Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Cheque amount Rs.49, 000/- Accused sentenced 3 months SI and to pay fine of Rs.5, 000/- - Case pending for 11 years - Sentence reduced till rising of Court - Accused to pay compensation of Rs.60, 000/- to complainant...........
Criminal Procedure Code, 1973, Section 211, Prevention of Food Adulteration Act, 1954, Section 7(ii) -- Adulteration of food - Framing of charge - Error or irregularity therein - Held, an error or omission or irregularity in framing charge is not sufficient for upsetting conviction unless prejudice or failure of justice is shown...........
Indian Penal Code, 1860, Section 302 -- Testimony of sole eye witness convincing, reliable and trustworthy - Conviction can be based on the reliable and convincing evidence of the sole eye witness...........
Criminal Procedure Code, 1973, Section 222, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(2)(i), 3(5) -- Charge framed u/s 3(5) but accused convicted u/s 3(2)(i) - Conviction bad in law...........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide - Proof - Contention that doctor has not opined that injury sustained by deceased was sufficient to cause death in ordinary course of nature and, therefore, no conviction u/s 304 Part-I of IPC could be accorded - Held, if doctor has not opined about nature of injury, courts are not helpless and they can..........
Indian Penal Code, 1860, Section 304 -- Nature of offence - One lathi blow given on head of deceased - Blow was forceful as a result of which deceased died within an hour before he could be taken to the hospital - Although it is a case of culpable homicide not amounting to murder but considering the nature of the injuries which was caused on a vital part of the body, there..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused no.1 had given knife blow piercing through chest and lung of deceased - Act of accused and seriousness of injury clearly shows that accused had intention and knowledge that his act of hitting on vital parts of deceased would definitely cause death - Therefore, guilt of accused is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction of co-accused no.2 & 3 - In absence of any allegations regarding co-accused carrying weapons and in case of serious doubts regarding their presence at place of occurrence - Prosecution story found to be unbelievable - Therefore, co-accused entitled to benefit of doubt - Conviction of accused..........
Indian Penal Code, 1860, Section 304 -- Part I - Nature of offence - Sudden quarrel - Appellant got enraged and took out a hansiya from his house and attacked the complainant who received minor injuries - Single blow given to deceased by spear resulting in death - Incident took place without premeditation in a sudden fight - Accused did not take any undue advantage and did..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape or attempt to commit rape can be based on the sole testimony of the prosecutrix, provided that it is found reliable, unimpeachable and it is without any infirmity...........
