or to any of the circumstances of transaction which..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - S.319 Cr.P.C. confers power on trial Court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by investigating agency and that satisfaction has to be arrived at on basis of evidence so led during trial - On..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 32 -- Indian Penal Code, 1860, S.302 - Murder - Dying declaration - Summoning of additional accused - A note allegedly recovered from deceased expresses mere apprehension of death - Note written by deceased does not relate to cause of his death or to any of the circumstances of transaction which..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Basic requirement of S.319 of Act is that court must have reasonable satisfaction from evidence collected during trial that persons who are arrayed as accused has committed offence and satisfaction is necessary that evidence adduced on behalf of prosecution if remained unrebutted, would lead to conviction..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(g), 114 -- Additional accused - Rape - No allegations against accused persons in FIR and in statements of prosecutrix and her parents - Prosecutrix recovered after incident and much before lodging of FIR but nothing stated against accused persons by prosecutrix to her parents - Even parents..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Second application - First application rejected on technical ground because examination-in-chief of PW1 was not recorded by that time - Second application, filed after completing cross-examination of PW1, is permissible and not barred - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - De novo trial is required only against those accused persons who have been summoned - Where proceedings against one co-accused had already culminated, right of a speedy trial also having been recognized as a fundamental right and in such a situation there would be no impediment for prosecution..........
Criminal Procedure Code, 1973, Section 319, 193 -- Summoning of additional accused - Stage at which power u/s.319 Cr.P.C. can be exercised - After committal cognizance of an offence can be taken against a person not named as an accused but against whom materials are available from papers filed by police after completion of investigation - Such cognizance can be taken u/s..........
