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Ranjan Dwivedi Vs. Union of India (Uoi)
Supreme Court of India
Apr-26-1983
Criminal
Constitution of India - Articles 21, 22(1), 32, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 304(1) and 395; Indian Penal Code (IPC) - Sections 120B and 302
AIR1983SC624; 1983CriLJ1052; 1983(1)Crimes1170(SC); 1983(1)SCALE487; (1983)3SCC307; [1983]2SCR982
justice - Articles 22 (1), 32, 39A and 227 of Constitution of India, Sections 304 and 395 of Criminal Procedure Code, 1973 and Sections 120B and 302 of Indian Penal Code, 1860 - whether right to be defended by … is to make an application before the learned Additional Sessions Judge under Sub-section (1) Section 304 of the CrPC, 1973 to provide him with free legal aid and it is for the learned Additional Sessions Judge to be
Tag this Judgment! AI Brief & AskDineshbhai Dhemenrai Vs. State of Gujarat
Gujarat
Jul-31-2000
CriminalNarcotics
Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio
(2001)1GLR603
well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded
Tag this Judgment! AI Brief & AskT. Suthendraraja and Another Vs. State of Tamil Nadu and Others
Chennai
Aug-09-1994
Criminal
Constitution of India - Articles 21, 22, 22(1), 39, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 303, 304 and 304(2); Tada - Sections 15
1995CriLJ1496
by sub-section (2) of Section 304 of the Code of Criminal Procedure, 1973, the High Court, with the previous approval of the Government of Tamil … already prescribed under Rule 9 of the Legal Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of Government depending upon the nature, importance … under Rule 9 of the Legal Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of Government depending upon the nature, importance
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Joseph Vs. State of Kerala
Supreme Court of India
Feb-05-1992
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302, 304 and 326; Code of Criminal Procedure (CrPC) , 1973 - Sections 379; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970;
AIR1994SC34; 1994CriLJ21
the provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Criminal Procedure Code, 1973. The sole appellant was tried by the Sessions Judge, Kottayam for an offence punishable under Section 302, … Appellate Jurisdiction) Act, 1970 read with Section 379 of the Criminal Procedure Code, 1973. The sole appellant was tried by the Sessions Judge, Kottayam for … Section 302, I.P.C. and the sentence of imprisonment for life awarded thereunder. Instead we convict the appellant under Section 304, Part II, I.P.C. and sentence him to five years' R.I. 4. The criminal appeal is disposed of accordingly.
Tag this Judgment! AI Brief & AskDharam and ors. Vs. State of Haryana
Supreme Court of India
Dec-08-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 96, 97, 99, 100, 102, 105, 148, 149, 300(4), 302, 304, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
AIR2007SC397; 2007CriLJ791; JT2007(1)SC299; 2006(13)SCALE280; 2006AIRSCW6298; (2007)1Crimes363(SC); 2007LawHerald(SC)1028; 2007(1)KCCR701(SC);
105, 148, 149, 300(4), 302, 304, 323 and 324 of Indian Penal Code, 1860 - Section 313 of Criminal Procedure Code (CrPC), 1973- Whether or not appellants had assaulted deceased and his party in exercise of right of private defence -
Tag this Judgment! AI Brief & AskV.D. Chaudhary Vs. State of U.P. and anr.
Supreme Court of India
Sep-01-2005
Criminal
Indian Penal Code (IPC), 1860 - Sections 304, 304A and 338; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 82 and 83
AIR2005SC3270; 2005CriLJ3753; JT2005(8)SC101; (2005)12SCC304
for bail was initially rejected. Non-bailable warrant and process under Sections 82 and 83 of the Code of Criminal Procedure, 1973 (in short the 'Code') were issued. Subsequently he was arrested. It was submitted for the accused that … of offences punishable under Sections 304A and 338 of the Indian Penal Code, 1860 (in short the 'IPC'). After investigation charge sheet was filed under … offence punishable under Sections 304A and 338 IPC. On a reading of FIR and other documents offence under Section 304 could appear against the accused but 'surreptitiously' the same has been converted into offence under Section 304 IPC.
Tag this Judgment! AI Brief & AskRadha Sasidharan Vs. State of Kerala
Kerala
Jun-08-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 304, 328, 415, 416, 419, 420, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 214, 215, 222, 222(1) and 222(2)
2006CriLJ4702; 2007(4)KLT268
compared to that under Section 304 I.P.C. Therefore, this Court shall invoking Section 222 of the Code of Criminal Procedure, 1973 convict the appellant on that count. As it was felt by the Court that there is evidence … was acquitted and the appellant/first accused was convicted of offences punishable under Sections 419 and 304, Indian Penal Code. She is sentenced to undergo rigorous imprisonment for two years under the first count and for another term
Tag this Judgment! AI Brief & AskShri Harendra Nath Borah Vs. State of Assam
Supreme Court of India
Jan-24-2007
Criminal
Indian Penal Code (IPC), 1860 - Sections 299, 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 197
JT2007(2)SC404; 2007(2)SCALE319; 2007AIRSCW4631; (2007)1Crimes303(SC); 2007LawHerald(SC)551; 2007(2)KCCR1148.
and conviction was vitiated. Further no sanction was obtained as required under Section 197 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The stand of the respondent-State on the other hand was that the evidence … High Court upholding appellant's conviction under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life as … may be termed as 'culpable homicide of the second degree'. This is punishable under the first part of Section 304. Then, there is 'culpable homicide of the third degree'. This is the lowest type of culpable homicide and
Tag this Judgment! AI Brief & AskBudhi Lal Vs. State of Uttarakhand
Supreme Court of India
Sep-26-2008
Criminal
Indian Penal Code (IPC), 1860 - Sections 299, 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
AIR2009SC87; 2008(57)BLJR223; 2009CriLJ360; 2008(12)SCALE848
deceased and the accused were last seen and in the examination under Section 313 of the Code of Criminal Procedure, 1973 (in short `the Code'), the accused had accepted that he and the deceased were sleeping together in … 8 of 1986 for offence punishable under Section 302 the Indian Penal Code, 1860 (in short `IPC'). The appellant was sentenced to undergo rigorous imprisonment … may be termed as `culpable homicide of the second degree'. This is punishable under the first part of Section 304. Then, there is `culpable homicide of the third degree'. This is the lowest type of culpable homicide and
Tag this Judgment! AI Brief & AskK. Gopala and ors. Vs. State of Karnataka by Women Police Station, Shi ...
Karnataka
Jul-03-2012
Criminal
Indian Penal Code (IPC), (IPC) 1860 - Sections 498A, 304-B, 34; Code Of Criminal Procedure (CrPC), 1973 - Sections 397, 401; Dowry Prohibition Act, 1961 - Sections 3, 4
restored. [ANAND BYRAREDDY, J.] Indian Penal Code, (IPC) 1860 - Sections 498A, 304-B, 34; Code Of Criminal Procedure (CrPC), 1973 - Sections 397, 401; Dowry Prohibition Act, 1961 - Sections 3, 4 -- The Sessions Court in turn … (Prayer: This Criminal Revision petition is filed under Section 397 read with 401 Criminal Procedure Code, 1973, by the advocate for the petitioners praying that this Honble Court may be pleased to set aside
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