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1 - 10 of 12 (0.29 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 281 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Article 21 in Constitution of India [Constitution]
Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
S.S.R.N. Sarma And Anr. vs Registrar (Administration), High ... on 16 June, 1997
Accused has been found guilty for the offence as seen
above. Ld. MM has observed at page 12 of this impugned
judgment that none of the prosecution witness had been cross
examined by accused which led to an inference that he has
admitted un-controverted and un-rebutted testimony to be
correct. It is observed that PW-3 & PW-9 specifically deposed
that accused appearing in this case was driving the offending
vehicle at a fast speed which was rash and negligent driving
and it was the cause of the accident. Ld. MM, has further found
that since the vehicle of the victim namely Maruti Van was in a
stationery condition when hit by the bus and the witnesses
deposed that bus was driven in a very high speed, an inference
of culpable rash and negligent could be drawn and support
could be taken from Supreme Court judgment titled S. N.
Sharma v State of AP, 1972,SC, 685. It has been further found
that non examination of IO since caused no prejudice to the
accused, he was liable to be convicted.
The Code of Criminal Procedure, 1973
Khatri & Ors. Etc vs State Of Bihar & Ors on 10 March, 1981
Accused is un-represented in this appeal also. Section 304
CrPC provides for a legal aid to an accused who was not
represented by a pleader and further where it appears to the
court that accused had no sufficient means to engage a
pleader. This provision is primarily applicable in a trial
pending before Sessions court. Further clause 3 of this
provision provides that State Government by notification
might direct that the provisions of this section were applied to
other cases of trial before other court. Importance of a fair and
reasonable defence to the accused while facing a charge on a
criminal case has been examined by the Supreme Court in a
case Khatri v State of Bihar, AIR, 1981, SC, 928, where it has
been held that trial is vitiated when the accused persons are
not about free legal assistance and they remained un-defence
Page No. 7
during trial.