Allahabad High Court expresses concern over delay in disposal of criminal appeal; says speedy trial is a right Under Article 21 Light Dark The Allahabad HC on Friday, November 17th, acquitted a man who was in jail for 21 years for a murder crime that happened in The case was pending before the Court since for disposal.
Political battles are increasingly being fought with bullets and not with ballots. Innocent lives are lost and in some cases of those who have no role to play therein. The two accused-appellants Ruli Ram and his son Ramesh were said to be responsible for taking away their lives. The trial court i.
The trial court awarded sentence of 10 years R. Filtering out unnecessary details, the prosecution version is as follows: PW3 Dharampal informed him about the incident and he found the accused-appellants running away from the spot.
Effort was made to take out the two victims out of the water and later on they were taken to the hospital where they were declared dead. The act was stated to be on account of refusal by PW2 and his family members to vote in favour of candidate supported by accused-appellants.
On the date of the incident, election to the panchayat was being held. The accused-appellants wanted the informant and his family members to vote for their candidate, but on their refusal to do so, accused-appellants took their revenge in the manner as aforesaid.
On the basis of the information lodged, investigation was undertaken, arrests were made and charge-sheet was placed. Because the incidents were closely linked, common trial was held, where the accused- appellants and 10 others faced trial. While the case of the accused-appellants related to the commission of alleged offence punishable under Section IPC, the other accused persons faced trial and were held guilty for commission of other offences with which the present appeals are not concerned.
The accused-appellants as well as the State filed appeals before the High Court. By a common judgment High Court disposed of the appeals.
While appeal filed by the accused-appellants was dismissed, that of the State as indicated above was allowed. Judgment in said appeals is the subject-matter of challenge in the present appeals.
In support of the appeal, learned counsel for the accused-appellants submitted that the evidence is so sketchy that no credence can be put on it.
In Virsa Singh vs. State of Punjab, (AIR SC ), Vivian Bose, J. speaking for the Court, explained the meaning and scope of clause (3). It was observed that the prosecution must prove the following facts before it can bring a cause under Section , ‘thirdly". Mills Ltd. Vs Virsa Singh Sidhu, () 17 SCC argued that when disputed questions of fact have been raised in the complaint petition it may not be a proper course for an exercise of jurisdiction under Section of CrPC and the adjudication of the disputed facts should be left for trial in regular course. The Judge bench of Justice Narayan Shukla and Justice Chandra Dhari Singh set aside conviction and life imprisonment imposed by the trial court on Ram Lakhan, saying that the case has been pending before the court since and the accused had already spent 21 years in jail.
The witnesses were partisan and biased, more particularly in the background of almost admitted political enmity. The scenario as projected by the prosecution is highly improbable.
It was submitted that the maximum sentence of 10 years was awarded by the Sessions Judge and the same is highly disproportionate.
In this context it was pointed out that one of the accused-appellants Ruli Ram is presently 80 years old. In response, the learned counsel for the State submitted that the case is clearly covered under Section IPC. Evidence of the witnesses is unimpeachable.
It was submitted that there is no scope for applying Section Part II IPC because the said provision is applicable only when any of the exceptions to Section covers the case.
Strong reliance is placed on Harendra Nath Mandal vs. State of Bihar [ 1 Crimes ].Mar 22, · It is possible that something was said to Garib Singh either by Sarwan Singh when he found him in, the company of his adversaries, or, before that, by Ram Singh and Bhagat Singh which impelled Garib Singh to attack Sarwan Singh., These, however, are matters of pure conjecture.
The Judge bench of Justice Narayan Shukla and Justice Chandra Dhari Singh set aside conviction and life imprisonment imposed by the trial court on Ram Lakhan, saying that the case has been pending before the court since and the accused had already spent 21 years in jail.
In re Thavamani. 8. read with sections the main distinction between sections and is the higher degree of probability of death resulting from the act of the accused in case of murder as defined in section AIR SC Virsa Singh v.
Apr 08, · Virsa Singh v. State of Punjab12 wherein Vivian Bose, J., speaking for a three-Judge Bench, laid down what is required for the prosecution to prove to bring the case under the said clause. It has been stated therein that.
first, it must be established, quite . grupobittia.com is a platform for academics to share research papers. Virsa Singh Valtoha, former SAD MLA, has alleged the police pressure against the party candidates for the election of the Nagar Panchayat Khemkaran, 45 Kilometers, from here.
Today, it was the.