Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Parties obtained consent decree from DRT in view of settlement arrived at between them - Accused paid entire sum and there is no live issue which now survives - No criminality issue surviving qua accused, who are alive so as to..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in 8 cases u/s 138 of N.I Act - Sentences awarded to accused in said 8 cases shall run concurrently in view of Rajendra Kaba case...........
Indian Penal Code, 1860, Section 302 -- Murder - Partial statement of prosecution witness doubtful - Said statement cannot be used by accused as a defence to shake the prosecution case, where said fact/statement is predicated beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery not proved by independent witness - Said recovery cannot be ignored unless proved to the contrary...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(1)(b), (d) -- Criminal offence by company - Company alone can be prosecuted without its directors or a person in charge of affairs of company...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and deceased were living in rented accommodation, where dead body of deceased was found - He was seen going out after locking the room and room locked for 3 days - Accused made disclosure statement before police and room was opened by accused by taking keys from his pocket in presence of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Quantum of sentence - Accused already undergone a sentence for 3 years 9 months and 22 days with remission of 2 months and 25 days - Maximum punishment provided u/s 304(Part II) IPC is 10 years - Accused was now 44 years old - He hails from a poor background and his conduct in jail was reported..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
