Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - Though no time limit is fixed for filing an application by near relatives to come on record - However, S.394(2) Cr.P.C. provides for a period of 30 days for filing an application for leave to continue appeal - Period of filing an..........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appeal does not abate on the death of appellant/accused - Near relatives of appellant would be entitled to come on record and continue to prosecute the appeal - If nobody comes forward to continue to prosecute the appeal, appeal can be closed as abated - However, abatement..........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - However, if nobody comes forward, nothing prevents State from recovering the fine...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appellate Court is not bound to dispose of appeal on merits, even after death of appellant and even if no near relative applies to appellate Court to come on record to challenge the sentence of fine...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - However, if near relative do not file an application to come on record, Court shall consign the appeal to record room - Consigning appeal to record room is only for purpose of enabling the near relatives to approach the Court to..........
Criminal Procedure Code, 1973, Section 372 -- An appeal against acquittal - Filed by victim in a case in which sentence of death or imprisonment of life could be awarded lies before a Division Bench of High Court...........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Sentence - Rarest of rare case - Accused committed murder of woman for committing robbery and husband was seriously injured and accused committed an offence u/S.307 of IPC against husband - Offences was committed in preplanned manner - Gold ornaments belongs to deceased and her husband were pledged by..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sentence - Accused convicted and sentenced to undergo R.I for 3 years with fine of Rs.25,000 each and in default of payment of fine, further to undergo S.I for 6 months - Since accused already remained incarcerated for the period of their conviction u/s 498-A IPC, they directed to be released forthwith - So far as Accused..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred when accused sat down to pass urine in order to tease deceased - Accused struck lathi blows when being objected by deceased who also hurled abuses - Incident occurred on the spur of moment - Accused has no mens rea to commit the murder of deceased - There is no predetermination and..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Reduction of sentence - Offence u/ss 307, 326, 457 IPC - Though two victims sustained grievous injuries on their persons but accused had no intention to cause death of those persons to constitute offence u/s 307 IPC - Order of conviction u/s 307 IPC set aside - Since accused is already behind bar for more than 1 1/2 years,..........
