Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were closely related and they had a close contact - They used to be together for a drinking - Motive of crime is not proved - Neither PW2 and PW6 stated that day before the incident there was any dispute and altercation between accused and deceased -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW7 who deposed that pieces of glass were found at the place of incident and opinion of doctor who performed postmortem creates a doubt about the prosecution story - No explanation by prosecution for presence of large number of glass pieces at the place where body of deceased was found - It..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW1 brother of deceased stated that PW4 informed him that accused had assaulted deceased by using a stick - However, PW1 did not state that PW4 was present when he reached the place where he found that deceased was laid in a tempo - Presence of PW4 at the time of incident is doubtful - Prior enmity of PW4 with accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Prevention of Money Laundering Act, 2002, Section 3, 2(1)(y), Indian Penal Code, 1860, Section 120B -- Money laundering - Criminal conspiracy - Offence punishable u/s 120-B IPC could become a scheduled offence only if conspiracy alleged is of committing an offence which is specifically included in the schedule to PMLA - Since, conspiracy alleged is of commission of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Lack or absence of motive is inconsequential when direct evidence establishes the crime...........
