Indian Penal Code, 1860, Section 302, 448, 34, Criminal Procedure Code, 1973, Section 156 -- Murder - Plea of accused that only Circle Inspector of Police is authorised to conduct investigation and not PSI - Not tenable as in absence of Circle Inspector, PSI has power to investigate the cases registered including the one u/s 302 IPC...........
Criminal trial -- FIR lodged by accused with regard to same occurrence - Failure of police to explain why it was not investigated, coupled with admitted fact that accused were also admitted in the hospital for treatment with regard to injuries sustained in the same occurrence, but the injury report was not brought on record and suppressed by prosecution, creates sufficient..........
Criminal Procedure Code, 1973, Section 53 -- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test set aside...........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court ordinarily looks for some..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of person who translated FIR from Bengali to Nepali Version - FIR was only in respect of information of death - I.O carried investigation de hors version given by informant in FIR - Non-examination of said person does not create any doubt on prosecution case...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent is no doubt mentioned in FIR and overt act is attributed to him - However, during course of investigation, I.O recorded statements of witnesses who stated that respondent was not present at the place of occurrence at the time of incident - Even colleagues of respondent also..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Re-registration of FIR is only procedural act to initiate investigation and trial under the particular act - Re-registration of FIR thus, neither barred nor can be held it as a second FIR...........
Criminal Procedure Code, 1973, Section 167(2), 309 -- Remand - Power of remand in terms of Ss.167(2) and S.309(2) Cr.P.C can be exercised in following circumstances: (i) accused can be remanded u/s 167(2) Cr.P.C during investigation till cognizance has not been taken by Court; (ii) that even after taking cognizance when an accused is subsequently arrested during further..........
