Indian Penal Code, 1860, Section 300, 302 -- Double murder - Death sentence - Accused murdered his wife, whereby her foetus also died - No history of previous conviction of accused - Death of house wife is not rarest of rare case in context of present day situation of our society - No material on record showing that accused would be menace to society - Death sentence..........
Indian Penal Code, 1860, Section 300, 302, Criminal Procedure Code, 1973, Section 433A -- Double Murder - Death sentence - Death sentence modified to life imprisonment - Case falls under special category of sentences - Accused shall not be released from prison till completion of his actual imprisonment for 20 years...........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - Death of both victims was not only pre-planned, brutal and cold blooded but appellant was aware that if he was in his senses he would not be able to kill victims and it for this reason that he consume country liquor before entering his house on fated night - Accused found to uneducated and belonging to..........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of Judge and society would abhor rape..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment in default of payment - Award of one months imprisonment for default in payment of maintenance for 16 months - Court has no jurisdiction to enhance the sentence from one month to 11 months in the same proceedings...........
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A -- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already..........
Indian Penal Code, 1860, Section 63 -- Sentence of fine - S.63 IPC does not prescribe any limit but sentence should not be excessive with regard to gravity of offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - As per sentence awarded to accused, he would have completed 10 years in the year 2005 if he remained confined in jail for the said period - Sentence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - He was arrested in 1995 and he would have completed 10 years in 2005 if he remained confined in jail for the said period - Keeping in view the beneficial..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Right of private defence - Accused reasonably apprehended danger to his life when deceased `S' and his brothers started strangulating him after pushing him to floor - Shooting took place in a sudden fight in a heat of passion - Though accused exceeded his power of self defence but exercise of right was in..........
