Negotiable Instruments Act, 1881, Section 138, 50 -- Dishonour of cheque - Endorsement on cheque - Disputed cheque did not contain a valid endorsement as required u/s 50 of the Act - Mere signature of holder on back side of cheque in question is not enough to held holder in due course - Complaint not maintainable - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred all of sudden - Accused had no intention to kill deceased and on sudden provocation and quarrel incident had occurred - He had fired once at deceased - Offence of accused thus, falls within S.300 Exception 1 IPC - Accused convicted u/s 304(Part I)PC...........
Indian Penal Code, 1860, Section 498A -- Scope - Distant relative - Not out of scope of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband having illicit relations with her cousin sister - Offence u/s 498-A IPC against cousin sister is made out not in the context of status as other woman, but in her capacity as cousin sister of husband against whom specific allegations, prima facie constituting cruelty has been made...........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement submitted by witness himself to I.O and I.O assured its genuineness and same if reduced in writing shall be a statement duly recorded u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement of a witness can be taken to be statement u/s 161 Cr.P.C. when it was reduced in recording in case diary in presence of witnesses as well as I.O has made questions also which are also reduced in writing along with answers...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single gun shot - Occurrence took place on the spur of moment - There was quarrel between complainant and accused and deceased who was mother of complainant came in between - Fire was triggered by accused which hit the body of deceased - No enmity between accused and deceased - Dying declaration of..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
