Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque signed by husband - Wife cannot be termed as drawer of cheque - Wife cannot be implicated under the provisions of Negotiable Instruments Act - Proceedings against wife quashed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Apart from recoveries, prosecution has successfully established chain of circumstances - There is sufficient evidence on record which points to the guilt of accused - Call detail records of accused, recovery of mobile phone instrument of deceased from accused, medical evidence available on..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Conviction u/s 302 IPC - Nature of injuries sustained by deceased grievous, sufficient to cause death in the ordinary course of nature - Accused did not set up a defence that there was a sudden quarrel in which they too received injuries from the deceased - Accused had clearly taken undue advantage of the..........
Indian Penal Code, 1860, Section 300 -- Culpable homicide - To bring a case within exception 4th to S.300, it has to be established that (a) the act was committed without premeditation; (b) in a sudden fight in the heat of passion upon a sudden quarrel; (c) without the offender having taken undue advantage; and (d) not having acted in a manner or unusual manner...........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C - Cognizance of offence taken by Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - A person may be summoned u/s 319 Cr.P.C even on a statement recorded during examinatio, i, chief even before cross-examination, as there is no principle as to point in time when such power may be exercised - However, it would all depend on facts of each case and quality and nature of evidence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109 -- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has cooked up a..........
