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1 - 10 of 14 (0.22 seconds)Section 227 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
State Of Orissa vs Debendra Nath Padhi on 29 November, 2004
27. Learned counsel for the complainant in his
arguments relied upon the judgment of Hon'ble Apex
Court in the case of Bharat Parikh vs. C.B.I. and
Crl.RP.No.744/2018
C/w Crl.RP.No.669/2017
35
Ors. reported in MANU/SC/7850/2008 wherein,
the Hon'ble Apex Court after referring to its previous
judgment in the case of State of Orissa vs.
Debendra Nath Padhi reported in AIR 2005 SC
359, was pleased to observe that at the stage of
framing charge roving and fishing inquiry is
impermissible and a mini trial cannot be conducted at
such stage.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Sanju @ Sanjay Singh Sengar vs State Of M.P on 1 May, 2002
With great respect to the said judgment, it is
submitted that in the very same judgment, the
Hon'ble Apex Court has also observed that none else
than the wife of deceased was shown to have stated
that the deceased always remained in a drunken
condition. Thus, the Hon'ble Apex Court was also
pleased to hold that it is common knowledge that
Crl.RP.No.744/2018
C/w Crl.RP.No.669/2017
24
excessive drinking leads one to debauchery. It clearly
appeared, therefore, that the deceased was a victim
of his own conduct unconnected with the quarrel that
had ensued on 25-7-1998, where the appellant was
stated to have used abusive language. With the said
observation, taking the totality of materials on record
and facts and circumstances of case into
consideration, Hon'ble Apex Court was pleased to hold
that it was deceased and he alone, and none else, was
responsible for his death.