Court : Delhi
..... (presently section 394 of the code of criminal procedure, 1973), the appeal abates on the death of the appellant ..... his widow and two minor sons presented an application under section 439 (presently section 401 of the code of criminal procedure, 1973) in the high court of judicature of kerala against the sessions court judgment praying that the order recording the sale proceeds of the car of the accused which had been seized during investigation be set aside ..... so are there any options available to a trial judge under the code of criminal procedure, 1973 to secure the appearance of witnesses?. ..... without going into the nicety of this too technical contention, we may notice that section 397 of the code of criminal procedure enables the high court to exercise power of revision suo motu and when the attention of the high court was drawn to a clear illegality the high court could not have rejected thereby perpetuating illegality ..... a consolidated final report dated 25th march, 1985 under section 173 of the code of criminal procedure was filed in court. ..... senior counsel appearing for the cbi in crl.a.no.715/2013 and the clubbed appeals, has drawn our attention to the scheme of the code of criminal procedure. ..... we have noted above that the code of criminal procedure as well as indian evidence act, 1872 amply empowers the trial court to take action for ensuring the appearance of the ..... in this context, reference may be made to section 311 of the criminal procedure code which reads as follows: 311. .....
Tag this Judgment!Court : Delhi
..... . (presently section 394 of the code of criminal procedure, 1973), the appeal abates on the death of the ..... . his widow and two minor sons presented an application under section 439 (presently section 401 of the code of criminal procedure, 1973) in the high court of judicature of kerala against the sessions court judgment praying that the order recording the sale proceeds of the car of the accused which had been seized during investigation be set ..... so are there any options available to a trial judge under the code of criminal procedure, 1973 to secure the appearance of witnesses?. ..... . without going into the nicety of this too technical contention, we may notice that section 397 of the code of criminal procedure enables the high court to exercise power of revision suo motu and when the attention of the high court was drawn to a clear illegality the high court could not have rejected thereby perpetuating ..... a consolidated final report dated 25th march, 1985 under section 173 of the code of criminal procedure was filed in court ..... senior counsel appearing for the cbi in crl.a.no.715/2013 and the clubbed appeals, has drawn our attention to the scheme of the code of criminal procedure. ..... we have noted above that the code of criminal procedure as well as indian evidence act, 1872 amply empowers the trial court to take action for ensuring the appearance of the ..... in this context, reference may be made to section 311 of the criminal procedure code which reads as follows: 311. .....
Tag this Judgment!Court : Delhi
..... (presently section 394 of the code of criminal procedure, 1973), the appeal abates on the death of the appellant. ..... his widow and two minor sons presented an application under section 439 (presently section 401 of the code of criminal procedure, 1973) in the high court of judicature of kerala against the sessions court judgment praying that the order recording the sale proceeds of the car of the accused which had been seized during investigation be set aside. ..... without going into the nicety of this too technical contention, we may notice that section 397 of the code of criminal procedure enables the high court to exercise power of revision suo motu and when the attention of the high court was drawn to a clear illegality the high court could not have rejected thereby perpetuating illegality ..... a consolidated final report dated 25th march, 1985 under section 173 of the code of criminal procedure was filed in court. ..... senior counsel appearing for the cbi in crl.a.no.715/2013 and the clubbed appeals, has drawn our attention to the scheme of the code of criminal procedure. ..... fair trial is the main object of criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any manner. ..... coming to the ambit of power of the high court under section 401 of the code, the high court in its revisional power does not ordinarily interfere with judgments of acquittal passed by the trial court unless there has been manifest error of law or procedure. .....
Tag this Judgment!Court : Delhi
..... (presently section 394 of the code of criminal procedure, 1973), the appeal abates on the death of re: sc no.page 74 of 81 the ..... his widow and two minor sons presented an application under section 439 (presently section 401 of the code of criminal procedure, 1973) in the high court of judicature of kerala against the sessions court judgment praying that the order recording the sale proceeds of the car of the accused which had been seized during investigation be set ..... without going into the nicety of this too technical contention, we may notice that section 397 of the code of criminal procedure enables the high court to exercise power of revision suo motu and when the attention of the high court was drawn to a clear illegality the high court could not have rejected thereby perpetuating ..... consolidated final report dated 25th march, 1985 under section 173 of the code of criminal procedure was filed in court. ..... counsel appearing for the cbi in crl.a.no.715/2013 and the clubbed appeals, has drawn our attention to the scheme of the code of criminal procedure. ..... fair trial is the main object of criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any ..... to the ambit of power of the high court under section 401 of the code, the high court in its revisional power does not ordinarily re: sc no.page 36 of 81 interfere with judgments of acquittal passed by the trial court unless there has been manifest error of law or procedure. .....
Tag this Judgment!Court : Delhi
..... (presently section 394 of the code of criminal procedure, 1973), the appeal abates on the death of the appellant. ..... his widow and two minor sons presented an application under section 439 (presently section 401 of the code of criminal procedure, 1973) in the high court of judicature of kerala against the sessions court judgment praying that the order recording the sale proceeds of the car of the accused which had been seized during investigation be set aside. ..... without going into the nicety of this too technical contention, we may notice that section 397 of the code of criminal procedure enables the high court to exercise power of revision suo motu and when the attention of the high court was drawn to a clear illegality the high court could not have rejected thereby perpetuating illegality ..... a consolidated final report dated 25th march, 1985 under section 173 of the code of criminal procedure was filed in court. ..... senior counsel appearing for the cbi in crl.a.no.715/2013 and the clubbed appeals, has drawn our attention to the scheme of the code of criminal procedure. ..... fair trial is the main object of criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any manner. ..... coming to the ambit of power of the high court under section 401 of the code, the high court in its revisional power does not ordinarily interfere with judgments of acquittal passed by the trial court unless there has been manifest error of law or procedure. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2978; 2003(2)ALD(Cri)458; 2003CriLJ3705; 2003(3)JKJ32[SC]; JT2003(6)SC151; 2003(5)SCALE484; (2003)7SCC56
..... , it has to be noted that the accused-appellant ganesan has died on 12.4.2003 and his appeal has abated in terms of section 394 of the code of criminal procedure, 1973 (in short the 'crl.pc').16. ..... these two appeals are directed against the common judgment of the karnataka high court whereby conviction of the appellants under section 302 of the indian penal code, 1860 (in short the 'ipc') read with section 34 thereof and the sentence for imprisonment for life was confirmed ..... far as the accused ganesan is concerned, in view of abatement of his appeal, there is no necessity to consider the plea. ..... section 34 deals with the doing of separate acts, similar or diverse, by several persons; if all are done in furtherance of common intention, each person is liable for the result of them all as if he had done them himself; for 'that act' and 'the act' in the latter part of the section must include the whole section covered by a 'criminal act' in the first part, because they refer to ..... principles of joint liability in the doing of a criminal act is embodied in section 34 of the ipc. ..... charge under section 34 of ipc presupposes the sharing of a particular intention by more than one person to commit a criminal act. ..... to of probability amounts to 'proof' is an exercise the inter-dependence of evidence and the confirmation of one piece of evidence by another a learned author says: (see 'the mathematics of proof ii': glanville williams: criminal law review, 1979, by sweet and maxwell, p.340(342).24. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR163
..... , appeal against conviction and sentence of imprisonment and fine under section 161, penal code and section 5(2) of prevention of corruption act, 1947, after the death of the appellant during the pendency of appeal, appeal did not abate even if the state conceded that the sentence of fine be set aside.in the case before their lordship of the supreme court, the appeal which was preferred by the appellant was not one under section 377 or 378 of the cr.p.c. ..... the deceased khushal preferred the appeal under section 374 and, therefore, it comes under the provisions of sub-section (2) of section 394, cr.p.c. ..... 1 and 2 for permitting him to continue the appeal under section 394 of cr.p.c. ..... , wani, deceased khushal preferred a criminal appeal no. ..... , and, therefore, sub-section (1) of section 394 will not be attracted.the present case would, therefore, be governed by sub-section (2) of section 394 of cr.p.c. ..... because the criminal appeal was preferred against the sentence of imprisonment and fine.7. ..... 7/87 in the court of sessions judge, challenging the conviction and sentence in criminal case no. ..... this criminal application is preferred by shri chandra shekhar s/o khushalrao thamke, the son of the deceased and thereby challenged the order dated 24-1-1991 on the applications filed by the applicant as exh. ..... criminal appl. no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC451; 1979CriLJ207; (1979)1SCC229; [1979]1SCR348; 1979(11)LC63(SC)
..... section 394 of the criminal procedure code which provides for abatement of appeals reads as under :394 ..... section (1) of section 394 will not be attracted the trial for an offence under section 161 ipc and section 5(2) of the act would be governed by the provisions of criminal ..... appeal from a sentence of fine) shall finally abate on the death of the appellant :provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate court for leave to continue to the appeal; and if leave is granted, the appeal shall not abate.explanation-in this section ..... (1) no court shall take cognizance of an offence punishable under section 161 (or section 164) or section 116 of the indian penal code, or under sub-section (2) or sub-section (3a) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction,(a) in the case of a person who is employed in connection ..... appeal under section 377 or section 378 shall finally abate ..... the appellant in this appeal by special leave limited to the determination of the question : whether the sanction is valid in law or not, has been convicted for offences under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947 ('act' for short), and section 161 of the indian penal code, and was sentenced to suffer .....
Tag this Judgment!Court : Karnataka
..... thus, the provisions of law such as section 394 of code of criminal procedure, 1973 providing for abatement of proceedings are universal and time tested. ..... the policy of the state as enacted in statutes which provide for the final abatement of appeals on the death of accused are animated with legislative wisdom & logic. ..... (e) the second contention that the impugned provisions are discriminatory inasmuch as, the abatement of appeal happens in select circumstances, is again bit difficult to countenance. ..... it is relevant to advert to the observations of hon ble justice hidayatullah3: one would expect that an appeal of this character would normally abate on the death of the appellant because a criminal prosecution is concerned primarily with the punishment of an offender and not with the trial of an abstract issue about the truth or falsity of a prosecution case. ..... in reviewing the cases, that court concluded that the lower federal courts were unanimous on the rule to be applied: death pending direct review of a criminal conviction abates not only the appeal, but also all proceedings had in the prosecution from its inception. ..... petitioner argues that to the extent the parliament has not enacted an appropriate provision for continuing the criminal proceedings in general and criminal appeals in particular, despite the death of accused, who has left the persons representing his estate, court should step in and provide a remedy to the aggrieved.4. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR398
..... section 394 of the code of criminal procedure, 1973 (in short, the 'code') deals with abatement of appeals. ..... these aspects were noted by the law commission in its 41st report at paras 31.61 and 31.62 with reference to section 431 of the code of criminal procedure. ..... in terms of sub-section (2) of section 394 every other appeal under chapter xxix of the code, except an appeal from a sentence of fine shall finally abate on the death of the appellant. ..... sub-section (1) of section 394 dealing as it does with appeals against orders of acquittal naturally provides that such appeals must necessarily abate, because the accused person has passed beyond the jurisdiction of the court. ..... in that view of the matter, the appeal abates.the jail criminal appeal is accordingly disposed of.b.p. ..... it provides that every appeal under section 377 or section 378 shall finally abate on the death of the accused. ..... the explanation appended to sub-section (2) of section 394 provides that a 'near relative' for the purpose of the said section means parent, spouse, lineal descendant, brother or sister. ..... it is to be noted here that an appeal against acquittal presented by a complainant under section 378(2) however does not abate on the death of the complainant. ..... however, the proviso and the explanation to section 394 are newly added. .....
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