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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAUMITRA DAYAL SINGH, GAUTAM CHOWDHARY
Boby – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding procedural flaws and conviction (Para 19 , 20 , 21 , 22) |
| 3. evaluating witness testimonies and their implications (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. insight on the reliability of hostile witnesses (Para 30 , 31 , 32 , 33 , 34) |
| 5. explaining the necessity of fair questioning under section 313 cr.p.c. (Para 36 , 37 , 38 , 39) |
| 6. noting serious prejudice against the appellant due to procedural shortcomings (Para 46 , 47 , 51) |
| 7. conclusion on the appeal and sentence modification (Para 52 , 53 , 54 , 55) |
JUDGMENT :
1. Heard Sri Saurabh Yadav along with Sri Shantanu, learned counsel for the appellant, Sri Patanjali Mishra, learned A.G.A.-I for the State and perused the records.
2. The present criminal appeal has been arisen from judgment and order dated 07.03.2019 passed by Sri Gyan Prakash-III, Additional Sessions Judge, Court No.4, Saharanpur in Sessions Trial No.184 of 2018 (State Vs. Boby and others), under Section 302 IPC, arising out of Case Crime No.434 of 2017, P.S. Rampur Maniharan, District Saharanpur, convicting the accused appellant and sentencing him to undergo life imprisonme
Failure to properly confront an accused with evidence supporting a murder charge violates the principles of natural justice, affecting the trial's validity.
(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....
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 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.
The court established that specific evidence of continuous cruelty or harassment is essential to substantiate charges of dowry death and cruelty under IPC Sections 498A and 304B.
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....
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 failure to properly record the accused's statement under Section 342 J&K Cr.P.C. vitiated the trial, leading to the acquittal of charges due to insufficient evidence.
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