Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Accused not afforded sufficient opportunity for explaining incriminating evidence which was used to base his conviction - Requirement of S.313 Cr.P.C. not complied with by trial Court in its spirit - Conviction and sentence, set aside - Matter remitted to Sessions Court for proper examination..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material, which is brought before Court, must be of such a nature as would satisfy Court that it would reasonably lead to conviction of the person sought to be summoned...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Capacity to advance loan - As per Income tax return declared income was not sufficient to give loan of Rs.3 lakhs - Defence raised by accused satisfies the standard of `preponderance of probability' - Judgment of acquittal passed by trial Court confirmed and judgment of conviction by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused already handed over amount ordered to be paid by Court to complainant - Offence in question liable to be compounded - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - All the star witnesses of prosecution including injured turned hostile - However, there is enough evidence/material on record to prove direct connectivity of bullet recovered from the body of injured which was fired from pistol got recovered by accused - Accused has..........
