Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50 -- Recovery of 22700 intoxicant tablets and 33 bottles of Rexcof - Appeal against conviction - Accused acquitted due to following reasons: (i) Accused falsely implicated by police, as he lodged a complaint under NDPS Act against some police officials; (ii) no, compliance of mandatory provision of S.50 of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Atrocity - Allegation against accused that he dispossessed informant from land in question - Documents placed before Court below are sufficient to demonstrate that accused lawfully claimed right, title and possession over land in question - Allegation against accused by informant..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Accused not specifically informed to lead his defence evidence - Amicus Curiae made endorsement to the effect that accused does not want to give defence evidence - Endorsement made by Amicus Curiae does not reflect that it was made on the instructions of accused and accused was informed or made aware about..........
Indian Penal Code, 1860, Section 394, 34 -- Robbery - Common intention - Accused convicted as they lotted gold ring, an amount of Rs.150, and a mobile phone from complainant - However, complainant not made to identify the mobile and ring allegedly recovered at the instance of accused - Conviction and sentence of accused u/ss 394, 34 IPC set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis for conviction without any further corroboration, if Court is satisfied that dying declaration was true and voluntarily...........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Once accused is held guilty of commission of offence u/s 325 IPC, then imposition of jail sentence and fine on accused is mandatory - Thus, High Court was not right in setting aside entire jail sentence of accused, while upholding his conviction u/s 325 IPC and substitute it by imposing..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused `C' in the heat of moment, without any premeditation caused injuries to deceased - There are only two injuries on the person of deceased - It cannot be ruled out that both injuries are result of a single blow, as both injuries are having a cut wound and it is accused `C' only who was armed..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and accused are real brothers - Incident occurred due to some money transaction in a fit of anger - No evidence on record to prove motive of crime - Accused did not have any intention to cause death of deceased - Even otherwise, except statements of two eye witnesses, no other incident of..........
