...judgment-writer and which, owing to li is death, remained unsigned after having been faired out. Notes were made by the Bench reader of he disposal of the cases, and in some of these the learned J...that the judgment of every trial in any criminal court of original jurisdiction shall be pronounced. In open court and section 367 which provides that the written judgment should be dated and sign...the presiding officer in open court, do not apply to a High Court. Chapter 26 applies to judgments delivered by criminal courts of original jurisdiction. Section 424 of the Act makes the ...

...imprisonment for 10 years for the offence under Section 392 IPC.13. While dealing with the reference under Section 366 of the Criminal ...offence punishable under Section 396 of the Penal Code, 1860 (for short “IPC”). According to the prosecution, two more persons were involved in the offence in question viz. Shishu Ram alias Shishu...may be stated here that in his statement recorded under Section 313 of the Code, A-1, Pratham has denied that he made any such statement. This retraction further makes a dent in the alleged extra...

...interference of this Court. Section 366 of the Criminal Procedure Code only imposes ...him and place it on the record. Section 537-A, Criminal Procedure Code, cures all omissions in proceedings, and the omission to pronounce the judgment before co...the record. According to Black on Judgments (volume I, section 125), “the power of supplying a new record, where the original has been lost or destroyed, is one which pertains to courts of general...

...trial court made a reference to Section 366 of the Criminal Procedure Code, 1973 (in short “the Code”) for confirmation of the death sentence. ...respondents. The trial court had found the accused Chamru guilty of offences punishable under Sections 302, 307 and 324 of the Penal Code, 1860 (in short “IPC”). He was awarded death penalty for ...Dr. Arijit Pasayat, J.— Challenge in these appeals is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur directing acquittal of the...

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...Hon'ble the Chief Justice. For the time being, we adjourn this confirmation case till 11 January 2019. To be listed under the caption of direction.2. In view of ...are received and it is not necessary to keep the reference under section 366 of the said Code for admission. We find that notice of confirmation reference/case has not been issued to ...Indian Penal Code as the accused Nos. 1, 3 and 4 have been convicted by the Sessions Court for the offence punishable under the said section. Criminal Writ Petition Nos. 1181/201...

...allowed to be represented by their pleaders and were absent even on the date when the judgment against them was pronounced by the trial Court. In the context of the above facts the compla...the petitioner under section 342, Criminal Procedure Code the trial Court, instead of personally examini..., the accused in person must be questioned under section 342, Criminal Procedure Code to enable him to explain ...

...neck with a knife.4. The Sessions Judge did not deem it safe to place reliance on the evidence of PW 1 but accepted the evidence of PW 2 in full and the evidence ...reasons for allowing the appeal against acquittal by the State.2. The respondent accused was charged under Section 302 of the Indian Penal Code for having commi....12. The Sessions Judge was fully justified in accepting the evidence of the disinterested witnesses and finding the accused guilty and convicting him under ...

...Criminal Procedure Code, of the offence punishable under section 302 of the Penal ...235(1) of Criminal Procedure Code, of the offence punishable under section 302 of ...Nazir Javed Khan, is convicted under section 235(1) of Criminal Procedure Code, of the offence punishable under...

...1. In terms of sub-section (1) of section 366 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”), the Ses...this case to this Court as the accused Nos. 1 and 2 have been sentenced to death for the offence punishable under section 302 read with section 34 of the Penal Code, 186...(1) of section 366 provides that when a Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be ...

...persons and reference being made for confirmation of death sentence under Section 366 of the Criminal Procedure Code affirmed the conviction of all the...of the society and they having killed the 3 civilians without any provocation and resistance, the case should be held to be one of the rarest of rare cases in which the accused p...criminal act perpetrated by several persons will arise under Section 34 of the Indian Penal Code only where such criminal act is done in furtherance of a common intention of ...

...criminal reference was submitted by the trial court under Section 366 of the Criminal Procedure Code, 1973 (for short, ‘the CrPC’) for confirmation of ...confirming the death reference under Section 366 of the CrPC.CASE OF THE PROSECUTION4. FAMILY CHART....Code, 1860 (for short, ‘the IPC’) respectively.2. The convict was awarded death penalty with fine of Rs. 20,000/- by the trial court for the offence punishable under...

...plain that the confirmation provision cannot be said to be a mere matter of procedure. The provision confers substantive rights on the parties to the proceeding and therefore, amendment has to be ...S.N Jha, J.:— This is a reference under Section 20 read with Section 17 of the Indian Divorce Act, 1869 (‘the Act’ for short). Section 20 as it stood prior to the...subject to confirmation by the High Court, and the provisions of Section 17, Clauses (1), (2), (3) and (4), shall mutatis mutandis apply to such decrees. I shall refer to Section...

...upon the appellant, the learned Sessions Judge, Nagapattinam, referred the matter for confirmation to the High Court under Section 366 of the Criminal Procedure...under Section 307; for causing hurt during robbery under Section 394 and for robbery or dacoity with attempt to cause death under Section 397 of the Penal Code, 1860 (hereinafter referred to as “I...Sessions Court or the High Court. As a matter of law it is imperative for a criminal court to consider vide Section 354(3) CrPC, the “special reasons” for imposing the death sentence. It is not...

...Sessions Court for confirmation of the capital sentence under Section 366 of the Criminal Procedure Code, 1973 (CrPC). Time and again this Court has pointed out that on ...on record whether conviction of the condemned prisoner is justified and the sentence of death should be confirmed. [See : Bhupendra Singh (supra)]60. In Jumman (supra), this Cour...not bother to exercise its jurisdiction vested in it under Section 366(1) CrPC read with Sections 368 to 370 and 392 CrPC in letter and spirit and thereby, in our opinion, shirked its responsibility while deciding the refer...

...as convicts and allowed class ‘C’ facilities. The petitioners in para 8 of the rejoinder have stated that after the order of this court dated 30th January 1986 some of the facilities ment...22nd January 1986 the Additional Sessions Judge who tried the case pronounced the judgment. He found the petitioners guilty of the offence charged with and sentenced them to death.9....persons to jail custody under a warrant. The warrant of commitment under the sentence of death is to be in form No. 40.11. Section 368 of the Code of ...

...Section 302/34 of the Indian Penal Code, appellant no. 3, Manoj Rai has been convicted under Section 302 simplicitor. All of them have been awarded death sentence. ...heard along with the appeal.2. On 20.1.95 at 9.30 A.M one Manoj Kumar Rai of village Dhamaun, PS. Patori, District-Samastipur gave his fardbeyan before the Sl. D.N Jha, Officer Incharge...of Patori Police Station, in which he stated that in the preceding night his father Kameshwar Rai left for Bathan where he used to sleep situated 500 yards away, after taking meal.3...

...the impugned judgment persuades us to come to the conclusion that the High Court has miserably failed in discharging its power under Section 386 of the Code of Criminal ...parameters, the conclusion becomes irresistible that the High Court as a court of appeal has failed to exercise its power under Section 386 of the Code of Criminal ...out of the house through the roof as deposed to by PWs 1 and 3 and the accused has also admitted in his statement under Section 313 of the Code of Criminal ...

...offence under section 302 of the Indian Penal Code and sentenced him to be hanged by neck till death. The appellant was convicted under section 307 ...some of the witnesses already examined are required to be cross-examined afresh maintaining the earlier cross-examination conducted by the defence counsel. We do find that some of the witnesses, n...for securing justice are not denied to any citizen by reason of economic or other disabilities. Section 304 of the Code of Criminal ...