Back
VIPUL M. PANCHOLI, ANSHUMAN
Md. Nasim – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the judgment of conviction dated 04.09.2017 and order of sentence dated 07.09.2017 passed by learned F.T.C. No. 2, Supaul in Sessions Trial No. 149 of 2016 (G.R. No. 466/2016) arising out of Kishanpur P.S. Case No. 49 of 2016, whereby the concerned Trial Court has convicted the present appellant for commission of the offence punishable under Section 302 of I.P.C. and sentenced him to undergo imprisonment for life.
2. The factual matrix of the present case is as under:—
2.1. The informant Aszadi Khatoon gave written complaint on 10.03.2016 before Kishanpur Police Station, wherein she has stated that on 09.03.2016 she along with her husband Md. Tasrif (deceased) was coming from Tharbitta Station market to her house at Pirganj after buying household articles. At about 03:30 p.m. when she reached near the bridge to the west of the Kosi Dam, all of a sudden accused Md. Naseem appeared from the bamboo grove and stabbed her husband in front of her on the abdomen by a knife and fled away towards the same bamboo grove. She alleged th
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....
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
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....
Inadequate confrontation of the accused with incriminating evidence under Section 313 Cr.P.C. constitutes a violation of the right to a fair trial, necessitating case remittance for proper re-evaluat....
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 prosecution must prove the guilt of the accused beyond reasonable doubt, and any failure in procedural fairness, particularly in the examination of the accused, can lead to the quashing of a conv....
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
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
