Indian Penal Code, 1860, Section 395, 452, 427, 504, 506, Uttar Pradesh Dacoity Affected Areas Act, 1983, Section 2(b), 7(2) -- Offence u/s 395 IPC is a scheduled offence within the meaning of S.2(b) of Uttar Pradesh Act - Offence is triable exclusively by the Court of Session - Since all other offences committed in the same transaction in one incident as such trial in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Bail - Offence u/ss 302, 307, 323, 427, 147, 148, 149 IPC & S.3/25 Arms Act - Third application - Main accused released on bail on second application - Looking to the accusation against the present petitioner, no useful purpose..........
Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 427(1) -- Concurrent sentences - Sentence awarded to the appellant under the Arms Act to run concurrently with the sentence awarded to him u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 376, 302 -- Concurrent running of sentences - Offence of rape and murder - Accused convicted and sentenced to 10 years RI for rape and to life imprisonment for murder - Held, when life imprisonment awarded, all other punishments of common trial have to run concurrently...........
Indian Penal Code, 1860, Section 447, 427, Punjab Panchayati Raj Act, 1994, Section 44 -- Criminal trespass - Conviction for - Challenging on ground of lack of jurisdiction of Court of Sub-Divisional Judicial Magistrate - As per Schedule II of the Act, offence u/ss.447 and 427 are cognizable by Gram Panchayat - As per S.45 of the Act, any Magistrate, who takes cognizance..........
Indian Penal Code, 1860, Section 427 -- Conviction u/s 427 IPC and accused sentenced to one year imprisonment - Accused not a habitual offender - Absence of previous criminal history - Incidence took place fifteen years back - Sentence of imprisonment set aside and substituted by fine alone...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
Indian Penal Code, 1860, Section 304A, 279, 427 -- Accused convicted and sentenced u/ss 304-A, 279, 427 IPC - Accused seeking probation - Held, probation should not be granted in accident cases - Accused suffered protracted trial of 8 years - Sentence reduced to 9 months RI...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Petitioner was convicted u/ss 302 & 224 of Indian Penal Code and sentenced to life imprisonment and two years rigorous imprisonment in Sessions Trial No.321 of 2005 and in Cr. appeal No.44 of 2008 respectively - Held, as per provision of S.427(2) of the Code subsequent sentence shall run..........
