In order to attract S 307, the prosecution has to prove, “whoever does any act, with the intention or knowledge, which may cause death and in furtherance to the said intention and knowledge, he was doing an act towards it” None claimed to have seen the appellant firing at police party when the police party […]
Penal Code, 1860 — S. 307 — Requisite ingredients for attempt to murder Read More »
Even after process has been issued against some accused on one date, held, process can still be issued by the Magistrate against some other person against whom there is some material on record, but whose name is not included as accused in the charge-sheet. Lastly, Magistrate or court need not wait till stage of S. 319 CrPC to
It is necessary for reviewing Court to demonstrate the error(s) apparent on the face of the record which warranted the review, with reasons. In the present case, except stating that “it is noticed that there is apparent error on the face of record which calls for interference”, nothing has been mentioned on what was that
Principle of in pari delicto for denial of restitution is applicable where the claimant is more responsible for the illegality or the parties are considered to be equally responsible. In adjudicating a claim of restitution under S. 65 of the Contract Act, held, the court must determine the illegality which caused the contract to become
Principles reiterated regarding exercise of power under the section. Strong and cogent evidence against person(s) concerned sought to be added as accused under S. 319 is necessary. High court failed to consider even basic principles laid down by five-judge bench ruling in Hardeep Singh, (2014) 3 SCC 92- Penal Code 1860, S 302. Appeal allowed.
Criminal Procedure Code, 1973 — S. 319 — Caution in exercise of power Read More »
In this case, it was to be determined that whether the appellant shared common object to murder the deceased victim. Evidence on record established that all accused persons had come to spot with deadly weapons with intention to kill deceased. All accused had fired on deceased with their firearms, as a result of which deceased
Criminal Law — Penal Code, 1860 — Ss. 302/149, 307/149 and 148 Read More »
Requirement of giving reasons for the decision is of the essence and is virtually a part of “due process”. Clarified, however, that while the court is not required to give elaborate reasons while granting bail, an order dehors any reasoning whatsoever cannot result in grant of bail. Where the accused summoned under sec 319 of
In this case, anticipatory bail re FIR under S. 306 IPC was rejected by the High Court. However, herein, while issuing notice, Supreme Court granted interim relief of stay of arrest to appellant. He had enjoyed said relief for last more than 3½ yrs. Consequently, held, without making any reflection on merits of matter, order passed by High
Criminal Procedure Code, 1973 — S. 438 Read More »
(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation. (B) Even if the investigating agency in question, had jurisdiction or retained its jurisdiction, charge-sheet submitted before court which had no jurisdiction in respect of the offence(s) concerned. Thus, default bail claimed on ground that as
Held, having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct. In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, It is further directed that if the appellants
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