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Harekrishna D Choudhary   24 March 2021

Can a court continue trial if only accused passed away

A murderous attempt was committed by a team of four and several conspirators.

The final form was submitted where the incident was defined u/s 341 , 523 accused appeared took bail charge framed and examination in chief of the victim taken.

Now the only accused has passed away.

The material on record suggests that their is a 23 pages protest petition citing offence under 307, 324, 382 etc, where it was pointed out that the F.I.R written had omissions of name of additional 3 and several conspirators and 3 unknown assailants.

A comparison of final form and protest petition both appeared on record the same day reveals the protest to claim a fracture with bone chipped out, whereas police never has made any mention of it.

Once the accused passed away an application has been submitted to magistrate court for obtaining injury report.

I want to know a lab where forensic examination of the position of body with angle of attack can be obtained?

and if the same is to be obtained by procedure of the court then the name of lab to which the court would refer for analysis and the CrPc therein.

The final form contains three such witness who lied to the police about the incident.

Now in the state case when the only accused facing the trial has passed away without converting the case into private complaint by the magistrate, can those witnesses be issued warrant to appear in the court during trial, where the only accused in the trial has passed away, which provisions in CrPc permits the same, what could such a summary application be?

 



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 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 March 2021

Hello,

If the accused expired then every criminal litigation will not continue against the expired accused. But the court can continue with other accused if accused are added. In your case court protest petition is filed. So the court will decide the petition as per the merits of the case. 


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