Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - In results into acquittal of accused - Remedy is that of appeal and not revision...........
Criminal Procedure Code, 1973, Section 256, 397 -- Complaint - Absence of complainant - Dismissal of complaint - Since order results in acquittal of accused, appeal and not revision lies - Impugned order passed in revision by Sessions Court restoring complaint is liable to be set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Wife - Murder by strangulation - Entire case based on evidence of approver PW1 - Appeal against conviction - Evidence of PW1 that appellants by putting pistol and dagger on him compelled him to go with them for commission of offence - Witness may not fall in category of accomplice - Even if it is assumed that he was accomplice..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Extra judicial confession not received any corroboration - Evidence of P.W.1 not supported prosecution case - Prosecution failed to produce material to connect the appellant with crime - Appellant acquitted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When judgment of the final Court of fact is based on mis-interpretation of documentary evidence or on consideration of inadmissible evidence or ignoring material evidence the High Court in second appeal is entitled to interfere with the judgment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Admission of parties or their witnesses are relevant pieces of evidence and should be given due weightage by Courts - A finding of fact ignoring such admissions or concessions is vitiated in law and can be interfered with by the High Court in second appeal...........
Criminal trial -- Appeal against acquittal - Appellate Court not to interfere with an order of acquittal lightly or merely because another view is possible - Appellate Court while reversing an order of acquittal to examine and discuss the reasons given by the trial Court to acquit the accused and then to dispel those reasons...........
Indian Penal Code, 1860, Section 302, 34 -- Acquittal by trial Court - Conviction by High Court - Appeal against - Motive of strained relations not proved - Alleged injuries by eye witnesses not supported by medical evidence making their presence doubtful - FIR not supported by identification parade - Time of incident doubtful - Doubt of participation of Appellant No.3 -..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Concurrent findings - Normal rule is not to interfere with concurrent findings of Courts below - However, in this case there are material contradictions and omissions in the statement of witnesses leading to serious infirmities and improbabilities of prosecution case - Benefit of doubt must be given to..........
Indian Penal Code, 1860, Section 302, 34, 304 Part II -- Treatment of evil spirits - Husband took wife to Sadhus - They beated wife with iron, trishul and chimta - Wife died - Charge of murder - Trial Court acquitted but High Court convicted u/s 304 Part II/34 IPC - Testimony of husband found unreliable - Improvement made in the manner of beating, whether beating was done..........
