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1 - 8 of 8 (0.53 seconds)Subedar Tewari vs State Of U.P. And Ors. on 3 November, 1988
In the matter of Subedar Tewari vs. State of U.P.
and others reported in AIR 1989 SC 733 it had been held by the Hon'ble
Apex Court that the evidence regarding existence of motive which operates
in the mind of the assassin is very often than not within the reach of others.
The motive may not even be known to the victim of the crime. The motive
may be known to the assassin and no one else may know what gave birth to
the evil thought in the mind of the assassin. A crime can take place even
without premeditation or pre-planning in the context of a particular
situation, on the spur of the moment.
Section 313 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
Promode Dey vs State Of West Bengal on 22 March, 2012
In the
matter of Promode Dey vs. State of West Bengal, reported in (2012) 4 SCC
559, it was decided by the Hon'ble Supreme Court that non-collection of FSL
report might be a defect of investigation which could not result in acquittal
of an accused against whom enough evidence was available for conviction.
This principle has also been repeated and reiterated by the Hon'ble Apex
court in a number of decisions time and again. In the instant case, we find
from the record that investigating officer though seized bloodstained weapon
of offence, blood stained earth, bloodstained apparels etc. but there was
nothing on record to show that he ever took any initiative to get those
examined in the Forensic Serological Laboratory and collect the FSL report.
This shows omission rather negligence on the part of the I.O. and defect in
investigation.
The Code of Criminal Procedure, 1973
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