Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Moral turpitude - An Advocate convicted for contempt of Court and sentenced to 6 months imprisonment and that he shall not enter the premises of Concerned District Judge for a period of 5 years - However, advocate filed an affidavit tendering unconditional apology before High Court - Keeping in view the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused convicted - Conviction based only on last seen evidence - Only last seen evidence proved against accused, which is not based on eye witness count - In the case of circumstantial evidence, there has to be ample number of circumstances so complete as to rule out any other possible hypothesis..........
Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115 -- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - Lack of - Finding or sentence passed by a Court of competent jurisdiction cannot be set aside merely on the ground of irregularity if no prejudice is caused to the accused - Plea of lack of jurisdiction neither raised at the trial nor any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Prior enmity between parties - Occurrence took place in heat of moment - Fatal injury was caused by co-accused, as accused caught hold of deceased and co-accused stabbed the deceased in his chest - Accused therefore, could at best be attributed common intention of sharing knowledge of likelihood of..........
Indian Penal Code, 1860, Section 468, 471 -- Offence u/ss 468, 471 IPC - Reduction of sentence - Though accused is more than 75 years of age and is suffering from severe ailments, however, keeping in view the innocence of villagers is misused to siphon the public money, sentence of accused cannot be reduced - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 31 -- Consecutive running of sentences - Term sentence and life imprisonment may be ordered to run consecutively if term sentence has to start first - Converse of the same may not be true for if Court directs life sentence to start first it would necessarily imply that term sentence would run concurrently...........
Criminal Procedure Code, 1973, Section 31 -- Concurrent running of sentences - Multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with life imprisonment - Life imprisonment so awarded cannot be directed to run consecutively - Such sentences would however, be super imposed over each other so that any remission or..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27, 30 -- Attempt to murder - Reduction of sentence - Accused are 65-66 years of age and are not previous convicts - Nor they committed any offence after the present offence - Sentence of 7 years R.I u/ss 307, 34 IPC, thus reduced to 3 years R.I, with fine of Rs.2000 each, in default of which they will..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Occurrence was of the year 1989 - Accused is now aged 50 years and is sole breadwinner of family - Undergoing 7 years R.I at this distant point of time would be too harsh - Sentence reduced from 7 years to 3 years...........
