Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | a 1860 - ss.494 Penal Code 498A - Complaint by wife under - During trial |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Penal Code, 1860 - ss.494, 498A - Complaint by wife under - During trial, accused-husband entered into settlement and in terms of settlement, he accepted to take complainant back even though he had taken ·a second wife in the meanwhile - On examination, complainant did not press the charges but expressed her willingness to live with her husband and his second wife - However, before the conclusion of trial she filed petition before the trial court stating that accused-husband had breached the terms of settlement and thrown her out of his house - Trial court recalled her for re-examination as a court witness u/s. 311 and she fully supported the a/legations made by her in the complaint:....Conviction of the accused u/ss. 494 and 498-A - Appellate court held that the order passed by trial court, recalling the complainant for examination as a court witness was bad and invalid and her evidence as a court witness could not be taken into account for recording the finding of guilt against the accused - Revision - High Court set aside the order of the appellate court and restored the order of the trial court - On appeal, held: In the facts and circumstances of the case, High court took the correct view of the matter and its order cannot be said to be excess of the revisional jurisdiction u/ss. 397 and 401 CrPC - Conviction upheld - Code of Criminal Procedure, 1973 - ss. 397 and 401 - Revisional jurisdiction - Scope of. |
Judge | N/A |
Neutral Citation | 2011 INSC 346 |
Petitioner | Lal Kishore Jha |
Respondent | State Of Jharkhand & Anr. |
SCR | [2011] 5 S.C.R. 1015 |
Judgement Date | 2011-05-02 |
Case Number | 4848 |
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