Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
Ramesh Chand Malviya
Brajesh Kumar @ Birjesh Kumar Singh S/O Sri Narayan – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction details and charges against the accused (Para 2 , 6) |
| 2. contentions regarding trial court errors and amalgamation (Para 3 , 4 , 5) |
| 3. legal principles on fair trial and evidence procedure (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's order for retrial and procedural compliance (Para 12 , 13) |
JUDGMENT :
Ramesh Chand Malviya, J.
Heard Mr. Krishna Prasad Singh, learned Senior counsel for the appellant assisted by Ms. Meena Singh, Advocate and Mr. Z. Hooda, APP for the State.
2. The present appeal arising out of the judgment and order dated 19.12.2012 passed by learned Adhoc Additional Session Judge-III, Munger whereby and where under the appellant has been sentenced to undergo rigorous imprisonment of 10 years for the offence punishable under Section 304 B of the Indian Penal Code (hereinafter referred as “IPC”) and rigorous imprisonment for 2 years and fine of Rs. 1,000, in default of payment of fine, rigorous imprisonment for 30 days for the offence punishable under Section 498A of the IPC.
3. Learned counsel for the appellant submits that the impugned judgement of conviction and order of sentence are not sustainable in the eye of law or on facts. Learned trial Court h
The amalgamation of distinct trials is illegal, violating the accused's right to a fair trial and resulting in a failure of justice.
The court affirmed that distinct offences must be tried separately, and evidence from one case cannot be improperly introduced in another, rendering the convictions resulting from such procedure inva....
The judicial principle disallows consolidating cases with contradictory accounts to ensure fair trials and prevent confusion.
(1) Evidence recorded in a criminal trial against any accused is confined to culpability of that accused only and it does not have any bearing upon a co-accused, who has been tried on the basis of ev....
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....
It is well settled that, One is required to consider entire evidence as a whole with other evidence on record.
Examination-in-chief – Witnesses - Merely providing a witness in such a situation for cross-examination would be of no consequence because witness has to be re-heard keeping in view principle of de n....
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
