contravened the provisions of Section 342 of the Code of
Criminal Procedure, in omitting to put incriminating
circumstances allegedly appearing in the prosecution
evidence against ... offences punishable under
Sections 302 / 342 / 34 RPC.
Denying the charge, the appellant claimed trial.
Proceeding under Section 512 Cr.P.C, the trial Court
action and initiated proceedings under Section 174 Cr.PC. Based on the evidence recorded during investigation under Section 175 Cr.PC, the police found that ... section and renders the conviction and sentence improper and, thus, deserves to be set aside.
20. Undoubtedly, Section 342 Cr.PC prescribes a procedural safeguard
guilty. He made a long statement when questioned under Section 342 Criminal Procedure Code. He denied that he had made any confession though he admitted ... story put forward by the respondent in his statement under Section 342 Criminal Procedure Code. Finding that there was no extenuating circumstance in the case
examined 9 witnesses. This was after the
accused was examined under Section 342 Cr.P.C. After examining the evidence
CRA No.38/2011 Page ... circumstance was put to the accused/appellant in
his examination under Section 342 Cr.P.C. when he, on the contrary, stated that
he tried
cannot act upon the statement made under Section 342 , Code of Criminal Procedure which is partly inculpatory and partly exculpatory. The peculiar feature ... accused Nos. 1 and 2 on their statement under Section 342 , Code of Criminal Procedure ought not to have been obtained.
16. Since we will
Section 216
of the Code of Criminal Procedure (Central Code) which
correspond to Sections 227 to 230 of the State Code of
Criminal Procedure ... State Code of Criminal
Procedure correspond to Section 216 of the Code of
Criminal Procedure (Central Code) whereas Section 231
of the State Code corresponds
appellants have taken defence in their statements recorded under Section 342
Cr.P.C, that may be the deceased had been killed by militants, meaning ... militants.
30. We are conscious that the statement recorded under Section 342 Cr.P.C of
the accused cannot be made basis for conviction
denied the incriminating evidence
against them in their respective statements under Section 342 Cr.P.C and refused
to enter the defence.
37. Learned trial ... Rachna, wife of the deceased has
admitted in her statement under Section 342 Cr.P.C. that after her marriage with
the deceased, they came
Section 216 of the Code of Criminal Procedure (Central Code) which correspond to Sections 227 to 230 of the State Code of Criminal Procedure ... State Code of Criminal Procedure correspond to Section 216 of the Code of Criminal Procedure (Central Code) whereas Section 231 of the State Code corresponds
incriminating evidence being put to
him in terms of Section 342 Cr.P.C., denied all the allegations
and pleaded his false implication in this ... accused, which he has taken in his statement
recorded under Section 342 Cr.P.C. and further proved it by
producing defence witness namely
