Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter finally settled between parties and liability is discharged - Accused has already deposited 10% of cheque amount with Punjab State Legal Services Authority, in compliance of Court's order - Permission to compound offence u/s 138 of the Act granted - Conviction and..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Collusion between three wheeler and bus - Death of four passengers of three-wheeler - Three-wheeler being driven by complainant at the time of accident was proceeding in the wrong lane/road, giving no time at all to driver of bus to avoid hitting three-wheeler - Bus driver in such situation..........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Out of total sentence of 10 years, accused has already undergone more than 3 years of actual sentence - Appeal not likely to be heard in near future - Sentence suspended...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Offence u/ss 304-B, 498-A, 201 IPC - After perusing judgment and depositions of witnesses and considering findings on which order of conviction is based and also considering the further fact that this case is a case of term imprisonment and accused was on bail during trial and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 54 kgs of ganja out of which 21 kg was recovered from petitioner/accused - Reduction of sentence - As per testimony of witnesses and seizure memo, 1 kg of sample was sent to FSL for examination and when same was received at FSL it weighed 963 gms - However, difference in weight is for..........
Contempt of Courts Act, 1971, Section 2(c)(i), 12 -- Criminal contempt - Baseless disparaging remarks of bias and corruption against judges of High Court, which were published in Local newspaper - Accusing judges of corruption results in denigration of institution which has an effect of lowering the confidence of public in system of administration of justice - Allegations..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence against accused is untrustworthy, unreliable, embellished, exaggerated and motivated to ensure implication of both accused - Even, there is no evidence against co-accused that he was inimically disposed towards deceased - Prosecution failed to prove case..........
Indian Penal Code, 1860, Section 376 -- Rape - False assurance of marriage - Accused allegedly made physical relations with prosecutrix on number of occasions on the false pretext and assurance of marriage on account of which she conceived and gave birth to baby girl - However, accused refused to marry prosecutrix and on the contrary demanded Rs.3 lakhs if he is to marry..........
Criminal Procedure Code, 1973, Section 235(2), Indian Penal Code, 1860, Section 376, 302, 392 -- Death sentence - Rape and murder - Parties heard on sentence and accused sentenced to death on the same day - Merely because no separate date is fixed for hearing on sentence, it cannot be said that there is violation of S.235(2) Cr.P.C., as there is no mandate in S.235(2)..........
