Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Indian Penal Code, 1860, Section 420 -- Cheating - For invoking offence of fraud and cheating prosecution has to establish that intention of accused was to cheat complainant right at the time of inception of contract...........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring a case in the ambit of S.34 IPC, prosecution has to prove actual participation of more than one person for commission of a criminal act done in furtherance of common intention as a prior concept. (Para 22) Indian Penal Code, 1860, Ss.307, 34 - Abetment of suicide - Common intention - There is no..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 20, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12, Indian Penal Code, 1860, Section 376 -- Juvenile - Determination of age - Offence u/s 376 IPC - As per evidence on record, on date of occurrence, juvenile was aged 16-1/2 years - Order of conviction set aside - Matter..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - PW4 stated that on same day he arrested accused and prepared arrest memo and seized one trishul from possession of accused and prepared seizure memo and sent seized articles to FSL - As per FSL report there was human blood on trishul and no explanation has been given..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder by trishul - As per evidence on record, incident took place suddenly without pre-meditation when altercation took place on account of dispute to leave temple - Moreover, being saint accused was having trishul in ordinary course of custom - Even, accused only gave one blow and not made second attempt..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Mere mentioning names of accused in suicide note, without particulars of acts committed by them, is not sufficient to implicate accused for offence punishable u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act on part of accused to instigate or aid in committing suicide is necessary - There has to be a clear mens rea to commit offence...........
