Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Non-recovery of weapon of offence - Where testimony of injured witness is more believable and is consistent throughout, non-recovery of weapon used in the crime would not be of much importance...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Once firearm that too .12 Bore gun is used for causing on frontal part of injured, no doubt can be raised with respect to intention of accused i.e gunshot was fired to cause murder - Contention that injuries are simple in nature thus, no offence u/s 307 IPC is made out is baseless - Accused rightly convicted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused is now 60 years of age - He actually undergone substantive sentence of 5 years, 1 month and 12 days by adding earned remission, out of total sentence of 7 years - No other case is pending against accused - Sentence reduced to period already undergone by him - However, remaining part..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Commission of any offence or leveling allegations of commission of offence is not sufficient to freeze the accounts of a person except as permissible under law - Freezing of accounts is not permissible for infinite period particularly when property is neither a suspected stolen property nor there is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
