Criminal Procedure Code, 1973, Section 437 -- Murder - Bail - Grant of - Factors to be taken into account - Held, grant of bail to some accused cannot be a sole ground to grant bail to other accused in a case - Nature of offence, role played by accused, manner in which offence was committed, nature of evidence, possibility of threatening witnesses, alleged involvement in..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 376, 302 -- Concurrent running of sentences - Offence of rape and murder - Accused convicted and sentenced to 10 years RI for rape and to life imprisonment for murder - Held, when life imprisonment awarded, all other punishments of common trial have to run concurrently...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - First report recorded at about 1 pm - It was suppressed by the prosecution as name of the assailants were not known - Second report recorded at about 4.45 pm - No evidence to confirm the time of recording the FIR shortly after 4.45 pm as there was no evidence of dispatch or delivery of special report - Held,..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Conviction of accused in a murder case based on dying declaration made before Investigation Officer - Sentence suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 335 -- Acquittal of accused in murder case on ground of insanity - Accused to be detained in safe custody after acquittal - Accused from poor strata of society - Her relatives unable to bear expenses for her treatment - She was directed to be kept in regional mental hospital...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Petitioner accused in a murder case - Direct allegation of firing against the petitioners causing instantaneous death - Petitioners absconding for almost 5 years and thus succeeded in delaying the progress of the trial - Held, petitioner not entitled to the privilege of anticipatory bail...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Benefit of probation u/s 4 of the Act or u/s 360 of Cr.P.C. - Held : (a) Benefit of probation cannot be extended where sentence imposed for can be upto life imprisonment; (b) Court cannot extend the benefit of probation u/s 4..........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 432, 433, 477 -- Rule 131 - Remission of sentence - Reference to government by Sessions Judge - Whether reference can be made pre or post sentence in a case of infanticide - Held, in case of infanticide, in which a woman is convicted of murder of her child/children, the reference under Rule..........
