Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheque if issued to cheat - Prosecution u/s 138 NI Act and also under S.420 IPC can be launched - Section 138 NI Act is not introduced in lieu of S.420 IPC...........
Indian Penal Code, 1860, Section 302 -- Sudden fight between deceased and accused while they were taking drinks - Accused picked up a knife from kitchen and stabbed deceased - Case is covered by Exceptions 2 and 4 of Section 300 IPC - Conviction u/s 302 is liable to be converted to one under S.304 Part-I IPC - Sentence of 10 years imprisonment and fine awarded...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Corruption - Demand of Rs.200/- to process application for refund of earnest money and security deposit - Rs.150/- recovered from appellant - Defence explanation that amount was received by him not as bribe but to give to another contractor who had completed work of removing..........
Indian Penal Code, 1860, Section 302, 120B, 109 -- Murder - Criminal conspiracy - Charge against appellant and co-accused that they murdered appellant's love - Motive that deceased refused to get abortion allegedly conceived through appellant - Co-accused stabbed her to death - Co-accused convicted to life sentence - No eye witness - Circumstantial evidence - No positive..........
Criminal Procedure Code, 1973, Section 190, 200 -- 'Taking cognizance of an offence' & 'filing of complaint' - Distinction - Taking cognizance means the action taken by the Court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed - Taking cognizance of an offence can only be said when Magistrate applies..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded under Section 161 - What amounts to - Substance of interrogation recorded by investigation officer which was not in terms of S.161 - Cannot be regarded as statement under Section 161 - Same cannot be used for contradiction under Section 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
Indian Penal Code, 1860, Section 34 -- Common intention - The fact that either accused may have had his own motive for killing the deceased is not relevant in determining the common object or intention required under Section 34 of the Indian Panel Code...........
Indian Penal Code, 1860, Section 302, 392, 376 -- Acquittal by trial Court - Conviction by High Court - Appeal against conviction - Circumstantial evidence - Accused took victim away from convent where she was employed on false pretext that her mother was seriously ill - Dead body of victim found in railway track run over by trial - Jewellery missing and received at the..........
