Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against lesser sentence - Not maintainable, as expression used in proviso to S.372 Cr.P.C. is `convicting for a lesser offence' - Conviction and not the sentence is relevant aspect - Moreover, convicting an accused for a lesser offence is not same as convicting accused for a lesser term of imprisonment or a..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 45 -- Dacoity - Rape of three women belonging to same house - DNA test - Blood samples of victimized ladies and accused for DNA comparison was collected during investigation - Expert report that blood samples of accused who ravished the ladies were matching the ones collected from..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 9 -- Dacoity - Rape of three women belonging to same house - Test identification parade (TIP) - PW7 identified all accused during his testimony and during investigation - Defence tried to challenge the testimony of PW7 on the question of identification of accused but nothing..........
Indian Penal Code, 1860, Section 449, 459 -- Nature of offence - Accused entered into house of complainant for the purpose of or with intention to cause death of deceased for which death is also one of sentence - It is not the case of prosecution that accused entered into the complainant's house after taking precaution to conceal their entry into it - Entry or departure of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Issuance and dishonour of cheque is proved on record - Demand notice given to accused was also proved on record - Cheque was duly signed by accused - It is proved on record that despite demand notice accused did not pay the amount due - Testimonies of CW1, CW2 are trustworthy,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
Indian Penal Code, 1860, Section 458, 392, 394, 397, 34 -- Lurking house trespass - Voluntary causing hurt in committing robbery - Accused allegedly armed with knife robbed gold chain of complainant and inflicted injuries to her - However, vital contradictions in the statements of PWs about robbing gold chain - Complainant did not furnish any description of gold chain..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Eye witnesses/interested witnesses - Incident occurred inside the house of deceased - It is only the family members who could witness it - PW4 is an independent witness and was also injured during incident - His testimony corroborates the testimonies of other..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Appellants armed with deadly weapons allegedly raided the house of deceased and abducted him in order to murder him - Evidence on record shows that right from the beginning appellants shared common object of assembly at all stages - No infirmity in the impugned order of..........
Kerala Abkari Act, 1977, Section 55(a) -- Appeal against conviction - Offence u/s 55(a) of the Act - Recovery of 450 litres of spirit having 80.70% by volume of ethyl alcohol - Prosecution proved all necessary ingredients of offence by adducing reliable evidence - No good ground to interfere with appellant`s conviction - Conviction upheld...........
