Criminal trial -- Protection of law - Capital Punishment - Right to accused - Ending someone`s life is one of gravest crime that a person may commit and so even accused is entitled to protection of law ensuring that process that condemns him as `convicted of an offence', is free from procedural irregularities and blemishes which may call into question the credibility of..........
Indian Penal Code, 1860, Section 34 -- Common intention - For convicting accused with aid of S.34 IPC, prosecution must establish prior meetings of minds - It must be established that all the accused had preplanned and shared a common intention to commit crime with accused who has actually committed the crime - It must be established that criminal act has been done in..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder - Allegations by complainant in the beginning relating to involvement of applicants is vague and was disbelieved by I.O while declaring them innocent - Death of deceased is stated to be because of poison, which was administered at the house of accused persons, who had faced the trial,..........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appreciation of materials on record for the purpose of forming a definite opinion with respect to question as to whether an accused person had played roles or not, in the crime concerned, is not permissible while considering an application for grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
Police Clearance certificate and Non-involvement in offence (NIO) certificate -- Person who is accused of an offence is entitled to an NIO certificate, but by incorporating the details of crime and offence that he is charged with - Prayer of petitioner for an NIO certificate without incorporating the details of crime rejected. (Kerala Police Act, 2011, S.59)..........
Criminal Procedure Code, 1973, Section 107 -- Preliminary order passed u/s 107 Cr.P.C - Allegation against petitioner is one of rape as against defacto complainant in the first crime and second it is the same de facto complainant who alleges that petitioner had threatened her - Said facts does not justify invocation of S.107 Cr.P.C - Preliminary order passed u/s 107..........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
