2017 CRI. L. J. 627 ::2016 (4) AJR 414 ::(2017) 1 Crimes 679 ::(2016) 2 JLJR 28

Jharkhand High Court

Hon'ble Judge(s): Ravi Nath Verma , J

(A) Constitution of India , Art.20— Criminal P.C. (2 of 1974) , S.300— Double jeopardy - It is a significant basic rule of criminal law that no man shall be put in jeopardy twice for one and the same offence - Rule provides foundation for pleas of autrefois acquit and autrefois convict - It is commonly known as 'double jeopardy' - Rule against double jeopardy is stated in the maxim 'nemo debet bis vexari pro una et eadem causa'. (Para 7) (B) Criminal P.C. (2 of 1974) , S.482, S.300— Quashing of proceedings - On basis of rule of double jeopardy - Criminal proceeding instituted against petitioner under Sections 302/201/324/307/120 read with Section 34 of the Penal Code - For the same set of facts, two cases were instituted one in Khunti and another in the District Sundergarh (Odisha) - Petitioner being one of the accused has already been convicted and sentenced to undergo rigorous imprisonment for life in one case - Petitioner cannot be allowed to be put on trial again to face the charges under same provisions of Penal Code - Proceedings are liable to be quashed in view of S. 300 (1) of Cr. P.C. and Art. 20 of Constitution. Constitution of India , Art.20— (Para 8 9) .....