Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Criminal Procedure Code, 1973, Section 439, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 8, 9, Indian Penal Code, 1860, Section 323, 506, 109, 117, 366A, 373 -- Recovery of 31 girls detained for prostitution - No specific role assigned nor description of activities in statement of witnesses recorded u/s 161 Cr.P.C. - No specific evidence regarding inducing..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 107, 109 -- Wife - Illegal acquired property in the name of wife of public servant - Allowing to keep the ill-gotten wealth or disproportionate assets kept in the name of wife amounts to abetment - Wife cannot be discharged from the accusation of being abettor of the same and..........
Indian Penal Code, 1860, Section 302, 109 -- Murder - Motive - Quarrel between deceased and accused - Accused took out a button knife from his pocket and stabbed the deceased on the let side of his chest, as a result of which the deceased fell on the ground - Thereafter, all the accused ran away from the scene of occurrence - Brother of deceased took him to the hospital..........
Indian Penal Code, 1860, Section 494, 494, 109, Criminal Procedure Code, 1973, Section 379, 401, 200, 202 -- Second marriage during subsistence of first marriage - Parents of second wife well informed in advance that accused was already married and his marriage was subsisting - In the facts it is reasonable ground to believe that second wife and her parents were well aware..........
Indian Penal Code, 1860, Section 366, 109 -- For conviction u/s 366 IPC it is not necessary that there must be kidnapping or abduction as defined in Ss.359 to 361 or 362 - A person, guilty of abetment is equally responsible - Kidnapping or abducting woman with intent to force her to illicit intercourse amounts to an offence u/s 366 IPC...........
Indian Penal Code, 1860, Section 450, 376(1), 109(1) -- Reduction in sentence - Conviction u/s 376 and 450 - High Court reducing sentence to already undergone on the ground that accused are from rural areas - This is not adequate and special reason to reduce the sentence - Order of High Court set aside...........
Indian Penal Code, 1860, Section 109, 120B, 302 -- Murder - Abetment and conspiracy - Distinction as to - Offence of conspiracy is a bare agreement to commit an offence - It is made punishable u/s 120-B IPC - Offence of abetment created under the second clause of S.107 requires that there must be something more than mere conspiracy - There must be some act or illegal..........
Indian Penal Code, 1860, Section 494, Ranbir Penal Code, 1989, Section 109 -- Second marriage after passing of decree of divorce - Decree of divorce set aside - No offence of bigamy is committed as on the date second marriage was performed there was no subsisting first marriage...........
