Rajesh Prasad v. State of Bihar
Criminal Law – Acquittal – General principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal – Explained. 2022 (1) SCALE 453
Criminal Law – Acquittal – General principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal – Explained. 2022 (1) SCALE 453
Penal Code, 1860 – Ss. 299 & 300 – Culpable homicide / Murder – Once the prosecution establishes the existence of the three ingredients forming a part of “thirdly” in Section 300, it is irrelevant whether there was an intention on the part of the accused to cause death.
Penal Code, 1860 – Ss. 147, 148, 149, 302, 324, 120B – Murder – Test Identification Parade (TIP) – Whether the accused was identified as the person wielding the sword who gave the sword blow to the Informant and also to the deceased – TIP was unnecessary as the identity of the accused was known to the witnesses and he was specifically identified by the witnesses as the person who wielded the sword and inflicted the injuries – In the face of accused such identification by name in the testimony of the eye witnesses be safely concluded that the failure to conduct the TIP for the accused will not vitiate his conviction. 2021 (9) SCALE 629
Code of Criminal Procedure, 1973 – Section 313 – Penal Code, 1860 – Sections 302 r/w. 34 – Evidence Act, 1872 – Section 3 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Murder – Evidence of a Child Witness – Burn Injuries – Benefit of doubt. AIR 2021 SC 3781