Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Murder of wife by administering poison - Accused acquitted - Held, in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. against the weight of evidence or if the findings so outrageously defies logic as to suffer from the vice of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354 -- Murder - Death sentence - Entire family of three persons consisting of mother and two children wiped out in a brutal manner to grab property - Crime committed and executed after closing the doors - 37 knife injuries inflicted on three innocent persons and that too on vital parts - Held, it..........
Criminal Procedure Code, 1973, Section 437, 439 -- Review of order of cancellation of bail by Supreme Court - Exemption from arrest also sought - Held, accused ought to have surrendered or taken in custody because of cancellation of bail - Review petition dismissed with direction to CBI to execute order of Court forthwith...........
Criminal Procedure Code, 1973, Section 378 -- High Court in an appeal against acquittal reversed the acquittal as trial court misread the evidence and acquitted the accused - Held, High Court justified in re-appraising the evidence and to interfere if the view taken by the trial court was not possible on evidence and was on the contrary perverse...........
Civil Procedure Code, 1908, Order 10, Rule 2, Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195 -- Examination of a party U.O.10.R.2 CPC - False answers given - Court cannot prosecute that party u/s 340 Cr.P.C. read with S.195 IPC...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Transfer sought on ground of inconvenience - Held, inconvenience alone is not a sufficient ground for transfer - It must be shown that trial in the chosen forum will result in failure of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Mere allegation that there is apprehension that justice will not be done, is not a basis for transfer - Held, apprehension must be reasonable...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - 3 accused person killing 6 persons and wiping almost whole family on ground of honour saving of family - Though, it is a rarest of rare case to award capital punishment - Accused were awarded capital punishment by trial court, but they were acquitted by High..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Interference by appellate court on the quantum of sentence should be rare and only in exceptional cases...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 374 -- Death of a woman by burning - In the dying declaration she stated that burnt herself as she had quarrel with accused (husband) - Trial court convicted and sentenced accused to four years - High Court enhanced sentence to 6 years - Held, enhancement of sentence not justified - Trial court..........
