Mahesh is accused of Stealing cars and is presented before the court for a trial. Which elements would make his trial a fair one?
Answers
Answer:
1. Aforesaid Criminal Capital Appeal Nos. 5298 of 2015, 5299 of 2015 and 5300 of 2015 have been preferred by accused/appellants Vinod and Dwarika, Chandradeo Yadav and Pawan respectively, against judgment and order dated 28.10.2015, passed by Additional Sessions Judge / Special Judge (SC/ST Act), Ghaziabad in Session Trial No. 906 of 2004 (State Vs. Vinod and Another), Session Trial No. 221 of 2005 (State Vs. Chandradev Yadav and Session Trial No. 1683 of 2004 (State Vs. Pawan) arising out of Case Crime No. 115 of 2004, under Sections 302/34 and 201 of Indian Penal Code, 1860 (in short 'I.P.C.'), Police Station - Sahibabad, District - Ghaziabad, whereby appellants have been convicted and sentenced by capital sentence and fine of Rs.1,00,000/- each, under Section 302/34 I.P.C., five years rigorous imprisonment and fine of Rs.10,000/- under Section 201 I.P.C. and in case of default in depositing the fine additional imprisonment of five years.
2. Criminal Reference No. 11 of 2015 which has been referred to this Court by the Trial Court under Section 366(1) Cr.P.C. for approval of death sentence awarded to the accused-appellants is also being decided alongwith aforesaid criminal capital appeals.
3. Brief facts relating to above appeals/reference as transpire from record are as under :
3.1 Informant PW-1 Vikas Bajaj submitted the written report (Exhibit 'Ka-1') on 11.02.2004 to the Police Station - Sahibabad, District - Ghaziabad stating therein that three dead bodies wrapped in the separate bed sheets were lying on a heap of garbage at Ramlila Ground, Shalimar Garden Extension - I. He prayed for necessary action in the matter after lodging of the report.
3.2 On the basis of above written report (Exhibit 'Ka-1'), a First Information Report (Exhibit 'Ka-5') (in short 'FIR') was registered against unknown persons as Case Crime No. 115 of 2004, under Sections 302/34 and 201 I.P.C. at Police Station - Sahibabad, District - Ghaziabad on 11.02.2004 at 14.05 A.M.
3.3 Entry with regard to registration of above case has been made in the General Diary (in short 'G.D.') on 11.02.2004 at 14.05 A.M. as Entry No. 37 at 14.05 A.M. A carbon copy of which is Exhibit 'Ka-6.
3.4 Investigation of the case was taken over by Station House Officer/Inspector G.P. Yadav (PW-10). He rushed to spot alongwith Police personnel, prepared site plan and recovery memos of various items taken into custody from the spot. After getting prepared the inquest memos and other necessary papers under his instructions by S.S.I. Mahendra Singh Bhadauriya (PW- 11), the dead bodies were sent for postmortem and statements of the complainant and other witnesses were recorded. The accused h accused-appellants on 27.07.2005 under Sections 302/34 & 201 I.P.C. They denied the charges framed against them and claimed for trial.
3.7 To prove its case, prosecution has examined informant PW-1 Vikas Bajaj, PW-2 Chotan, PW-3 Anees, PW-4 Mukesh Sharma, PW-5 Rakesh Kalra, PW-6 Babloo Tyagi, PW-7 Dr. A. Mishra, PW-8 Constable Manohar Lal, PW-9 Dr. Ramesh Kumar, PW-10 Inspector G.P. Yadav (Investigating Officer), PW-11 Inspector Mahendra Singh Bhadauriya and PW-12 Harishanker Singh.
Answer:
Alcohol is very useful in industrial field for various purposes. However, it is also consumable ...