Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused has retired and his wife has died and his daughter is 34 years old and she is handicap - Hence, accused is convicted and sentenced to 4 months and directed to pay double the cheque amount as compensation u/s 357 Cr.P.C...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Deceased committed suicide by poisoning - Occurrence took place more than 13 years back - Deceased left one years old child at the time of occurrence, which is being looked after by accused - Accused also faced agony of proceedings for the last 13 years - Some leniency is granted to accused -..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Enhancement of sentence to death penalty - Previous enmity between parties existed - Accused proved to be from the same village who are neither having any criminal antecedents nor they are history-sheeters - Case is an apparent example of family feud gone horribly wrong - Accused are not posing..........
Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Reduction of sentence - Main injury on the head of accused `L' was caused by accused who has since died - Role of other accused is not as serious as that of accused `L' - All accused had already undergone almost one year of their sentence - Since all accused had faced agony of protracted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Reduction of sentence - Accused was 23 years of age at the time of occurrence - He is not involved in any other criminal activity and is facing agony of proceedings for the last more than 12 and a half year - Lenient view in the matter of sentence would suffice the ends of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Reduction of sentence - Recovery of 30 kgs poppy husk - Accused has old mother to look after and his father has already expired and he is only bread earner in his family - Accused facing litigation for last more than 12 years and during this period he has not indulged in any..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Benefit of juvenility - Offence u/ss 302, 148, 149 IPC - Accused was aged 17 years on the date of incident - He was not a juvenile under the provisions of J.J. Act, 1986 - However, J.J. Act 2000 came into force during pendency of proceedings - Benefit of J.J. Act 2000 should be extended to accused..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Sole eye witness of incident assigned no role to accused `R' - Accused `R' neither present at the place of incident nor he assaulted deceased - Eye witness named all accused except accused `R' - Trial Court and High Court committed error by convicting accused `R' - Conviction & sentence set aside - Accused `R'..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 23.5 kg chura post - Conscious possession - Reduction of sentence - Accused convicted and sentenced to R.I of 4 years with fine of Rs.10,000 - He was just 22 years old when recovery was effected and remained in custody for three years and one month - Accused has a family to maintain - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Reduction in default sentence - Recovery of 46 kgs of ganja - Accused was convicted and sentenced to undergo R.I. for 10 years and pay fine of Rs.1 lac, and in default to undergo R.I. for 2 years - Accused is unable to pay fine because of extreme poverty for which he has to suffer further term of..........
