Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of mother of deceased/PW3 - Significant improvements and omissions in the evidence of PW3 - Said omissions are so relevant that they become contradictions in view of S.162 Explanation Cr.P.C - Testimony of PW3 not reliable...........
Indian Penal Code, 1860, Section 304(Part I), 304A -- Nature of offence - Appellant being qualified medical practitioner instructed staff nurse to administer an injection over telephone which injection when administered to patient, apparently reacted resulting into his death - Registration of FIR u/s 304(Part I) IPC and subsequent submission of police report u/s 173(2)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Relief u/s 125 CrPC can be granted to wife or child and not to husband...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - It is not necessary for accused to show actual prejudice but a likelihood of conflict of interest would in itself be enough to preclude an advocate from appearing for opposite party since an advocate is required to maintain highest traditions of bar...........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - Apprehension of petitioner as to likelihood of bias or conflict of interest on part of counsel, who has been appointed as a Special Public Prosecutor to conduct the case on behalf of State prosecution in connection with earlier case is misplaced - Not only are victim and..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
