A court cannot convict a person without carefully examining the matter drafted by Himanshu Garg, a student at Maharashtra National Law University Aurangabad
SHIVNATH PRASAD v. THE STATE OF BIHAR (2008) 15 SCC 735
One man, Shivnath Prasad (Appellate Leader), was arrested for rash and negligent driving under sections 279 and 304A of India’s 1860 Criminal Code. The appellant was sentenced by the lower court to a simple prison sentence of six months and one year. He appealed to the judge for additional districts and sessions, but the court sentenced and sentenced the appellant as well. The Complainant has now appealed to the Hon’ble Supreme Court to contest the order of the Patna High Court’s Single Judge Bench.
- Was the complainant who was convicted and convicted under § 279 and 304A IPC justified?
- Will the lower and high courts convict a person with adequate evidence on the matter?
JUDGMENT WITH REASONS
Appellant’s learned attorney said in the Hon’ble Supreme Court that there are many disabilities that the High Court failed to notice:
- The autopsy report of the deceased is not available.
- The investigator, doctor and informant were not examined.
- There are also prosecution witnesses 3 who said he was the deceased person’s son and not the informant.
- Prosecutor’s 4 witness claimed to be an eyewitness to the crime but was not investigated at the trial.
- It is important to note that the prosecutor’s attorney mentioned that there were five eyewitnesses while three of their testimony did not support the prosecution.
- The applicant’s learned attorney also said the Hon’ble High Court reached its decision without going through all of the necessary examinations. It is not valid under Sections 397 and 401 of the 1973 Code of Criminal Procedure.
- According to § 397 Cr. PC “The high court or a trial judge can request and review a record of a trial in an inferior criminal court in its local jurisdiction for the convenience of itself. to the veracity, legality, or adequacy of any findings, judgments, or orders recorded or passed, and to the regularity of any proceedings by any such inferior court. “
- And according to Section 401 of Cr. PC the High Court has “powers of appeal”. And for the interests of the judiciary to do so, the High Court can treat the petition for appeal as an appeal and treat it accordingly.
- After all of the applicant’s learned attorney had argued, the Hon’ble Supreme Court ultimately dismissed the High Court’s order and referred the matter for reconsideration in accordance with the law.