Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Main accused fled after the incident to Pakistan with the assistance of present accused persons - Accused were involved in disappearance of evidence, as blood stained gunny bag/bori was found at the instance of accused - Even, weapon of offence also recovered at the instance of accused - Accused rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - There is no bar under Cr.P.C against permitting a complainant to amend his complaint, as there is no specific provision in Cr.P.C dealing with amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - There is no dispute about cheque number and its issuance by accused - Mistake is a simple infirmity which is curable by means of formal amendment and by allowing such amendment no prejudice would be caused to complainant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - It is curable infirmity which can be cured through amendment at any stage before pronouncement of judgment...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Entire case is based on circumstantial evidence - No incriminating article was recovered from possession of accused - Credibility of testimony of witnesses is to be examined by trial Court at the relevant time - No apprehension if accused released on bail is going to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Evidence Act, 1872, Section 65B, 58, Indian Penal Code, 1860, Section 500 -- Defamatory email - Accused admitted in his evidence and statement u/s 313 Cr.P.C. of having sent the email - Prosecution cannot rely upon defence evidence - Statement of accused u/s 313 Cr.P.C. cannot be read in evidence - Complainant is required to prove email by otherwise than admission -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque that has been place on record of trial Court also does not indicate as to on which branch the same has been drawn - Accused has in statement recorded u/s 242 of Cr.P.C, specifically denied having issued cheque and further stated that account in question does not pertain to accused - Question of..........
