Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Allegation against brother-in-law of deceased - No evidence on record that appellant abetted commission of suicide - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted that he borrowed Rs.2 lakhs from complainant and issued cheque - However, no date was put in the cheque - Accused has no case that he ever repaid that amount - When there was default from part of accused, to repay that amount, complainant had every authority to fill up the date and to..........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Deceased died in a road accident stands proved - However, there is no evidence on record that it is the petitioner who was driving the offending vehicle/truck on the date of incident - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Petitioner is 48 years old doing a small business and has old aged ailing parents - He is sole bread earning member of his family and has three sons and a wife who are all dependent on him - Petitioner has no criminal antecedent - However, considering the fact that rash and..........
Criminal Procedure Code, 1973, Section 386(b) -- Appeal against conviction - Appellate Court has no power to direct reinvestigation u/s 386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - It is the duty of appellate Court to independently evaluate evidence presented and determine whether such evidence is credible - High Court must provide clear reasons for accepting evidence on record - Mere concurrence with findings of trial Court is insufficient unless supported by a well reasoned..........
