Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence that deceased and accused were seen together at the spot of occurrence or nearby the same in close proximity of time - No unanimity regarding manner in which accused arrested - Extra judicial confession allegedly suffered before chance witness and not corroborated by any independent..........
Evidence Act, 1872, Section 24 -- Extra-judicial confession must be established to be true and made voluntarily and in a fit state of mind - The words of the witness must be clear, unambiguous and clearly convey that accused is the perpetrator of the crime - Extra-judicial confession can be accepted and can be the basis of conviction if it passes the test of credibility...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per settlement, complainant has agreed that if cheque amount of Rs.50,000/- is allowed to be withdrawn which is deposited by applicant, he will not have any objection if conviction of applicant is quashed - Held, parties permitted to compound the offence - Revision..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Proof - Doctor has certified that at the time of giving statement, patient was in a sound state of mind - It is stated by PWs.10 and 11 that weapon of assault had fallen at the spot and police had come on next day and seized same whereas prosecution case is that the said weapon was recovered as a consequence of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Petitioner/accused accepted facts of issuance of cheque and signature in cheque - Held, respondent/complainant is entitled to invoke presumption u/s.139 of N.I. Act that cheque has been issued only for discharging of existing legal liability - Contention that..........
Indian Penal Code, 1860, Section 302, 307 -- Material discrepancy in evidence - Motive for offence not established - FSL report not produced - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Lawful guardianship - Proof - Accused came to house and represented himself that he was working in factory of her husband and child was called by him - Saying so, he took away child - Father came to know about incident - After searching rushed to police station - Accused arrested and brought to police station - Child..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - High Court without making any reference to any evidence or finding whatsoever changed conviction of respondent from S.376 to S.354 IPC - More so, no reason whatsoever has been given for such a conversion - Punishment has been given as already undergone without mentioning as what has been the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31A, 31 -- Conviction of accused for second time for repeating offence under NDPS Act - Death sentence - Not mandatory - The expression "shall be punishable with death" as "may be punishable with death" be construed in relation to the offences covered under S.31-A of the Act - Court has discretion to impose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Accused travelling in bus carrying two brief cases - Search of brief cases let to recovery of ganja - Admittedly both brief cases belonged to accused and thus he was in conscious possession of contraband - S.50 of the Act not attracted as recovery was effected not from personal search of..........
