Back
SANJAY KAROL, N. KOTISWAR SINGH
Chandan Pasi – Appellant
Versus
State Of The Bihar – Respondent
Certainly! Please provide the legal document content you'd like me to analyze, and I will generate the key points with references as specified.
JUDGMENT :
Leave granted.
2. The present appeals arise from the final judgments and orders dated 4th September, 2024 and 26th September, 2024 passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No.443 of 2017, which affirmed the judgment of conviction dated 27th March 2017 and the order of sentence dated 29th March 2017 passed by the Court of District & Session Judge, Buxar1[Hereinafter referred to as the ‘Trial Court’.] in Sessions Trial No.256 of 2016, whereby a total of six persons were sentenced to life imprisonment along with a fine of Rs.10,000/- each under Section 302/34 of the Indian Penal Code 18602[‘IPC’ for short.], one year simple imprisonment each under Sections 448 & 323 along with Section 34 IPC with all of them running concurrently. Before us are three of the six convicts namely – Chandan Pasi, Pappu Pasi and Gidik Pasi. Here only it may be noted that there was a seventh accused person who was, by the process of law held to be a juvenile and thus dealt with in accordance with the applicable law.
3. By way of a factual background, it shall suffice to take notice of the following:
3.1. On 31st March 2016, the informant Kachan Pasi along with his fathe
(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....
(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....
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....
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....
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
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....
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.
Where there is perfunctory examination under Section 313 Cr.P.C., matter is capable of being remitted to trial court from the stage at which prosecution was closed.
The court determined that inadequate compliance with Section 313 of the Cr.P.C. during trial prejudiced the accused, necessitating a remand for reconsideration under proper procedural safeguards.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
