Indian Penal Code, 1860, Section 364A, 363 -- Kidnapping for ransom - Kidnapping of victim for ransom - Demand of ransom also proved - However, second part of provision of S.364-A IPC that victim may be put to death or hurt nor there is anything in the evidence on the basis of which it can be held that second part of condition is fulfilled - Accused is liable to be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation of cruelty and unnatural death of deceased was made by complainant only after death of deceased - No evidence on record that accused demanded dowry as a consequence of marriage - Even, complainant stated in FIR that he voluntary gave bridal presents according to his capacity - Moreover, there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement `Exceeds arrangement' - Payment demanded of outstanding liability - defence of accused not succeeded in rebutting presumption formed in favour of complainant - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs have not supported prosecution case - Circumstances relied upon in the case are not incriminating materials - Even, circumstances do not form a complete chain unerringly pointing towards guilt of accused - Since prosecution fails to discharge its burden - Session Judge erred in shifting burden to..........
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...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Conviction can be recorded solely on the basis of a dying declaration or even on basis of an oral dying declaration - However, such dying declaration should be free from any doubt and must pass scrutiny of reliability...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Wife of deceased and PW10 stated that accused took deceased with him and he was found injured in a well after two days - There is no iota of material/evidence to show what happened during these two days - Last seen theory is weak piece of evidence and on basis of this theory alone conviction of accused..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Offences u/s 498-A & 304-B IPC, are distinct in nature - Although cruelty is a common thread existing in both the offences, however, if a case is made out, there can be conviction under both the provisions...........
