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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SUJOY PAUL, AMAR NATH (KESHARWANI)
Sunil S/o Shri Lakhan Verma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
AMAR NATH (KESHARWANI), J.
1. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) against the judgment, dated 29.04.2009 passed in Sessions Trial No. 94/2009 by learned Additional Sessions Judge, Amarwada, District Chhindwara whereby the appellant was held guilty for committing an offence punishable under Sections 302 and 201 of INDIAN PENAL CODE (hereinafter referred as “IPC”) and directed him to undergo sentence of life imprisonment with fine of Rs.1000/- and R.I. for 7 years with fine of Rs. 1000/- respectively, with default stipulation.
2. The prosecution story, in brief, is that on 08.03.2009, information was given by ‘Janpad Sadasya’ Haridas Verman (PW-3) s/o Likhi Ram Verma r/o Babutota on the mobile phone of Inspector Vinod Shrivastav, S.H.O. Amarwada, that in Banjara Mohalla of Village Babutola, a man was murdered and burned by appellant Sunil Verma. On the said information, S.H.O. Vinod Shrivastav (PW-13) has entered that information in Roznamchasanha as entry no. 445 at 07:30 A.M. and proceeded towards the spot to look into the matter. When Inspector Vinod Shrivastav (PW-13) reached the spot at around 09:00
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....
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 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.
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....
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