Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 34 -- Common intention - Incident occurred admittedly during night time - No evidence on record that A-3 and A-4 were aware of fact that A-1 was having a gun with him - Evidence of eye witness/PW13 who spoke about common intention on the part of accused on previous night to do away with deceased, did not find favour with Courts - Evidence..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim declared hostile - Accused is in custody since 2015 - No report from jail that accused has in any way been unruly and he is not entitled for remission on basis of his good behaviour - Conviction upheld - However, sentence of rape..........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix has fully supported case of prosecution - She has been consistent right from very beginning - Nothing has been specifically pointed out why sole testimony of prosecutrix should not be believed - There is no doubt in credibility and trustworthiness of prosecutrix - Therefore, without any further..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder - Modification of sentence - Death sentence converted by High Court into life imprisonment till natural life of accused - However, without disturbing findings recorded by Courts below to conviction of accused, life..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement - Where marital discord between parties is settled and they are living together while leading a happy conjugal life, conviction u/s 498-A IPC not sustainable...........
