Indian Penal Code, 1860, Section 325, 34 -- Offence u/ss 325, 34 IPC - Incident occurred in 1988 - One injured expired - Injured were duly compensated with amount of fine of Rs.50,000/- - Quantum of fine awarded in 1988 or so appears to be just and reasonable - View of High Court that accused have already undergone some reasonable length of jail sentence which is..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Reduction of sentence - Accused mother-i, law of deceased is now around 75 years of age and is not keeping well - She already undergone total jail sentence of 9 months - As regarding husband of deceased, he also undergone sentence of around 1 year and 1 month approximately and remarried with a..........
Indian Penal Code, 1860, Section 498A, 312 -- Cruelty - Miscarriage - No satisfactory evidence produced by prosecution to prove that deceased was ever subjected to cruelty by accused - Not even a single witness from locality was produced by prosecution to show that deceased was tortured by accused at any time - Evidence of PWs shows that there is no evidence of any injury..........
Indian Penal Code, 1860, Section 363, 368, 366 -- Kidnapping of two minor girls - Nature of sentence - Two minor girls were proved to be kidnapped by accused - Whereabouts of two missing girls not known till now - Accused should not be given any latitude as that would adversely affect interest of justice - Sentence awarded by trial Court is thus, proportionate to offence..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) - Quantum of sentence - Trial Court awarded sentence of R.I for 5 years only u/s 304(Part II) IPC - No special reasons recorded by trial Court - Considering nature of offence and trivial reason for which accused was enraged and assaulted deceased and that too by a knife causing six injuries, does not..........
Indian Penal Code, 1860, Section 307, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Compromise during pendency of appeal filed against conviction u/ss 498-A, 307/34 IPC and 3/4 Dowry Prohibition Act - Proceedings can be quashed or even appeal against conviction can be allowed when in matrimonial disputes relating to dowry etc. offender and victim compromise -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Incident occurred due to frustrated love affair of accused with victim and she become a paraplegic at the age of 18-19 - Accused was merely 21 years old at the time of incident and already served 12 years of imprisonment - Ends of justice would be met if sentence of accused is reduced from..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Assault with wooden danda on head with such force that there was fracture of skull and brain matter oozing out from the wound - Accused must be understood to have knowledge, if not intention that injuries caused by him are sufficient in the normal course to cause death - This would show that..........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
