Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Appeal against conviction - Recovery of 830 gms charas from car - Accused `M' driving car whereas accused `S' sitting with him - No evidence on record to show that accused were in conscious and exclusive possession of contraband - Moreover, there is no connectivity with regard to recovery of contraband by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW1, wife of deceased stated that there was no enmity between accused and deceased - Even accused were close relative of deceased and he had friendly terms with deceased - Enmity alleged was with co-accused - More so, two co-accused including one against whom motive was alleged..........
Indian Penal Code, 1860, Section 395, 397, Evidence Act, 1872, Section 9 -- Dacoity - Test Identification conducted in jail - Identification after two months of arrest but delay not explained - Accused were known to witnesses - Neither any injury caused by accused nor any looted property recovered from possession of accused - Solitary test Identification parade by itself..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 360 -- Attempt to murder - Benefit of probation - Accused inflicted knife blow in the abdomen of injured after taking undue advantage of position of injured - A brutal attack perpetuated by accused calls for both a deterrent and a retributive punishment - Sentence of four years cannot be said too..........
Indian Penal Code, 1860, Section 307 -- Nature of offence - Accused shot arrow which hit victim's left hand - Injuries were simple and not on vital part of body - Conviction and sentence altered from S.307 IPC to S.324 IPC and sentenced to period already undergone...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Issuance of three cheques - Cash payment made qua one cheque and said cheque returned - Two other cheques dishonoured - Defence of accused that two cheques were not returned and misused by complainant, as he has paid entire purchase money which is not probable, as if first cheque was returned by..........
Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Criminal breach of trust - Misappropriation of money - Appeal against conviction - Accused convicted and sentenced for R.I. 1 year and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months - Incident occurred three decades ago and accused has no previous criminal antecedent - Even, accused..........
Indian Penal Code, 1860, Section 302, 307, 506 -- Double murder - Death sentence - Accused was also convicted earlier u/s 304(i) IPC - Though accused killed two women in brutal and gruesome manner but there is also a mitigating circumstance in favour of accused that motive was due to land dispute and occurrence was proceeded by a quarrel - It is not a rarest of rare case..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - Offence u/s 307 IPC is not compoundable - However, taking into consideration the totality of the entire facts and circumstances of the case, sentence reduced to already undergone...........
