RANVIR YADAV versus STATE OF BIHAR

RANVIR YADAV versus STATE OF BIHAR

Serious lapse occurred as no incriminating material was put to the accused during Section 313 Cr.P.C. examination; conviction based on such examination is bad in law and requires interference.

Parties
Appellant: Ranvir Yadav; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction Under Section 302 Ipc, From Patna High Court Judgment Dated 29.09.2000
Outcome
Appeal partly allowed. Conviction recorded by High Court set aside.
Legal Topics
Examination of Accused Under Section 313 Cr.p.c., Conviction Under Section 302 IPC, Procedural Fairness in Criminal Trials
Criminal Law Examination of Accused Under Section 313 Cr.p.c. Conviction Under Section 302 IPC Procedural Fairness in Criminal Trials

Case Brief

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Parties

Ranvir Yadav

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Under Section 302 Ipc, From Patna High Court Judgment Dated 29.09.2000

Legal Issues

  1. 1 Whether incriminating materials were put to the accused during examination under Section 313 Cr.P.C.
  2. 2 Whether conviction could be sustained when Section 313 Cr.P.C. was not properly complied with

Ratio Decidendi

Serious lapse occurred as no incriminating material was put to the accused during Section 313 Cr.P.C. examination; conviction based on such examination is bad in law and requires interference.

Court Disposition

Appeal partly allowed. Conviction recorded by High Court set aside.

Orders

  • Conviction under Section 302 IPC set aside.
  • Bail bonds executed in pursuance of bail order dated 8.1.2002 stand cancelled due to acquittal.