The conviction under section 397 r/w 395 IPC is challenged due to the lack of proper identification parade and dock identification for the first time. Hon’ble Supreme Court accepted the contention challenged and acquitted the accused.
Head note: Hon’ble Supreme court - Facts: Murder for gain - Unlawful assembly not attracted - Test Identification Parade usually conducted immediately after the arrest - Vague and bald statements of the witnesses regarding the injuries caused to them - Confronting s.161 statement - Cannot connect accused with the injuries (crime) - Recovery: It is necessary to examine the person…
BACKGROUND OF THE CASE The Sessions Court convicted the appellant-accused for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’). He was sentenced to undergo life imprisonment for the offence punishable under Section 302 read with Section 34 of IPC. He was sentenced […]
15. PW-15 is the investigation officer in this case. It is quite unfortunate that the investigation officer did not resort to Test Identification Parade in spite of the fact that the accused persons in this case are unknown to the victim. In his entire evidence, PW-15 does not say as to how he came to […]
Test Identification parade (TIP) is not a substantive piece of evidence and it hits under section 162 Cr.P.C.
This text discusses the power of Magistrates to order further investigation in criminal cases until charges are framed, emphasizing…
Case laws regarding 'Murder cases' - exclusive.
Section 304 Part II deals with culpable homicide not amounting to murder. In this case, the deceased tragically lost…
A Miscellaneous Application was filed in the decided case, in light of the order passed on 4th December 2019…
FACTS 2. The Appellant before this Court is a registered medical practitioner who is presently working as an Associate…
Affidavit - Magistrate cannot take proof affidavit except N.I Act
Head note: Apex Court - Appreciation of bail - Bail may be denied if complaint gives prima facie case…
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