Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - Evidentiary value - Statement of any witness recorded by police officer during course of investigation is not a substantive piece of evidence and same can be used only for limited purpose of contradicting prosecution - No sanctimony has been attached to statement of a witness recorded by police..........
Criminal Procedure Code, 1973, Section 161 -- Delayed examination of witnesses - PW2 reported the case on 31.1.2007 who stated that he reported the case as per information given to him by PWs 1 and 3 - Statement of PW1 recorded on 12.2.2007 and statement of PW3 recorded on 6.2.2007 - Held, the delayed examination of two witnesses creates a serious doubt regarding their..........
Criminal Procedure Code, 1973, Section 161 -- Delay of more than two years in recording statement of witnesses u/s 161 Cr.P.C. - There was resistance within the police against investigation and it was only account of intervention by Supreme Court that there was progress in the investigation and the statement of witnesses came to be recorded by I.O. - No ground as not to..........
Criminal Procedure Code, 1973, Section 161, 162 -- Omission in statement u/s 161 Cr.P.C. - Unless omission in statement recorded u/s 161 Cr.P.C. of a witness is significant and relevant having regard to the context in which the omission occurs, it will not amount to contradiction to the evidence of the witness recorded in Court...........
Criminal Procedure Code, 1973, Section 319, 161, 162 -- Summoning of additional accused - Opposite parties cannot be summoned as an additional accused...........
Criminal Procedure Code, 1973, Section 319, 161 -- Additional accused - Held, mere recording of statement of petitioner u/s.161 Cr.P.C. does not preclude police from adding petitioner as accused later on...........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Victim survived - His statement is only previous statement and relevant u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C. - Not substantive evidence - Trial Court committed serious illegality by relying upon the statement recorded u/s 161 Cr.P.C...........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........
