Indian Penal Code, 1860, Section 302, 363, 377, 201, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Murder - Circumstantial evidence - Last seen theory not proved - Testimony of mother of deceased is doubtful - None of recovered articles match with accused - Chain of evidence is not complete - Prosecution has failed to establish the guilt of accused..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation in a sudden fight in the heat of passion and upon a sudden quarrel - Evidence on record not shown that accused had either taken undue advantage or acted in a cruel or unusual manner - Case would fall u/s 300 Exception 4 IPC - Accused liable to be convicted u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 13 -- Domestic violence - Directions issued to Magistrates in the States of Punjab and Haryana i.e (i) in case of petition u/s 12 of the Act, all the respondents may not be mechanically issued notice u/s 13 of the Act - Notice at the first instance may not be issued to distant relatives - Magistrate is..........
Negotiable Instruments Act, 1881, Section 138, Tamil Nadu Suspension of Sentence Rules, 1982, Rule 2(4) -- Dishonour of cheque - Sentence - Application seeking ordinary leave to accused for 21 days without escort to attend the marriage of his son - However, accused completed the substantive sentence period and he is undergoing the default sentence - As per R.2(4) of Tamil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Indian Penal Code, 1860, Section 392, 34 -- Offence u/ss 392, 34 IPC - PW1 and PW2 stated that accused along with one another looted two mobiles and Rs.500 cash from them - They have duly identified the accused in TIP and before trial Court as author of crime - Looted mobiles were seized from his possession - Accused had no enmity or prior acquaintance with PW1 and PW2 -..........
Indian Penal Code, 1860, Section 392, 34 -- Offence u/ss 392, 34 IPC - Sentence - Accused is the first offender and has already undergone jail incarceration for more than 2 years and 7 months - Sentence reduced to period already undergone by him...........
