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G. ANUPAMA CHAKRAVARTHY
Arjun Tiwary – Appellant
Versus
State of Bihar – Respondent
G. Anupama Chakravarthy, J.—Criminal Appeal (SJ) No. 213 of 2004 is preferred by Arjun Tiwary and Criminal Appeal (SJ) No. 90 of 2004 is preferred by Dilkeshwar Tiwary. Arjun Tiwary is the son of Dilkeshwar Tiwary. Both the appeals arise out of the judgment dated 07.02.2004 on the file of First Additional Sessions Judge, Gaya in Sessions Trial No. 12 of 1998/120 of 1998, whereby Arjun Tiwary was convicted under Section 307 of the Indian Penal Code and Dilkeshwar Tiwary was convicted for the offences punishable under Section 307 r/w 34 of the Indian Penal Code and both were sentenced to undergo rigorous imprisonment for a period of seven years.
2. The case of the prosecution, as per the fardbeyan of the injured, Tejeshwar Tiwary, dated 02.10.1997, is that at about 09:00 AM on the same day while he was irrigating his field situated in Saidpur village, P.S. Mohanpur, Gaya District, the appellants Dilkeshwar Tiwary and his son Arjun Tiwary came with pistol and informed him that they will irrigate the fields. The informant objected, stating that he would irrigate the field. On this, Dilkeshwar Tiwary abused him and ordered to shoot firearm, whereupon Arjun Tiwary fired a gunshot at the i
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....
(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 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....
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.
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....
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.
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....
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....
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