Indian Penal Code, 1860, Section 420 -- Cheating - Deception is essence of offence of cheating - Mere breach of contract is not criminal, unless it was at the same time dishonest and was manifested by some overt act...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Sale of goods - Non-payment of consideration amount - There can be civil remedy for non-payment of consideration amount, but no criminal case will be maintainable for it - Prima facie offence of cheating, criminal breach of trust or of criminal conspiracy not made out - Proceedings..........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - I.O was not examined - Non-examination of I.O. in attending circumstances rendered prosecution case to be doubtful if not false - Offence u/s 201 IPC could not have been proved without his examination...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Body of deceased was found from well of village - No case of ill treatment of deceased was ever registered against accused - Father of deceased/PW2 and PW10 stated that we suspected the role of accused to have murder the deceased - Doubt and suspicion cannot form basis of guilt of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Theory of conspiracy was disbelieved by High Court - There was thus, no basis or reason to have upheld conviction of A-2, particularly when on basis of very same set of evidence led by prosecution, principle conspirators involved in the crime were acquitted - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 147, 143, 148, 504 -- Murder - Testimony of sole eye witness - Land dispute between parties - Presence of accused on the spot is not disputed - PW1 stated that all accused were hiding in bushes at the spot - He though not clear as to which one of accused had assaulted deceased after he fell down, but he is categorical with regard to..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
