Criminal Procedure Code, 1973, Section 401, Opium, Opium Act, 1878, Section 9(a) - - Conviction - Revision against - Whenever a public witness had not been joined, it should be explained as to why it has not been so done. If the explanation is not satisfactory, in a given fact the Court can well draw the inference that prosecution evidence does not rest at sound footing...........
Indian Penal Code, 1860, Section 302, 307, 302, 149, 324 -- Grievous injury sustained by accused No.1 during incident - Obligation on prosecution to explain such an injury - Non explanation - Eye witnesses being interested witnesses - Independent witnesses though available, not examined by prosecution - Infirmities in prosecution case - Accused-appellant No.1 held entitled..........
Indian Penal Code, 1860, Section 302, 307 -- Conviction - Appeal - Eye-witnesses stating that accused No.2 stabbed deceased on his abdomen with knife - Their evidence corroborated from Medical evidence as well as post-mortem examination of two deceased - Injuries of accused No.2 are simple and superficial- Case against accused No.2 proved beyond reasonable doubt - His..........
Criminal Procedure Code, 1973, Section 401 -- Opium Act - Section 9 - Conviction - Revision against - If no witness was available; there was no opportunity for the Investigating Officer to join any independent witness. The sworn testimony of police officials cannot be discarded on that ground alone unless there is some infirmity in their statements or they suffer from any..........
Criminal Procedure Code, 1973, Section 228 -- Charge - Framing of - At the initial stage, one has not to scrutinize the evidence in detail with an eye of ultimate conviction that may or may not ensue. The standard of proof required at initial stage is different. At this stage a strong suspicion found on material may permits the court, if prima facie case is drawn, to frame..........
Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Motive - Lack of proof of motive does not, by itself, weaken or effect other circumstances which have been mentioned in proving the guilt of the accused. It cannot be said that if the prosecution fails to prove motive for commission of offence, it must result in benefit of doubt to the accused - Motive..........
Criminal Procedure Code, 1973, Section 401 - - Prevention of Food Adulteration Act, 1954, Section 16 - Revision against conviction - Test for colour by paper Chromatography - Held that paper chromatography test is not sufficient to detect the presence of permitted coaltar dye. (Page 8)..........
Criminal Procedure Code, 1973, Section 222 -- Penal Code, 1860, Sections 302 and 306 - Appeal against conviction - Appellant convicted under Section 302 by Sessions Judge - High Court setting aside his above conviction and convicted him under Section 306 IPC - Held that Section 222 Cr.P.C. entitles a Court to convict a person of an offence which is minor in comparison to..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Section 18 Criminal Procedure Code 1973 - Section 313 - Appeal against conviction - Affidavit - Link Evidence - Contents of two affidavits of Constables tendered by prosecution, not put to the accused, when examined under Section 313 of Criminal Procedure Code - Accused convicted and sentenced - Held that this..........
Criminal Procedure Code, 1973, Section 360, 401 -- Penal Code, 1860, Section 382 - Conviction - Revision against - The petitioner arrested after four months of incident - Was found to be in possession of stolen property with the knowledge that same was stolen - Held that both the Courts below fell in error in appreciating the evidence available on the record and the..........
