Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen evidence - Conviction cannot be based on only circumstance of last seen together - Conduct of accused and fact of last seen together and other circumstances have to be looked into...........
Evidence Act, 1872, Section 27, 8 -- Disclosure statement - Admissibility - Recovery of skeleton of deceased on the basis of disclosure statement made by accused that he had buried dead body in his house - Held, assuming that recovery of skeleton was not in terms of S.27, on premise that accused was not in custody of police by time he made statement, statement so made by..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Conduct of accused - Accused driver of bus took the victims in his own bus to hospital - He did not try to run away from the spot - This immediate conduct of petitioner is a relevant fact - That rules out his guilty mind - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to mention the details of accident -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss. 13 & 18 of Minimum Wages Act, S.4 of Labour Laws Act - Offence by Company - Prosecution of Chairman and Managing Director - No averment in complaint that both accused were in charge and responsible to the company in conduct of its business - They are not even involved in day-to-day..........
Drugs and Cosmetics Act, 1940, Section 18(a)(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Manufacturing and distribution of sub-standard medicine - Complaint against firm and its partners for violation of S.18(a)(1) of Drugs and Cosmetics Act - Absence of any allegations made regarding petitioners/partners in conduct of business of accused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - In charge and responsible - A reading of complaint should show that substance of accusation discloses that accused person was in charge of and responsible for the conduct of the business of the company at the relevant time - No specific or even a general allegation against appellants -..........
Insecticides Act, 1968, Section 33 -- Scope - It is imperative to specifically aver in the complaint that accused was/were in charge of and was/were responsible for the conduct of business of the company - Unless clear averments are specifically incorporated in the complaint, accused cannot be compelled to face the rigmarole of a criminal trial...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - It is necessary to specifically aver in a complaint u/ss 138, 141 of the Act that at the time the offence was committed, the person accused was i, charge of and responsible for the conduct of the business of the Company - This averment has to be made in the complaint..........
Indian Penal Code, 1860, Section 363, 396, 34 -- Dacoity with murder - Appeal against conviction - Accused acquitted - Incident committed at night and there was darkness at the scene of incident - Evidence of sole eye witness does not inspire confidence - No reliance can be placed on Test Identification Parade conducted by Tehsildar, as there was infirmity in the conduct..........
