Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Settlement arrived at between parties of their own free will and volition and not because of any pressure or coercion - Terms of settlement fulfilled as entire agreed amount paid - Dispute between parties completely settled - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Abduction for ransom - Murder - Circumstantial evidence - Absconding of accused - Mere absconding of accused after the incident by concealing his identity by itself is not sufficient circumstance on which he can be convicted, unless other circumstances sought to be proved against him to sustain his conviction are proved by..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Abduction for ransom - Murder - Circumstantial evidence - Prosecution alleged 13 circumstances against accused, however, conviction based on 9 of them - Neither single circumstance nor all those circumstances, not making any chain of circumstances so complete against accused so as to unerringly point the finger of guilt..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Merely because gun/fire arms could not be sent to ballistic expert/forensic science laboratory for opinion or if the report of ballistic expert though received but not produced, that would not be fatal to prosecution case because there is enormous evidence..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Injuries sustained by accused - Where accused caused injuries to 13 persons and two persons died, if one pellet injury each was sustained by two of accused and one lacerated would was sustained by one accused, it was not unnatural for them to receive such type..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Conviction of 12 accused - Deceased was severally beaten and dragged from one house to another - Absence of blood trail on the way through where deceased was dragged by accused was not unnatural as in both the routes, there was mob of 30-35 people and soon..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Reduction of sentence - High Court rightly accepted the version of prosecutrix and while affirming conviction of accused, reduced the sentence from 7 years to 2 years R.I with fine of Rs.35,000, in default thereof to undergo further period of 6 months as simple sentence - No interference warranted in the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused demanded and accepted Rs.300 from complainant as illegal gratification towards monthly mamools by threatening to seize the stocks and foist a case against him - Complainant and all PWs turned hostile - Prosecution has not examined any other witness present at the time when..........
