Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of eye witnesses - Testimony of eye witnesses recorded after gap of four years - Minor contradictions or variations are normal - Trial Court erred in basing acquittal of accused on these immaterial inconsistencies more particularly when factum of dispute between parties was even..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Material contradictions in the statements of PWs - Statements of PWs therefore, do not inspire confidence - It is difficult to believe that no one was shot where it is being said that about ten rounds of firing took place - Prosecution failed to establish commission of alleged offence by accused beyond all..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Criminal Procedure Code, 1973, Section 482 -- Second petition for quashing - Present petition for quashing filed after 7 years after judgment of acquittal of co-accused - Even otherwise mere acquittal of co-accused would not be a ground to quash proceedings - Petitioner is a resident of Canada and would have to come back to face trial as had been undertaken by him but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 8, 20 -- Recovery of 1 kg charas - Non-compliance of S.50 of the Act - Personal search of accused was conducted by PW1 (Station Officer) who asked accused to give their personal search before a Magistrate or a Gazetted Officer and that accused reposed faith in him and then their personal search was conducted..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable...........
