Indian Penal Code, 1860, Section 420 -- Bogus drafts - Amount withdrawn from bank - Person who introduced accused to Bank to open account is not guilty of abetment or cheating...........
Indian Penal Code, 1860, Section 409 -- Misappropriation - Prosecution to prove entrustment only - Actual mode of entrustment or misappropriation not to be proved by prosecution - Once entrustment is proved it is for the accused to prove as to how the property entrusted was dealt by accused - Shortage of stock - Entrustment and shortage proved - Conviction upheld...........
Indian Penal Code, 1860, Section 409 -- Criminal Procedure Code, 1973, Section 197 - Sanction - Sanction under Section 197 of the Code is not a condition precedent for an offence under Section 409 IPC...........
Indian Penal Code, 1860, Section 302 -- Accused fired from his double barrel gun and killed deceased at the spot - Enmity between family members of complainant and accused due to litigation - PWs 1 and 2 eye witnesses to the occurrence - Trial Court accepted their version - Medical evidence at variance with ocular evidence regarding time of death not fatal - Medical..........
Indian Penal Code, 1860, Section 366 -- Kidnaping - Minor girl - Accused promised to marry her - She went with him on promise of marriage - Preparation of marriage at accused house were made - Promise of marriage amounts to enticement of minor - Conviction upheld...........
Indian Penal Code, 1860, Section 366 -- Kidnaping - If the accused played some role at any stage by which he either solicited or persuaded the minor to abandon the legal guardianship, he shall be guilty of kidnaping...........
Indian Penal Code, 1860, Section 147, 302, 149 -- Murder - Eleven accused - Acquittal by trial Court - Conviction of six by High Court - Murder while deceased was grazing cattle in field - PW1 nephew and PW2 brother of deceased eye witnesses - Trail Court found presence of eye witnesses doubtful and noticing contradictions between ocular evidence and medical evidence..........
Indian Penal Code, 1860, Section 149 -- Unlawfully assembly - Once a person is found to be member of unlawful assembly and participates in commission of an offence in prosecution of common object of that unlawful assembly, he cannot escape liability by plea that he did not cause serious injury...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction of appellant for offence of murder by his having shared a common intention with co-accused his father - Considerable discrepancies in evidence of witnesses as to language used by accused in causing exhortation to co-accused and not such act of exhortation attributed in initial report - Held, accused cannot be convicted..........
Indian Penal Code, 1860, Section 306 -- Demand of Dowry and harassment of deceased by the accused alleged - Deceased committing suicide by pouring kerosene and burning herself - Mother stating the source of her knowledge regarding demand of dowry and harassment from letters written by deceased - Letters not produced mentioning demand of dowry etc. - Adverse inference to be..........
