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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PRAMOD KUMAR SRIVASTAVA, RAJESH SINGH CHAUHAN
Anil – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Pramod Kumar Srivastava, J.
1. Heard, Shri Anand Dubey, learned counsel for the appellant, and Shri Vijay Prakash Dwivedi, learned AGA for the State.
2. The present criminal appeal has been preferred against the judgment and order dated 08.09.2015 passed by the learned Additional Sessions Judge, Ambedkar Nagar, in Sessions Trial No. 179/2008, State Versus Anil & others, whereby the appellants namely Anil, Nand Lal, Govardhan, Gena, and Sheela were convicted under Sections 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs.50,000; in default of payment of the fine, they are to Rs.50,000; in default of payment of the fine, they are to undergo a further six months' imprisonment. Additionally, under Sections 201/34 of the Indian Penal Code, they were sentenced to five years' rigorous imprisonment and a fine of Rs.50,000; in default of payment of the fine, they are to Rs.10,000, and in default of payment of the fine, to further undergo three months' rigorous imprisonment, with all sentences running concurrently.
FACTUAL MATRIX
3. The prosecution case, in brief, is that the deceased Bhuila @ Sushila wife of appellant-accused Anil, died
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.
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 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....
(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....
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 failure to put the contents of the dying declarations to the accused under Section 313 CrPC resulted in prejudice to the accused, and the dying declarations could not be used against him in the a....
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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