Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of accused that he and complainant were jointly doing contract works of Municipality and in connection with that business he issued a signed blank cheque to complainant, which was misused by him - No evidence was adduced by accused to prove his case - Accused admitted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Modification of - Trial Court imposed a sentence of RI for two months and to pay a fine of Rs.62,000/- - Appellate Court confirmed his conviction and sentence - Held, transaction is of year 1997 - Therefore, a lenient view is taken and sentence of imprisonment till rising of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Cheque in question for a sum of Rs.57,600 dishonoured - Imposition of sentence of imprisonment - Revision against - Held, conviction upheld - Sentence of imprisonment ordered against petitioner is modified and reduced into one day simple imprisonment, i.e. till..........
Indian Penal Code, 1860, Section 323, 34 -- Voluntarily causing hurt - Proof of - Evidence of PW1 goes to prove that she was assaulted by accused Nos.1 and 2 in the course of quarrel and there is no reason to dislodge her version - Moreover, her immediate conduct is also pertinent to note since she went to nearby village locality and urged Police Patil to help her -..........
Indian Penal Code, 1860, Section 323, 34, Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360 -- Incident occurred on spur of moment and is traverse in nature - Appellants doesn't have any previous conviction - Complainant left village about 11 years back - Complainant as well as appellants are residing peacefully for last 11 years in..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, 35, 54, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20 -- Charas - Recovery from accused while..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Concurrent findings of Courts below on the basis of reliable evidence - No interference warranted...........
Indian Penal Code, 1860, Section 302 -- Murder - Knowledge and intention to kill - Two litres of kerosene found at scene of offence - Accused in a most heinous manner committed offence by pouring kerosene on his wife and set her at fire - Offence committed with knowledge and intention - Held, not possible to alter conviction from S.302 to S.304(Part II) IPC particularly..........
Indian Penal Code, 1860, Section 304 -- While playing cricket quarrel started due to the reason whether accused was out or not - Accused snatched cricket bat and gave a blow with it on head of deceased - There was no enmity between accused and deceased - Incident took place all of a sudden while playing cricket - Exception 4 to S.300 IPC is attracted - Offence falls u/s..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Informant has supported prosecution case in his evidence - But his evidence is not fully reliable - Investigating officer has not been examined in this case - Independent witnesses and villagers named in FIR have turned hostile and they have not corroborated evidence of informant - Held, it becomes doubtful whether..........
