Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Evidence Act, 1872, Section 32 -- Dying declaration - A dying declaration, oral or written, before it could be relied upon, must pass a test of reliability as it is a statement made in absence of accused and there is no opportunity to accused even to put it through fire of cross examination to test its genuinity or veracity - Court has to subject it to close scrutiny -..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court is not required to screen evidence or to apply standard whether prosecution will be able to prove the case against accused at the trial - Court has to see only prima facie case against accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 326A, 504, 506 -- Discharge - Offence u/ss 326-A, 504, 506 IPC - Injuries caused by acid burn - Prima facie material to frame charge against accused - Discharge application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures of accused on cheque itself is not enough for conviction u/s 138 of the Act - Existence of debt or legally enforceable liability is sine qua non...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-registration of FIR for theft of cheque by accused cannot be held to be fatal to defence of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
