Criminal Procedure Code, 1973, Section 235(2), Indian Penal Code, 1860, Section 376, 302, 392 -- Death sentence - Rape and murder - Parties heard on sentence and accused sentenced to death on the same day - Merely because no separate date is fixed for hearing on sentence, it cannot be said that there is violation of S.235(2) Cr.P.C., as there is no mandate in S.235(2)..........
Criminal Procedure Code, 1973, Section 216, 2(wa) -- Victim - Application u/s 216 Cr.P.C. - Father of injured being legal heir, comes in the category of victim' as provided under Cr.P.C. - He thus, has a right to move an application u/s 216 Cr.P.C., before Court...........
Criminal Procedure Code, 1973, Section 216 -- Application u/s 216 Cr.P.C. - Can be filed by victim of a case or legal heirs of victim if public prosecutor fails to perform its duty...........
Criminal Procedure Code, 1973, Section 216 -- Application u/s 216 Cr.P.C. - Cannot be rejected merely because there is some delay in conclusion of trial...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 379, 414, 34 -- Concurrent running of sentences - Theft case - Accused convicted and sentenced in 12 different matters including present case - Total length of sentences in aggregate would be around 19 years - Maximum sentence in respect of present crime is 2 years R.I - All the sentences shall..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 34 -- Addition of new accused - Records and contents of FIR as well as statements made by complainant, prima facie reflects the role of no, applicant in offence - More so, application was not moved at fag end of trial but immediately after statement of complainant - Application rightly,..........
Criminal Procedure Code, 1973, Section 433A -- Remission - Convict is not permitted to submit an application u/s 433-A Cr.P.C. because of sentence imposed by Court - If the imposition of sentence is justified, as a natural corollary principle of remission does not arise - Principle for applying remission arises only after expiry of 14 years if Court imposes sentence of..........
Criminal Procedure Code, 1973, Section 377, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Honour killing - Sentence - Enhancement of - Prosecution preferred an appeal u/s 377 Cr.P.C. before High Court for enhancement of sentence from life imprisonment to death sentence - High Court have power to enhance the sentence from life imprisonment to death sentence...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Concurrent running of sentences - Honour killing - Accused convicted and sentenced to undergo fixed term of 25 years u/ss 302, 34 IPC, and 10 years of R.I u/s 364 IPC and also sentenced to undergo R.I for 4 years u/s 201 IPC and to pay fine of Rs.2000 and in default of payment..........
Criminal Procedure Code, 1973, Section 482 -- Compromise - Non compoundable offence - High Court in exercise of its inherent power can quash criminal proceedings or FIR or complaint - S.320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
