Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of child/eye witnesses - Eye witnesses immediately disclosed the incident to PW6 who was also present at the spot - There is no exaggeration in the statements of eye witnesses and they have stuck to their statements made during investigation in material particulars - Statement of child witnesses have been..........
Indian Penal Code, 1860, Section 417 -- Cheating - Breach of promise to marriage - Complainant is already married and having a child - If she is already married, there can be no question of cheating on the breach of promise of marriage - Offence u/s 417 IPC cannot be laid against accused...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No document produced to demonstrate that accused and complainant are married - Complainant is already married to one `J' and has a child born from said wedlock - Objections of complainant does not narrate that she has secured a decree of divorce from her earlier husband - Merely because accused has sent some money some..........
Indian Penal Code, 1860, Section 507 -- Criminal intimidation by anonymous communication - No anonymous communication made by accused - Complainant appears to be twinning a story to get hold of accused which if permitted would become an abuse of process of law and result in mismarriage of justice - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied his signatures on cheque - Burden is upon accused to produce admitted signature and seek for an expert opinion - Having failed to do so, adverse inference is drawn against him that disputing signatures is for the formal sake of denial - Accused convicted...........
