Criminal Procedure Code, 1973, Section 390, Indian Penal Code, 1860, Section 396, 302 -- Appeal against acquittal in dacoity and murder case - Order of High Court to arrest accused during pendency of appeal - No infirmity - High Court u/s 390 Cr.P.C. has the power to order arrest of accused pending disposal of appeal against acquittal...........
Criminal Procedure Code, 1973, Section 482 -- FIR including the judgment of conviction and the order of sentence, recorded by the trial Court and affirmed by the appellate Court can be quashed at the revisional stage, if the facts and circumstances, of a particular case, so warrant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Compounding of offence - Conviction u/ss 324 & 326 IPC - Order affirmed by appellate Court - Compromise during pendency of revision - Compromise between two warring groups, should be encouraged unless such compromise is abhorrent to lawful composition of the society or would promote..........
Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Act, 1954, Section 13(2), 2(ix)(k) -- Quashing of proceedings - Sample of ghee - Report of public analyst found the sample to be adulterated - Sample also sent to Central Food Laboratory - As per the report of the CFL, sample was not found adulterated but misbranded - Accused contended that..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Murder - Severe contradictions found in evidence of two prosecution witnesses - Presence of eye-witness at spot is also highly improbable - Medical evidence also clearly rules out manner of infliction of injuries - Order of acquittal held, proper...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If on appraisal of the evidence and on considering relevant attending circumstances it is found that two views are possible, one as held by the trial court for acquitting the accused and the other for convicting the accused, in such a situation the rule of prudence should guide the High Court not to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If on appraisal of the evidence and on considering relevant attending circumstances it is found that two views are possible, one as held by the trial court for acquitting the accused and the other for convicting the accused, in such a situation the rule of prudence should guide the High Court not to..........
Criminal Procedure Code, 1973, Section 340 -- Expression of guilt or innocence should not be made by Court while passing order u/s 340 Cr.P.C...........
Indian Penal Code, 1860, Section 307, 332, 452, Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 3 -- Attempt to murder - Appeal against conviction - Appellant/accused attacked and inflicted injuries on victims out of previous animosity - Plea of appellant/accused that no independent witness examined by prosecution - Victims of assault being stamped..........
Criminal Procedure Code, 1973, Section 200, 202 -- Jurisdiction and power of revisional Court - Straightway issuance of summons - Rejection of prayer for ordering investigation - Revisional Court could not and ought not to have straightaway ordered issuance of summons to accused persons - Even the initial order by the magistrate to hold inquiry u/s.202(2) Cr.P.C. without..........