Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 447, 323, 148 -- Order taking cognizance - Legality of - Evidence on record established that while taking cognizance trial Court neither adverted to negative report of police nor to statements of complainant and his witnesses recorded u/s 161 Cr.P.C. which categorically stated that accused were in cultivatory possession of field in question..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Handwriting expert - Receipt acknowledging receiving cheque amount - Complainant alleging it forged signatures - Delay in filing application as accused was absconding - However, getting signatures on receipt compared with admitted and specimen..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not adduce direct evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply probablised on touchstone..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 9, 3 -- Attempt to murder - Test identification parade (TIP) - Appreciation of evidence - As per testimony of complainant, it appears that complainant not stated procedure and manner in which TIP held - Even, complainant not stated that TIP carried out in presence of 2 panchas - Moreover,..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - As per the testimony of complainant, at the time of incident, A2 was only present in company of A1 - No other allegations have been levelled against A2 - Moreover, it is nowhere stated that during altercation, A2 was inspired by A1 or any criminal..........
