Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Pendency of appeal for 18 years - Accused responsible for pendency - Passage of time cannot be the sole ground for upholding acquittal order...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 378(4) -- Bombay High Court (Appellate side) Rules, 1960, R.1 - Matter required to be decided by a division bench of High Court decided by single Judge - Judgment is a nullity - Matter remanded to be decided by Division Bench...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Testimony of two eye witnesses corroborated by medical evidence brushed aside by the trial court relying on minor infirmities and acquittal of accused ordered - Plea of the respondent accused that if two views of evidence are reasonably possible, one..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers to be exercised by High Court - Power to review evidence - High Court should be slow in disturbing finding of fact arrived at by trial Court - If two views are possible on evidence adduced in the case view favourable to accused should be adopted - Paramount consideration of Court should be to..........
Criminal Procedure Code, 1973, Section 378(4), Income Tax Act, 1961, Section 276C, 277, 278B -- Leave to appeal - Second complaint - Acquittal of accused holding that complaint not maintainable - Held that the Chief Judicial Magistrate was justified in holding that after the discharge of an accused in a complaint alleging commission of certain offences, no second complaint..........
Criminal Procedure Code, 1973, Section 378 -- Penal Code, 1860, Ss.304A, 297 & 337 - Appeal against acquittal - Accused causing death of a person by rash and negligent driving - In appeal guilt of the accused upheld - Keeping in view that the incident is more than seven & half years old, sentence reduced u/S.304A IPC from one year to three months - Sentences u/S.279 & 337..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Limitation - Appeal must be filed within 90 days and not 60 days from date of order appealed from...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible, the one taken by the trial court should not be disturbed except where the judgment under appeal was perverse or based on a misreading of the evidence...........
Criminal Procedure Code, 1973, Section 378(4), 210, 225, 2(d), 2(r) -- Acquittal in a case originally instituted on complaint - Appeal against - Merely because complaint was committed to Court of Session and conducted by Public Prosecutor, it would not cease to be complaint case - Court can treat revision filed by complainant assailing order of acquittal as an appeal under..........
Criminal Procedure Code, 1973, Section 401, 378 -- Acquittal - Revision against - High Court can order retrial if there is a glaring defect in the procedure or manifest error on a point of law resulting in flagrant miscarriage of justice or when it is found that the trial Court has no jurisdiction to try the case or where the trial Court has illegally shut out the evidence..........
