Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - High Court while suspending sentence of accused has gone into issues like political rivalry, delay in lodging FIR, some over writings in FIR etc. - All these aspects will have to be looked into at the time of final hearing of appeals filed by accused - Order of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Suit for damages on account of murder of her son - Son of plaintiff who is real brother of deceased/victim directed to be impleaded as LR of plaintiff...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Locus standi - Murder case - Petitioner is real brother of deceased and is vitally interested in a fair trial so that deceased and his family gets justice - Challenge by accused to locus standi of petitioner, rejected...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case outside the State - Murder case - Apprehensions of petitioners, some of which are genuine and can be effectively redressed by issuing appropriate directions - More than 90 witnesses are yet to be examined - Transfer of trial to any other neighboring State will cause serious impediment in deposition of those..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - Complaint lodged after delay of 11 hours - Explanation given for such delay is that accused threatened complainant and PWs that if anyone is going to complaint about incident he would be killed - However, they failed to explain as to how threats or fear of accused disappeared in the morning when..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Accused not afforded sufficient opportunity for explaining incriminating evidence which was used to base his conviction - Requirement of S.313 Cr.P.C. not complied with by trial Court in its spirit - Conviction and sentence, set aside - Matter remitted to Sessions Court for proper examination..........
