Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Indian Penal Code, 1860, Section 148, 149 -- Un-lawful assembly - A-3 was acquitted by Court by setting aside his conviction - He thus, was kept out of consideration of question whether there was an unlawful assembly - Since only four accused remain, thus, charge u/ss 148, 149 IPC cannot be sustained...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burn injuries - Two dying declarations - Both the dying declarations inspire confidence and appear to have been made by deceased voluntarily - Plea of suicide not taken by accused in his statement u/s 313 Cr.P.C. - Plea also not taken that accused was not at home at the time of incident - If..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per complainant, she out of her own volition and without there being any external pressure entered into compromise with accused and in case she gets entire amount, she shall have no objection in setting aside order of conviction - Offence compounded - Conviction set..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Evidence on record unerringly points towards guilt of accused in subjecting his wife to cruelty during her stay at matrimonial home and setting her on fire thereby causing burn injuries on her person which according to doctor had it continued for some more time, it would have been fatal -..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 20 -- Illegal gratification - Demand and acceptance - Clinching evidence on record against accused regarding demand of bribe and factum of receiving bribe by accused - Tainted money recovered from accused - Phenolphthalein test was positive - PWs categorically stated the incident - Tape recorded conversation..........
