ABHAY S. OKA, UJJAL BHUYAN
Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Ujjal Bhuyan, J.)
This appeal by special leave arises out of the judgment and order dated 24.11.2011 in Criminal Appeal (SJ) No. 418/2006 passed by the High Court of Judicature at Patna. By the aforesaid judgment and order dated 24.11.2011, a learned Single Judge of the High Court of Judicature at Patna (High Court) dismissed Criminal Appeal (SJ) No. 430 of 2006 (Shiv Narayan Bansal and another Vs. State of Bihar) and Criminal Appeal (SJ) No. 418 of 2006 (Ramji Prasad Jaiswal alias Ramjee Prasad Jaiswal and two others Vs. State of Bihar).
2. In this appeal, we are concerned with the decision of the High Court dated 24.11.2011 in respect of Criminal Appeal (SJ) No. 418 of 2006. The three appellants in this case are:
2. Ashok Kumar Jaiswal, and
3. Bal Mukund Jaiswal.
3. It may be mentioned that appellants along with the appellants of Criminal Appeal (SJ) No.430 of 2006 were tried by the Court of learned Special Judge, Central Bureau of Investigation (CBI), South Bihar, Patna (‘CBI Court” hereinafter) in Special Case No. 52/1983 for allegedly committing offences under Sections 420, 440, 468, 471 and 120B of the Indian Penal Co
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(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
(1) Examination of accused – One of non-negotiable requirements of a fair trial is that accused persons should have ample opportunity to dispel the case and claims of prosecution against them.(2) Tri....
The main legal point established in the judgment is the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence....
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
A confession made under Section 313 Cr.P.C. cannot alone serve as the basis for conviction without corroborating evidence, highlighting the necessity for the prosecution to prove guilt beyond a reaso....
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
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