Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - There is nothing improbable in the examination-in-chief (PW1) more particularly considering a very scant & deficient cross-examination - There is nothing palpable or glaring in the evidence of the eyewitnesses - However, the evidence of the discovery of a pistol at the instance of the appellant cannot prove that..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 326A, 504, 506 -- Discharge - Offence u/ss 326-A, 504, 506 IPC - Injuries caused by acid burn - Prima facie material to frame charge against accused - Discharge application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures of accused on cheque itself is not enough for conviction u/s 138 of the Act - Existence of debt or legally enforceable liability is sine qua non...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-registration of FIR for theft of cheque by accused cannot be held to be fatal to defence of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is a security cheque, the same is an integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and can also be used towards discharging liability of drawer...........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
