Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When Court on the basis of evidence on record found no cause to invoke suo motu power u/s 319 Cr.P.C, same cannot be lightly invoked on the mere accusation made by complainant...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of summoning u/s 319 Cr.P.C. Court has to see that there is a strong and cogent evidence against such person and not merely probability of his complicity...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - When an accused offers a false explanation regarding cause of death which takes place within confines of his house, such falsity becomes an additional link in the chain of circumstances pointing to guilt of accused...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Evidence Act, 1872, Section 106 -- Last seen evidence - Failure of accused to offer plausible explanation can be viewed as an additional link in chain of circumstances, thereby raising presumption of guilt against accused - However, such presumption, would arise only when prosecution succeeds in establishing each link in chain of circumstances to prove charge against..........
