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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Sovaran Singh Prajapati – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. appellant killed wife and daughter (Para 2) |
| 2. post-mortem findings (Para 3 , 5 , 6 , 7 , 8 , 9) |
| 3. fair trial principles (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 4. appeals allowed (Para 36 , 37) |
ORDER :
SANJAY KAROL, J
1. These appeals arise out of judgment and order dated 1st October 2018 passed by the High Court of Judicature at Allahabad in Capital Case No.2611 of 2017 and Reference No.05 of 2017. The impugned judgment of the High Court confirmed the judgment of conviction dated 28th February 2017, and the sentence of capital punishment imposed vide judgment dated 1st March 2017 upon the appellant by the Additional Sessions Judge, Mainpuri in Sessions Trial No.377/2014, titled State v. Sovaran Singh, under Sections 302 and 201 of Indian Penal Code 18601[for short ‘IPC 1860’].
FACTS AND PREVIOUS PROCEEDINGS
2. Brief Facts, as allegedly set out by the prosecution, are that in the intervening night of 29th - 30th of June 2014, the appellant returned home in an inebriated state, also carrying two bottles of liquor which he then consumed along with his father. Sometime later, a
The right to a fair trial includes effective legal representation; procedural irregularities in the trial process necessitate a retrial.
(1) Examination of accused – Public Prosecutor is under obligation to remain present when examination of accused is made to assist Court.(2) Right to get legal aid is a fundamental right of accused, ....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
(1) Justice is not intended to be imparted to one party of lis only.(2) Attempts to expedite process of trial should not be at expense of basic elements of fairness and opportunity to Accused on whic....
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