Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appreciation of evidence - Appellant alleged to have committed murder of his wife - Convicted u/ss 498-A, 304-B IPC - Challenge thereto - As per post mortem report deceased died due to strangulation - Recovery of one pair of scissors from appellant's almirah and a piece of chunni from drain of ground floor of..........
Indian Penal Code, 1860, Section 376 2)(g), 368 -- Gang rape - Accused took prosecutrix on cycle at knife point to the house of co-accused and committed rape on her on cot and space provided to the accused by co-accused - Held, mere providing space and cot and helping accused in wrongfully detaining prosecutrix will not warrant inference of common intention or meeting of..........
Indian Penal Code, 1860, Section 302 -- Special Leave Petition (SLP) - Murder case - Accused convicted and sentenced by trial court - Judgment of conviction and order of sentence upheld by High Court in appeal preferred by convict - Special Leave Petition (SLP) against judgment of High Court dismissed summarily - Held, dismissal of SLP summarily does not mean affirmance of..........
Indian Penal Code, 1860, Section 302 -- Culpable Homicide - Conviction - Sustainability - Defence evidence not adduced - Deceased had died homicidal death - Testimony of PW1, eye-witness and informant fully corroborated by PW2 and PW3 - Clear from FIR that accused was armed with rifle and fired shots - Deceased fell down after receiving injuries - No reasonable doubt in..........
Indian Penal Code, 1860, Section 302 -- Culpable Homicide - Conviction - Sustainability - Contention that witnesses has not seen the incident - No blackening, charring and tattooing around wounded area of deceased's body - Moreover, PW1 stated that two fires were shot by accused - But only one wound of entry and only one corresponding wound of exit of firearm was found -..........
Indian Penal Code, 1860, Section 302, 304 -- Part-II - Quarrel between accused and his wife on the spur of moment - Accused assaulted his wife and also his mother who tried to intervene with sharp edged weapon - Child of accused woke up and started crying, whereafter accused caused two injuries resulting in the death of child - However, accused did not use sharp edged..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of sentence of SI for 6 months and compensation of Rs.1,40,000/- which was cheque amount - Non bailable warrant issued by Court is pending execution against petitioner - Request by petitioner to provide him period of two months to pay compensation - Held, execution of warrant, if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction & sentence - Sentence till rising of Court with liability to pay compensation of Rs.55,000/- imposed - Petitioner/accused prayed for grant of reasonable time to settle claim of complainant - Held, Magistrate shall keep in abeyance execution of warrant for a period of one month to enable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Execution of sentence - Abeyance of - Sum of Rs.2,70,000/- is involved - Plea that accused is in difficult circumstances and if a breathing time is provided, he would pay off entire compensation - Held, Magistrate directed to keep in abeyance execution of sentence for a period of six weeks..........
