compulsive behaviour of psychopath affords no
protection under Section 84 of the IPC. The mere fact
that the accused is conceited, odd, irascible ... queer, cannot be sufficient to
attract Section 84 of the IPC. The standard to be
applied is as to whether according to the ordinary
standard
VIVEK VIHAR
U/s 302/382/411 IPC
JUDGMENT
Standards of proof to convict a person on circumstantial
evidence has been couched by the Apex ... importance.
As borne out of the report under section 173 of the Code of
Criminal Procedure 1973 (in short the Code), the accused Ameerrudin
violation
of 8th and 14th Amendments (c) the evolving standards of
decency arguments had been substantially under cut in the
last four years because ... arbitrary and
capricious action, the bifurcated trial with standards
modelled after the Modern Penal Code juries gave just such
guidance. [155F-G; 156A]
Observation
carrying out this duty under the Indian Penal Code . The
impossibility of laying down standards is at the very core
of the criminal ... done in the Model
Judicial Code would not serve the purpose." After
disapproving laying down of standards the learned Judge
proceeded "The exercise
Prior to the coming into force of Section 354(3) of the
Cr.P.C., a question of lack of principled approach in imposing ... standards or policy to guide the judiciary in imposing its
discretion. Rejecting this contention, the Supreme Court had held
that :
(i) The Penal Code provided
America in
McGauthn v. California(1) whether in tile absence
of any standards for deciding when the accused
should be sentenced to death ... attempt towards standardization was strongly
criticised by the majority who pointed out that tile
Craftsmen of the Model Judicial Code had
expressly agreed with
Pagla Baba And Anr. vs The State on 2 January, 1957
Equivalent citations: AIR1957ORI130, 1957CRILJ769
witnesses given in
Court...."
An order under Section 319 of
the Code, therefore, should not be passed
only because the first informant ... conviction. Whether a
higher standard be set up for the purpose
of invoking the jurisdiction under
Section 319 of the Code is the question
against the revisionists-accused which is of the standard fixed for exercising the powers under section 319 Cr.P.C. Further the trial ... statements recorded under section 161 Cr.P.C. It is also worth to mention that previously application under section 319 Cr.P.C. in respect
America in
McGauthn v. California(1) whether in tile absence
of any standards for deciding when the accused
should be sentenced to death ... attempt towards standardization was strongly
criticised by the majority who pointed out that tile
Craftsmen of the Model Judicial Code had
expressly agreed with
