Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 154 -- Kidnapping - Delay in lodging FIR - FIR was not lodged for a long period of 13 days - Miscreants belonged to extremists group and out of fear FIR was not lodged immediately after the incident - PW2 i.e. the informant, in his evidence also stated that due to fear he did not lodge FIR..........
Indian Penal Code, 1860, Section 302,307 -- Murder - Attempt to murder - Proof - Accused persons alleged to have assaulted deceased and his wife which resulted in death of deceased and serious injuries to his wife - Evidence on record shows that on day of incident there was quarrel between accused and deceased - Accused threatened deceased and his wife of dire..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 7 -- Illegal gratification - Demand and acceptance - Two panches present in the raiding party but none accompanied the complainant to hear the conversation - Treated currency notes kept in the right hip pocket by accused but seeing the raiding party threw the currency notes in the open space which allegedly taken..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Abeyance of - Request for grant of six months time to pay fine amount of Rs.1,50,000/- - Held, request cannot be entertained especially where cheque is dated 28.05.2007 and criminal proceedings are continuing on its dishonour ever since - However, taking note of submissions made,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Abeyance of - Prayer for extension of time to pay compensation awarded by Court below - Cheque is dated 30.05.2007 and sum covered by instrument is Rs.90,000/- - Held, such being the case, normally, further extension of time cannot be granted - However, Magistrate concerned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Conviction - Appeal - Adjudication of - held, a criminal appeal once admitted and taken on file by Court has to be disposed of after providing an opportunity of hearing to appellant or his counsel, if he is so represented, and there cannot be a disposal of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Complaint - Presumption in favour of complainant - Appellant/accused admitted having issued cheque but his defence is that he had issued cheque against supply of cloth which was found to be defective - Held, it is established that cheque in question was actually issued by appellant in favour of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Harassing or tormenting wife just because she did not give birth to a child - Held, no Justification for tormenting or beating her - Conviction maintained - However, keeping in view the fact that appellant has already undergone about five years rigorous imprisonment out of seven years, sentence reduced to period..........
Indian Penal Code, 1860, Section 302,149 -- Murder - Unlawful assembly - Proof of - Conviction awarded by trial court for both offences i.e. u/s 302 and also u/s 302 r/w. S.149 IPC for death of deceased - Held, as a matter of fact, conviction of appellant for both offences reveals that learned trial court itself had not come to a definite conclusion as to which of two..........
Indian Penal Code, 1860, Section 302, 34 -- Death causing by strangulation with a rope - Conviction - Appeal against - Deceased sneaked into the house of accused and had sexual intercourse with deceased `P' - Accused on seeing them in compromising position must have killed them - Post mortem report that semen was found in the vaginal swabs of deceased `P' - It was a case..........
