Professional Documents
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Team Members
NAME Chintan Doshi Cyabukombe David Deep Mehra Deepak Gupta Deepak Gupta Deepak Kumar Ojha Deepankar Shri Gyan ROLL NOS. 100103086 100103087 100103088 100103089 100103090 100103091 100103094
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Bailable offence and non-bailable offence: In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be granted by a Judicial Magistrate/Judge only.
Charge: Charge is the set of accusations which are applied on a person against whom an fir has been reported.
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Non cognizable offence : A non-cognizable offence is one in which police can neither register a First Information Report (FIR) nor can investigate or effect arrest without the express permission or directions from the court.
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Important Sections
Section 302 Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine. PunishmentDeath, or imprisonment for life, and fine CognizableNon-bailableTriable by Court of SessionNoncompoundable. Section 362 - Abduction.- Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
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Sequence of Events
29 Apr 1999
Jessica Lall is shot by Manu Sharma
Feb Sep 2006 Public uproar, petitions through media for reinvestigation
9 Sep 2006 Tehelka shows sting operation showing bribery and coercion on witnesses
29 Apr 1999
Manu Sharma hides the weapon in a nearby village
21 Feb 2006
All nine witnesses acquitted
3 Aug 1999
Charge sheet filed against Manu Sharma
20 Dec 2006
Manu Sharma awarded Life Imprisonment
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The bullet cartridges were changed to prove that the bullets were from two different guns, making the case weaker.
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Violations of Law
Manu Sharma named the main accused and charged under sections 302 (murder), 201 (destruction of evidence), 120(b) (criminal conspiracy), and 212 (harbouring suspects) of the Indian Penal Code; and sections 27, 54 and 59 of the Arms Act.
Other accused, like Vikas Yadav, Coca-Cola Company officials Alok Khanna and Amardeep Singh Gill, were all charged variously under sections 120(b), 302, 201 and 212 of the IPC (for giving shelter to the accused and destroying evidence)
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Highlights
Family under suspicion, Rajesh Talwar arrested CBI takes over probe Domestic help Krishna arrested Consecutive lie-detector tests on mother, father, domestic help CBI declares it as blind case Rajesh Talwar freed on bail CBI submits closure report, citing not enough evidence Prime Suspect Rajesh Talwar, however no evidence or motive Rajesh and Nupur Talwar named accused Case unsolved
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Significance of Case
Received nationwide attention compromising privacy of family Reinstated medias role of overstating Police condemned for character assassination Demand for appropriate investigation and legislature
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Procedures in Law
Alipore Sessions Court found him guilty High Court confirmed death sentence under Section 302. The first petition to the President was rejected in 1994. Lodged in the Alipore Central jail in Kolkata for 14 years.
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Article 32
His brother is said to have sought a copy of the letter issued by the President rejecting clemency in order to take the next legal course under Article 32 of the Constitution. Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
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Delay in Judgement
Sentence upheld both by the High Court and the Supreme Court Governor of W. Bengal rejected mercy plea by the convict's relatives. Feb 1994, Dhananjoy obtained an interim stay from the High Court. September 2003, petition for commutation of his sentence owing to the delay in its execution was quashed by the High Court, and Dhananjoy Chatterjee appealed to the Supreme Court. In February the Supreme Court referred his mercy petition to the Governor for reconsideration. The Governor rejected the petition and Dhananjoy was scheduled to be hanged to death at 4-30 a.m. on June 25.
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Home Ministry asked President A.P.J. Abdul Kalams opinion on a mercy petition filed by Dhananjoy Chatterjee's family and several social organisations. State government, the CPI(M)-led Left Front made it clear that it fully supported the death sentence. Second mercy plea rejected Hanging carried out on Aug 14, 2004
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Family
For 13 long years, Dhananjoy was in solitary confinement. His family sufferred worse than him. They had to sell their land to meet the legal expenses. His old parents nearly committed suicide. Their grief was broadcasted live on our INSENSITIVE national media. The family refused to either attend the execution or claim his body; it was later cremated.
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THANK YOU
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