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SachIn Jana and anr. Vs. State of West Bengal
Supreme Court of India
Jan-25-2008
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 148, 149, 302, 307, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 232
2008(1)ALD(Cri)496; 2008(3)ALT(Cri)444; 2008(56)BLJR1029; (2008)2CALLT8(SC); 2008CriLJ1596; JT2008(2)SC103; 2008(2)SCALE2; (2008)3SCC390; 2008AIRSCW885; (2008)2SCC(Cri)45; 2008(1)Crimes342; 2008(2)LH(SC)902
short 'IPC'). After recording evidence the Trial Court acquitted six persons under Section 232 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') and the rest 14 were convicted. 2. Prosecution version in a nutshell is as … for offence punishable under Sections 148, 323, 324 and 307 read with Section 149 of the Indian Penal Code, 1860 (in short 'IPC'). After recording evidence the Trial Court acquitted six persons under Section 232 of the
Tag this Judgment! AI Brief & AskK. Moidu Vs. State of Kerala
Kerala
Jun-26-2009
Criminal
Kerala High Court Act - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 227, 228, 231, 232, 232(1), 233, 233(1), 233(3), 234, 243, 243(1), 247, 313, 342, 465 and 537; Code of Criminal Procedure (CrPC) , 1898 - Sections 289, 289(1), 289(2), 289(3), 289(4) and 290; Indian Penal Code (IPC) - Sections 306
2009CriLJ4045; 2009(2)KLJ744
by a Sessions Court after closing fee evidence of the prosecution under Section 231 of the Code of Criminal Procedure, 1973 (for short 'the Cr.PC.') and before proceeding to hear arguments under Section 234 Cr.P.C? What is the … after closing fee evidence of the prosecution under Section 231 of the Code of Criminal Procedure, 1973 (for short 'the Cr.PC.') and before proceeding to … Bali felt that the question whether the trial is vitiated for mere non-observance of the procedure prescribed under Section 232 Cr.P.C deserves consideration by a Division Bench for an authoritative pronouncement Accordingly, the matter was referred to a
Tag this Judgment! AI Brief & AskSangappa Nigappa Malabadi Vs. State of Maharashtra
Mumbai
Aug-04-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 232, 313 and 465; Evidence Act, 1872 - Sections 3 and 9; Indian Penal Code (IPC), 1860 - Sections 34, 302, 326, 332 and 353
1987(1)BomCR576
new provisions of section 232 introduced in the Code of Criminal Procedure, 1973, it is better that the trial Judges hear the prosecution and the … purpose of vexation or delay or for defeating the ends of justice.'The corresponding provisions in the Code of Criminal Procedure, 1898 (V of 1898), were embodied in section 289. The said section read as follows :---'289. In every … delay or for defeating the ends of justice.'The corresponding provisions in the Code of Criminal Procedure, 1898 (V of 1898), were embodied in section 289. … the recording of prosecution evidence and examining the accused and did not record the findings as required under section 232 Cri.P.C. before calling upon the accused to enter on their defence, the whole trial has been vitiated and
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Kammari Brahmaiah and ors. Vs. Public Prosecutor, High Court of A.P.
Supreme Court of India
Feb-03-1999
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 225, 232, 233, 237, 238, 255(1), 271(1), 313, 464, 535 and 537; Indian Penal Code (IPC), 1860 - Sections 34, 114, 148, 149, 302 and 325
AIR1999SC775; 1999(1)ALD(Cri)366; 1999(1)ALT(Cri)143; 1999CriLJ1134; JT1999(1)SC259; 1999(1)SCALE235; (1999)2SCC522; [1999]1SCR361
535 and 537 are combined as Section 464 in Criminal Procedure Code 1973) and observed that 'the Code is a code of procedure and, like … Vie State of Madhya Pradesh : 1956CriLJ291 , wherein the larger bench has elaborately discussed the provisions of Section 232, 233, 237 238, 535 & 537 of the Criminal Procedure Code 1898 (Section 232, 535 and 537 are … under Section 302 read with 149,5. For deciding this contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of , or error in, charge - … contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of
Tag this Judgment! AI Brief & AskPublic Prosecutor, High Court of Andhra Pradesh Vs. V.M. Ramaswamy and ...
Andhra Pradesh
Sep-05-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 99, 299, 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 232, 235(2), 313, 360 and 378(1)
1995(1)ALT(Cri)259; 1995CriLJ1905
and 304 of Indian Penal Code, 1860 and Sections 232, 235 (2), 313, 360 and 378 (1) of Criminal Procedure Code, 1973 - respondents charged with murder - Sessions Judge acquitted them - appeal preferred against Order of acquittal … pronounce the judgment under Section 235(1) Cr.P.C. But glaringly the learned Sessions Judge has invoked the provisions under Section 232 Cr.P.C. for acquitting the accused. To remind him of the correct implication of Section 232 Cr.P.C. the repetition … in the following terms : 'commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years
Tag this Judgment! AI Brief & AskLallan Rai and ors. Vs. State of Bihar
Supreme Court of India
Nov-14-2002
Criminal
Indian Penal Code (IPC) - Sections 33, 34, 37, 149, 302, 307, 324, 325 and 326; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 232(2), 535 and 537(6); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 464
AIR2003SC333; 95(2003)CLT553(SC); 2003CriLJ465; [2003(1)JCR129(SC)]; JT2002(9)SC334; (2003)1SCC268
and fair to the vast mass of the people for whose protection penal laws are made and administered. Criminal Procedure Code is a procedural law and is designed to further the ends of justice and not to frustrate them … rather lucid in its expression as regards differentiation between Section 149 and Section 34 of the Indian Penal Code. In Mohan Singh this Court stated:'.... Like Section 149, Section 34 also deals with cases of constructive criminal … Code of 1898, whereas Brahmaiah (supra) has considered the new Code of 1973 and after adumbrating the observations of Willie Slaney, this Court in Brahmaiah … Sub-section (2).'31. Incidentally, Section 464 corresponds to the provisions contained in Section 232(2), 535 and 537(6) of the old Code.32. It is in this context
Tag this Judgment! AI Brief & AskSunder @ Lala Vs. State
Delhi
May-11-2009
Criminal
Evidence Act 1872; Code of Criminal Procedure (CrPC) , 1973 - Sections 232 and 354; Indian Penal Code (IPC) - Sections 34, 201, 302 and 498A; Constitution of India - Article 21
160(2009)DLT701
the Code of Criminal Procedure 1973 contains provisions relatable to trial before a Court of Sessions. As per Section 232, being a part of Chapter XVIII of the Code of Criminal Procedure 1973, if after taking the evidence … determined, at a criminal trial, with reference to the provisions of the Evidence Act 1872. The Code of Criminal Procedure 1973 governs the procedure to be followed at criminal trials. 3. Chapter XVIII of the Code of Criminal … procedure established by law. 2. Pertaining to offences under the Indian Penal Code, the various sections thereof enumerate offences contemplated by the legislature. The ingredients
Tag this Judgment! AI Brief & AskPriya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...
Mumbai
Feb-06-1995
Criminal
Constitution of India - Article 21; Indian Penal Code (IPC), 1860 - Sections 34, 71, 109, 114, 218, 363, 366, 376, 392, 409, 420 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 173, 211, 212, 216, 217, 218, 219, 220, 221, 222, 223, 226, 227, 228, 229, 230, 231, 232, 233, 234, 234(1), 235, 235(1), 236, 237, 239, 253, 253(1), 254, 255, 256, 257, 258, 277, 325, 349, 360, 397, 397(1), (2) and (3), 464 and 482
1995CriLJ3683
acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction … order, the present revision is not tenable as it is barred under the provision of section 397(2) of the Criminal Procedure Code. A reliance has been placed on the case of V. C. Shukla v. State through C.B.I. : 1980CriLJ690 … examination of witnesses. Provisions of Section 231 Cr.P.C. deals with recording of the evidence for prosecution. Provisions of Section 232 Cr.P.C. deals with the acquittal of the accused. It speaks that if after recording the evidence for the … charged for the offence punishable under S. 376 of the Indian Penal Code (on five occasions) and other applicants were charged for the offences punishable
Tag this Judgment! AI Brief & AskState of Kerala Vs. Sherin
Kerala
Jul-27-2005
Criminal
Probation of Offenders Act, 1958 - Sections 3, 4, 5, 6, 11, 11(2) and 11(3); Indian Penal Code (IPC) - Sections 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 16(1), 232, 313(1), 378, 377, 377(1), 378, 378(3), 386, 389, 390, 391, 397, 401, 401(2), 401(3) and 401(4)
2005CriLJ4696
only with leave of this Court. Section 377 of Criminal Procedure Code 1973, introduces news right of appeal which was not earlier available under the … Code do not limit or take away the powers of this Court under Sections 397 and 401 of the Criminal Procedure Code. In Sahab Singh v. State of Haryana, : 1990CriLJ1202 the Supreme Court has held as follows (para 4) … all the incriminating circumstances brought against him. Since no grounds were made out to acquit the accused under Section 232, Cr.P.C., he was called upon to enter on his defence. No defence evidence was adduced Exts. Dl to … that he committed an offence punishable under Section 302 of Indian Penal Code.2. The prosecution case was that at about 8.20 a.m. on 21-11-1995 the
Tag this Judgment! AI Brief & AskManikandan and ors. Vs. the Chairman, Tamil Nadu Uniformed Services Re ...
Chennai
Feb-28-2008
Criminal
Tamil Nadu District Police Act, 1859; Chennai City Police Act - Sections 9; Madras City Police Act; Tamil Nadu Special Police Subordinate Service Rules, 1978 - Rule 14; Tamil Nadu Special Police Subordinate Service (Amendment) Rules, 2003; Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules - Rule 3; Tamil Nadu Civil Service (Discipline and Appeal) Rules - Rule 17; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rules 14 to 18, 19; Defence of India Rules; Constitution of India - Articles 14, 16, 20(2), 309 and 311; Indian Penal Code (IPC) - Sections 34, 147, 148, 160, 294, 304, 307, 323, 324, 332, 336, 341, 342, 397, 427, 429, 435, 447, 448, 506(1), 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 227, 232, 235, 239, 244, 245, 248,
(2008)2MLJ1203; 2009(3)SLJ259(NULL); 2008(5)AIRKarR61
and 'an acquittal on benefit of doubt'.22. The Code of Criminal Procedure, 1973, refers to 'acquittal' under Sections 232, 235, 248, 255 and 300. The … aforesaid Rules.21. It is contended by the learned Senior Counsel appearing for the petitioners that the Code of Criminal Procedure recognises only one type of acquittal and that the Code does not create a dichotomy between what has … them being traffic, municipal and other petty offences under the Indian Penal Code, mostly committed by the young and/or the inexperienced. The cruel result of … case and the documents submitted, he considers that there is no sufficient ground for proceeding against the accused. Section 232 enables a Court of Sessions to order the acquittal of a person, if after taking the evidence for
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