Confession -- Where confession recorded by Magistrate did not indicate that before recording it Magistrate gave accused requisite caution and put questions to satisfy himself that it was being made voluntarily - Mere endorsement u/s 164(4) after recording it would not fulfil the requirement of S.I 64(2) Cr.P.C. - Court is not justified in entertaining confession as a..........
Criminal Procedure Code, 1973, Section 227, 228 -- When the Judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the Court should not be wasted for holding trial only for the purpose of formally completing the procedure to pronounce the conclusion on a future date...........
Criminal Procedure Code, 1973, Section 389(1), 482 -- Conviction and sentence - Suspension during appeal or revision Exercise of discretion - Held, the discretiona-ry powers should rot be exercised in trival matters - Held, in view of the facts of the instant case, the discretionary power to suspend the conviction should not have been exercised - Order suspending the..........
Indian Penal Code, 1860, Section 302, 307, 96 -- Right of private defence - Alleged attack on the appellant who was carrying a gun while sitting on his tractor driven by his driver - Victim party carrying sticks and spear - Prosecution case that appellant in a quarrelsome mood, using abusive language fired - With one shot he injured two members of victim's party and with..........
Indian Penal Code, 1860, Section 420, 409 -- Appellant, Manager of the Mill, in custody and management of huge paddy stocks -1500 quintals of paddy unaccounted for - Disinterest official witnesses - Conviction of the appellant under Section 409 is well justified...........
Indian Penal Code, 1860, Section 100, 102, 304 -- Part I - Right of private defence - Deceased had raised his shoes to beat the accused - Held, that no prudent man can expect a bodily injury by a shoe beating to an extent that it will endanger the life and in exercise of private defence cause grievous hurt with a sharp weapon like a knife - Acquittal by High Court set..........
Indian Penal Code, 1860, Section 147, 148, 302, 149 -- Appellant and four other accused came together and assaulted the deceased and thereafter dragged him on the road and continued to assault him - Evidence of P.Ws corroborated from medical evidence - Held, appellants were members of unlawful assembly and shared a common object to commit murder of deceased - Conviction..........
Constitution of India, 1950, Article 311 -- Service - Termination - On ground of conviction u/s 294 IPC on pleading guilty which per se indicated moral turpitude - Validity - Termination ordered on ground of conviction of servant for offence u/S.294, Penal Code on his pleading guilty on presumption that conviction for offence u/S.294, Penal Code per se indicated moral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 180 bags of poppy husk - Accused persons were allegedly selling poppy husk in a Haveli belonging to different person - Failure of Police officials in proving conscious possession and accused`s control of said article - Merely because accused persons ran away from haveli upon seeing police,..........
Evidence Act, 1872, Section A33, 114 -- Approver - Conviction can be based on uncorroborated testimony of an approver but as a rule of prudence it is unsafe to place reliance on the uncorroborated testimony of an approver...........
