Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 374 -- Double murder - Appeal against conviction - As per post mortem report the injuries were ante-mortem in nature on vital organs of body and sufficient to cause death - Medical record and ocular narration of incident by prosecution witness are consistent with each other - Recovery of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference in the case only if the testimony of sole witness is of such character that it could be fully relied upon - In the present matter where the accused are being tried for an offence punishable with capital punishment, the scrutiny needs to be..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Question of double jeopardy is irrelevant to construction of S.372 Proviso Cr.P.C. - Double jeopardy is protection against second trial after acquittal while S.372 Proviso Cr.P.C. guarantees right to appeal - Appeal proceedings are not equivalent to a retrial...........
Criminal Procedure Code, 1973, Section 372 - - Appeal - S.372 Proviso Cr.P.C. establishes an independent, substantive right of appeal in favour of victim in certain circumstances - S.372 Cr.P.C. forbids appeal unless otherwise authorized by Cr.P.C. or any other law but proviso to S.372 Cr.P.C. dispenses with requirement of leave in case it is victim who is appealing -..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Locus standi of private parties - Maintainability - There has to be relationship between injury and victim - Injury has to be proximate, it cannot be remote - Where victim is unable by reason of trauma, shock or other disability, to make a choice of preferring appeal, those who are in a position to do so on her or his..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Laws of inheritance merely stipulated the priority of succession to property of deceased, cannot possibly have been intended to be solely determinative of entitlement to exercise the rights of victim on his/her death in criminal trial process - A criminal offence results in personal injury to victim, which in no way..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Locus standi of private parties - Maintainability - Presumption of innocence in favour of accused after acquittal was sought to be protected by not only subjecting the appellant remedy to leave to Court but also restricting this remedy to only hands of State and complainant - Standing of private third party to..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
