Criminal Procedure Code, 1973, Section 210, 223, Indian Penal Code, 1860, Section 302 -- Complaint case and FIR arising out of the same incident - Version in complaint case and FIR totally different - Both cannot be clubbed if the version in the two cases are materially different, contradictory and mutually exclusive - Two trials should be conducted by the same presiding..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 395, 295 -- Anti Sikh riot case - Framing of charge - If on the basis of material on record Court prima facie finds that accused has committed an offence, it can frame charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution has relied heavily on circumstantial evidence - Both Courts below have examined entire evidence with great care and caution and have reached conclusion that murder has been committed by none other than appellant herein - Held, approach of Courts below is in consonance with well..........
Indian Penal Code, 1860, Section 302, 34, 323 -- Murder - Testimony of eye witnesses natural and trustworthy - Medical evidence corroborates story of PWs 1 to 3 - Testimony of eye witnesses could not be shaken in cross examination - Role of wife and prior common intention not proved - Conviction of husband, upheld and that of wife set aside...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - To be awarded in rarest of rare case - Five family member were roasted to death as accused poured petrol and set the house on fire when family members were having food - Accused closed the door of the room - Death Sentence upheld - Held, Murder was committed..........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 302 -- Criminal Investigation - The fate of a serious case like murder should not be allowed to hinge on faulty investigations - It becomes the duty of the trial court to be a mere spectator, what goes on in the name of trial - Trial judge has to control the trial by active application of mind,..........
Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 302 -- Transfer of trial - Murder case against sitting MLA and three others - Sitting MLA belonged to the party in power - Complainant sought transfer of trial to some other State - Complainant has alleged that the investigating agencies in connivance with the state govt. wanted to shield sitting..........
Criminal Procedure Code, 1973, Section 439, 100(4), Indian Penal Code, 1860, Section 302, 304 -- Murder - Conviction - Appeal - Suspension of sentence - Applicant has already undergone six years three months and five days of imprisonment and his behaviour is satisfactory - There is no other case pending against him - Petitioner belongs to a lower strata of society - Appeal..........
