Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 307 - Application for Bail - On the basis of medical opinion the plea of the convict that injuries sustained by the injured were simple in nature - There was also observation of the doctor that all the injuries on the person of the injured were on vital parts - Held that the observations of the doctor..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance enhancement of - Learned Chief Judicial Magistrate enhancing the maintenance awarded to the respondents under Section 127 Cr.P.C. from the date of application - Held that the Learned Chief Judicial Magistrate has not fallen into any error in awarding enhanced maintenance from the date of petition...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code,1860, Sections 326/324/323/148 read with Section 149 - Revision against conviction - Statement of injured on oath has been fully corroborated by the eye witnesses and the medical evidence - Moreover in the case of an injured witness, there is an oblique chance of false, implication of a stranger - No infirmity found..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Petitioner challenging the relationship with respondent - As not legally wedded wife - Concurrent finding of a fact in respect of relationship of petitioner by trial court by Additional Sessions Judge in revision - Held that a back door entry can hardly be permitted by taking shelter under Section 482 of the..........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code -- Sections 228 & 240 - Framing of charge - If on the allegations of the report, supported by documents, a triable issue arises in favour of the complainant, which should be investigated at the full length trial, the Court should be armed with a power to frame the charge, though it must not behave like post office at the whims of the complainant..........
Criminal Procedure Code, 1973, Section 313 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 - Appeal against conviction - Link evidence - Prosecution tendered in evidence the two affidavits - One sworn by MHC incharge Malkhana with whom case property including the sample was stated to be deposited - The second affidavit sworn by the constable who had..........
Criminal Procedure Code, 1973, Section 133, 401 -- Revision - Once Civil proceedings are pending between the parties before a Civil Court of law and the same subject matter of dispute is in question, the provisions of Section 133 Cr.P.C could not come into play for determining the civil rights of the parties...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 418 - Revision against conviction - Petitioner convicted under Section 420 IPC by JMIC - Additional Sessions Judge convicting him under Section 418 IPC on the plea of its being lesser offence than that of Section 420 IPC and no prejudice is caused to the petitioner - Held ingredients of Section 418 IPC..........
Criminal Procedure Code, 1973, Section 313 -- Confessional statement made by co-accused Exhibit PF never put to the petitioner when his statement under Section 313 Cr.P.C. recorded - Held these provisions are not the idle formalities - Which are supposed to be respected by trial Court - By not affording opportunity to the petitioner to explain his conduct with regard to..........
