Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133 -- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders -..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 313 -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Statement of accused u/s 313 Cr.P.C. - Object is to establish a direct dialogue between the court and the accused - Omission on the part of trial court to put question of an inculpatory material in the prosecution evidence - Held, it will not ipso facto result in the..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - As per evidence on record, all eye-witnesses resiled from their statements - However, when accused was examined u/s 313 Cr.P.C. but no question with regard to motive put to accused - If motive is proved that will supply a..........
Indian Penal Code, 1860, Section 498A, 313 -- Cruelty - Ill treatment of pregnant wife - Wife administered medicines which according to medical experts were dangerous - Wife compelled to undergo abortion - It is cruelty - Charge u/ss 498-A, 313 IPC rightly framed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 313 -- Rape - Prosecutrix remained with accused for four days - Whether a consenting party? - Plea of consenting party not taken in statement u/s 313 Cr.P.C. - Plea cannot be taken in appeal against conviction...........
Criminal Procedure Code, 1973, Section 313 -- Circumstances about which accused was not asked to explain - Any of the circumstances which the accused was not asked to explain cannot be used against him - Object of examination of accused u/s 313 Cr.P.C. is for the purpose of enabling the accused personally to explain any circumstance appearing in the evidence against him -..........
Criminal Procedure Code, 1973, Section 313 -- Omission to put to accused a question on a vital circumstance against him - If any material is not put to accused while recording his statement u/s 313 Cr.P.C. that material should not be taken into consideration - Where such an omission has occurred it does not ipso facto vitiate the proceedings and prejudice caused by such..........
Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 320 -- Conviction and sentence u/s 313 IPC - Compounding of offence - Offence u/s 313 IPC not compoundable - Finding of acquittal cannot be recorded in favour of accused - However, taking into consideration that parties are already married the sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 3, 113B, Criminal Procedure Code, 1973, Section 313 -- Dowry death - Burden of proof - Once prosecution proves ingredients of offence, presumption arises that accused had caused dowry death and then it is for accused to rebut presumption - When accused..........
