Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Circumstantial evidence - Last seen evidence - Since the time gap between the way deceased and A-1 were last seen together is small, it is on accused to explain the circumstances in which he parted the company of deceased - A-1 failed to discharge the onus and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Vehicle in question was driven so speedily, rashly and negligently that accused could not stop it upto 85 ft. even after application of brake, which resulted into death of 8 persons - It cannot be said that in all such..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Criminal Procedure Code, 1973, Section 300 - - Dismissal of complaint or discharge of an accused - Not to be construed as acquittal, for the purposes of this Section...........
Criminal Procedure Code, 1973, Section 300 -- Second complaint on same facts - Respondent discharge from first complaint u/s 376 IPC - Discharge would not be construed as acquittal - Second complaint on the same facts not barred as no trial had been conducted against respondent in furtherance of first complaint...........
Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably connected with their official..........
Judges (Protection) Act, 1985, Section 3(1) -- Protection to Judges - Statutory protection is afforded to judges for any act, thing or word committed, done or spoken when, or in course of, acting or purporting to act or in discharge of official or judicial duties or functions - No civil or criminal proceeding can be instituted in connection therewith...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Appeal against acquittal - - In the instant case, accused not only rebutted presumption but also proved discharge of loan payable to complainant - Once accused proved discharge by cogent evidence, accused cannot be convicted by relying upon presumption drawn in favour of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Initially, complainant has to prove existence of debt and other liabilities and thereafter burden shifts upon accused to prove that cheque was not issued towards discharge of a lawful debt but was issued by way of security or any other reason on account of some business..........
