Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Payment of compensation amount - Held, S.357(2) indicates that even if compensation amount is deposited, payment cannot be made to victim before decision of appeal - It is not always necessary to insist for..........
Criminal Procedure Code, 1973, Section 394 -- Death of appellant during pendency of appeal - Right to continue appeal by a near relative - Every appeal filed under Chapter XXIX of Cr.P.C. except an appeal from a sentence of fine abates on death of appellant - However, a near relative of deceased appellant may, within thirty days of the death of the appellant, apply to the..........
Indian Penal Code, 1860, Section 39, 397 -- Dacoity - Causing death or grievous hurt - Accused after gaining entry into house of complaint, committed robbery after tying him and other male members and held threats to female members - While fleeing, accused gave knife blows to deceased, who was father of complainant - Doctor gave cause of death due to shock and hemorrhage -..........
Criminal Procedure Code, 1973, Section 354(3), Indian Penal Code, 1860, Section 396 -- Dacoity and Murder - Death sentence - Rarest of rare case - Five members of a family (including two minor children and the driver) ruthlessly killed by use of a knife, an axe and an iron rod and with help of four others - Crime was obviously committed after pre-meditation with..........
Evidence Act, 1872, Section 118 -- Testimony of child witness - Accused convicted and sentenced to death on testimony of 10 year old child - Child stood satisfactorily test of cross-examination - Testimony supported by corroboration and circumstantial evidence - Testimony of child, held, reliable - Death sentence upheld...........
Criminal Procedure Code, 1973, Section 374 -- Accused convicted and sentenced under Explosives Substances Act and Arms Act and had undergone more than half of his sentence i.e. three years, seven months and twenty two days and is on bail - Accused sought permission to go abroad to attend the marriage of his daughter who is practicing solicitor of Supreme Court of England &..........
Indian Penal Code, 1860, Section 376(2)(g), 342 -- Rape - Conviction - Accused sentenced to 10 years RI and fined Rs.1000/- each - Sentence upheld by High Court - Appellants had already undergone about three years of imprisonment - Incident 14 years old - Appellants and prosecutrix are married (not to each other) - Prosecutrix had also two children - Affidavit filed that..........
Indian Penal Code, 1860, Section 302, 457 -- Murder and robbery - Death sentence - Deceased husband and wife were murdered cruelly and were found lying in pool of blood - Sole motive behind murder was money gains - Hair found in deceased persons fist possibly due to scuffle are not proved to be of accused - This is not a case where accused was in a dominating position and..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegations that accused had sexual intercourse with prosecutrix in garb of false promise of marriage - Accused not disclosed factum of his marriage and that he was having two children - Held, prosecutrix not consenting party as she consented to sexual intercourse under false promise of marriage held by accused - Sentence..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Assault made in the dead of night after some pre meditation and pre planning - Conviction u/s 307 IPC instead u/s 326 IPC is justified - Sentence of 10 years with fine and those for different terms on other counts justified - No case for mercy...........
