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Aug 14 1968

Mohd. Ibrahim Vs. State

Court : Delhi

Decided on : Aug-14-1968

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 235, 240 and 243; High Court Rules and Orders; Code of Criminal Procedure (CrPC) , 1898 - Sections 516-A and 517

Reported in : AIR1969Delhi315; 1969CriLJ1377

in spite of their acquittal.13. Appeals allowed. Criminal - counterfeit coins - Sections 235, 240, and 243 of Indian Penal Code,1860 - possession of instrument and coins - recovered article could nto be produced before Court - case … coins and knowing that these instruments were intended to be so used and thereby committed an offence under Section 235, I. P. C.3. According to the prosecution story, on 25-12-1959 at about 6 P.M., Bakshi Isher Dass, who

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Dec 07 1955

Chandi Prasad Singh Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Dec-07-1955

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 234, 235, 307 and 342; ;Indian Penal Code (IPC), 1860 - Sections 235, 408, 409 and 477-A

Reported in : AIR1956SC149; 1956CriLJ322; (1956)IMLJ88(SC); [1955]2SCR1035

234, 235, 307 and 342 of Criminal Procedure Code, 1898 and Sections 235, 408, 409 and 477-A of Indian Penal Code, 1860 - secretary of company arrested for misappropriation of money - tried by jurors and assessors - acquitted - … charged with three offences under section 409 and one under section 477-A. But the case is governed by section 235, as the several offences under sections 409 and 477-A arise out of the same acts and form part

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Oct 26 1999

Balbir Vs. State of Haryana and Another

Court : Supreme Court of India

Decided on : Oct-26-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 220(1), 223 and 311; Code of Criminal Procedure (CrPC) , 1898 - Sections 235(1) and 239; Indian Penal Code (IPC), 1860 - Sections 302

Reported in : AIR2000SC11; 1999(2)ALD(Cri)869; 2000CriLJ169a; JT1999(8)SC403; RLW2000(1)SC28; 1999(6)SCALE600; (2000)1SCC285; [1999]Supp4SCR120

order that the bail-bond executed by him will stand cancelled. Criminal - reasonable doubt - Section 302 of Indian Penal Code, 1860 - appeal against conviction - Court should be absolutely certain that police officials and real culprits have entered … point out that the same expression is employed in Section 220(1) of the Code also (corresponding to Section 235(1) of the old Code). The meaning of the expression 'in the course of the same transaction' used in

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May 20 2003

Vahaji Ravaji Thakore Vs. State of Gujarat

Court : Gujarat

Decided on : May-20-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2) and 374(2); Indian Penal Code (IPC), 1860 - Sections 302; ;Bombay Police Act, 1951 - Sections 37(1) and 135; Evidence Act - Sections 27

Reported in : 2004CriLJ119; (2004)1GLR777

which accused No. 1 is convicted under Sec. 235(2), Cr.P.C. for the offences punishable under Sec. 302 of the Indian Penal Code, 1860 (For short 'I.P.C.') and also under Sec. 135 of the Bombay Police Act, 1951 (for short the 'B.P.Act') … muddamal Axe and stick respectively were traced and that articles were recovered and seized under discovery Panchnama under Section 27 of the Indian Evidence Act. Thereafter when accused No. 1 was on police remand, on 2/10/1993, at

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Feb 09 1979

Rajendra Prasad Vs. State of Uttar Pradesh Overruled

Court : Supreme Court of India

Decided on : Feb-09-1979

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 84, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 129, 234, 235(2), 354, 354(3), 360, 366, 366(1), 367, 367(1), 367(5) and 368; Code of Criminal Procedure (CrPC) , 1898 - Sections 367; Constitution of India - Articles 14, 19 and 21

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

upon conviction of a person for having committed an offence of murder punishable under s. 302 of the Indian Penal Code, 1860, and by putting a restrictive construction on the words "special reasons" appearing in s. 354, sub-s. (3) of … XXVIII of the Code. The procedure prescribed for the trial of sessions cases is contained in Chapter XVIII. Section 235 which is relevant for this purpose reads as under:- "235(1) After hearing arguments and points of law(if any),

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Oct 27 1995

M.A. Waheed Vs. the State

Court : Andhra Pradesh

Decided on : Oct-27-1995

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304A and 337; Code of Criminal Procedure (CrPC) , 1973 - Sections 235, 235(2), 248, 248(2), 360 and 401

Reported in : 1996(1)ALD(Cri)387; 1996(1)ALT(Cri)359; 1995CriLJ1059

Crl. Revision Case is partly allowed. 11. Order accordingly. Criminal - hearing - Sections 304A and 337 of Indian Penal Code, 1860 and Sections 235, 235 (2), 248, 248 (2), 360 and 401 of Criminal Procedure Code, 1961 - Trial … : 1981CriLJ726 : 'The obligation to hear the accused on the question of sentence which is imposed by Section 235(2) of the Criminal Procedure Code is not discharged by putting a formal question to the accused as to

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May 11 1999

Jai Kumar Vs. State of M.P.

Court : Supreme Court of India

Decided on : May-11-1999

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302 and 201; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 313 and 3543); Evidence Act

Reported in : AIR1999SC1860; 1999(2)ALD(Cri)600; 1999CriLJ2569; 1999(3)Crimes120(SC); JT1999(3)SC504; 1999(3)SCALE600; (1999)5SCC1; [1999]3SCR426; 1999(2)LC1149(SC)

Court. This appeal, therefore, fails and is dismissed. Criminal - death sentence - Sections 201 and 302 of Indian Penal Code, 1860 - appeal against confirmation of Order of death sentence by High Court - it is only rarest of … basic issue of punishment ought to be assessed.9. Turning attention on to the issue as regards non-compliance of Section 235(2) of the Code Mr. Muralidhar contended that there has been a violation of the mandatory legal requirement of

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May 04 1979

Dalbir Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : May-04-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 366(1), 368 and 374(2); Indian Penal Code (IPC), 1860 - Sections 302; Constitution of India - Article 141

Reported in : AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059; AIR 1979 SC 1384

may also venture to say, the obsession to get the death penalty abolished from the Statute Book, i.e., Indian Penal Code, 1860, is so great that an interdict against it is surprisingly spelt out from the Constitution itself because right … culturisation of the judicial art of interpretation and choice from alternatives. If the court reads the text of Section 302 Penal Code, enlightened by the fundamental right to life which the Father of Nation and the founding … error. The forensic exercise at the sentencing stage, despite the purposeful Section 235(2) Cr.P.C, has been a functional failure because of the casual way the

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Feb 26 1990

In Re: Baskar

Court : Chennai

Decided on : Feb-26-1990

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 235, 235(2), 354 and 354(3)

Reported in : 1991CriLJ535

life. The reference is answered accordingly. 29. Order accordingly. Criminal - murder - Sections 302 and 307 of Indian Penal Code, 1860 - reference on award of death penalty to accused - accused killed 3 persons - nothing to prove … provision and it cannot be treated as a mere formality. The decision taken without following the requirement of Section 235(2) of the Code in letter and spirit, would vitiate the sentence of death. In support of the above

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Oct 08 1954

Kunjilal and anr. Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Oct-08-1954

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 332 and 392; Code of Criminal Procedure (CrPC) , 1898 - Sections 235(1), 236, 237, 403(1) and 403(2)

Reported in : AIR1955SC280; 1955CriLJ730; [1955]1SCR872

We accordingly dismiss the appeal. 8. Appeal dismissed. Criminal - public servant - Sections 332 and 392 of Indian Penal Code, 1860, Sections 235 (1), 236, 237, 403 (1) and 403 (2) of Criminal Procedure Code, 1898 - appellant caught … distinct offence for which a separate charge might have been made against him on the former trial under section 235, sub-section (1).' 7. The appellants were not tried again for the same offence as contemplated under section 403(1)

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