Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Constitution of India, 1950, Article 21 -- Fair trial - Principles of fair trial - Fair and just investigation is starting point of fair trial process - This process is a triangulation of rights of accused, victim and community that acts through the state and prosecuting agencies - Process of investigation and trial must be completed with promptitude - Trial Judge has to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Criminal Procedure Code, 1973, Section 24 -- Duty of prosecutor - Prosecutor must examine all angles, collect all relevant evidence and produce the same before Court for determination of guilt or lack thereof...........
Criminal Procedure Code, 1973, Section 237 -- Recording of evidence in presence of accused - Presence of accused`s counsel during recording of statement is necessary...........
Criminal Procedure Code, 1973, Section 303 -- Change of accused counsel - Sufficient time should be provided to counsel to prepare case and conduct the same on behalf of his client - Adequacy of time depends on facts and circumstances of cases...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising power u/s 482 Cr.P.C, will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint...........
