Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal - Declined - Reasons not given for expressing apprehension that petitioner may not appear before Court if sentence is suspended - It is always open for appellate Court to impose a condition upon a convict for ensuring his presence during pendency of appeal while suspending his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Accused contended that there is no evidence in respect of ownership of house from where recovery was effected and said house being accessible to all - Accused was found present at spot and recovery was effected in presence of accused thus contention as to house being accessible to..........
Evidence Act, 1872, Section 30, 3 -- Extra judicial confession of co-accused - Does not come within the definition of `evidence' u/s 3 of the Act as it was not required to be given on oath in presence of accused and could not be tested by cross-examination - It is a weak type of evidence which cannot be made the foundation for conviction of co-accused and could only be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Extra judicial confession of co-accused - Weapon of offence not attributed to appellant but was allegedly used and thrown by deceased accused - It is difficult to appreciate and accept that blood would remain on pharsa when it remained in water for six days - Purchases made from PWs are not covered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 gms of heroin - Non-compliance of S.50 of the Act - Requirement u/s 50 of the Act not complied with by merely informing accused of his option to be searched either in presence of gazetted officer or before Magistrate as an endeavour should be made to produce the suspect before the nearest..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 305 -- Dishonour of cheque - Offence by company - Appointment of a person for the purpose of inquiry or trial - No bail bonds can be taken from the representative and his presence cannot be compelled on each and every date...........
Indian Penal Code, 1860, Section 498A, 302 -- Dowry death - Where married sister-i, law (Nanad) or Bhabhi are living separately but have been named in the commission of any matrimonial crime, onus is on prosecution to prove the presence of such accused in comparison to the person who is physically residing as part of matrimonial home, is much higher...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Conviction - Validity - Appellants alleged to have attacked deceased and caused his death in furtherance of their common object - Eye-witness in his testimony not stated about presence of appellants at place of occurrence and did not attribute any role to them in occurrence - Names of appellants..........
Indian Penal Code, 1860, Section 148, 149 -- Unlawful assembly - Held, mere presence or association with other members alone does not per se be sufficient to hold everyone of them criminally liable for offences committed by others unless there was sufficient evidence on record to show that one such also intended to or knew likelihood of commission of such an offending act...........
Indian Penal Code, 1860, Section 417 -- Cheating - Prosecutrix admitted that she was in love with accused and got engaged in the presence of friends and relatives of prosecutrix - Thereafter, they both had gone to Registering Office of Marriages and have given a notice of intended marriage - It cannot be said that accused did not have the intention to renege from his..........
