Indian Penal Code, 1860, Section 395, 412, 147 -- Dacoity - Neither accused `B' nor accused `S' was put to TIP by investigating officer and no plausible reason was given by prosecution to the same - PWs deposed nothing against these accused persons - Making a plan to commit dacoity overheard by PW3 from a distance of 3-4 meters, can hardly be said to be a clinching..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 bags of poppy husk - Quantum of sentence - Keeping in view the facts and circumstances of case, sentence imposed by trial Court is excessive, sentence therefore, modified from 15 years R.I to 10 years R.I with 1 lac fine and default sentence remaining same...........
Indian Penal Code, 1860, Section 323, 307, 34 -- Voluntarily causing hurt - Attempt to murder - Accused fired shot at injured and assaulted him with lathi and danda - Presence of injured at the place of incident cannot be doubted - Injuries sustained by injured were simple in nature - No internal damage was caused to injured nor injuries were dangerous to life - Case would..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by hanging - Delay in lodging FIR properly explained - No specific allegation of harassment of deceased by accused, much less harassment involving physical or mental torture by positive acts - Prosecution failed to establish that demands made by accused had a reasonable connection with death of deceased - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, 29 -- Recovery of 5.300 kgs opium - Reduction of sentence - Appellants not previous convict and not involved in any other case - More so, appellants are in custody from the last nine years and seven months and also suffered pain and agony of a protracted trial - Sentence reduced from twelve years to ten..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Search and seizure not conducted complying with the provisions of law - Delay in lodging FIR - Seizure of ganja was not proved as ten packets of ganja recovered from the possession of accused but it is impossible for accused to carry 10 packets of 15 kg. each in his..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder of 8 years child - Death sentence - Acquittal by High Court : (i) Prosecution version that four accused persons, mother and her three sons, killed the boy aged 8 years to perform Puja - Evidence of sole witness that he saw the boy and accused in the Baithak of accused - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Contraband - Default sentence in payment of fine - NDPS Act does not provide for any imprisonment in case of default of payment of fine - However, provision of S.25 of General Clauses Act, Ss 63 to 70 IPC & provisions of Cr.P.C. for the time being in force in relation to issue, shall apply to all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 1 kg heroin - Reduction of sentence - Since accused has already undergone the substantive sentence of 10 years of imprisonment u/ss 8, 21 of Act, Order in respect of 2 years S.I in case of default in payment of fine is modified and reduced to a period of 10 months R.I...........
Indian Penal Code, 1860, Section 394, 324, 411 -- Voluntary causing hurt in committing robbery - Accused alone caused hurt to PW4 with the weapon before snatching away her golden ornaments - Neither any person other than accused caused alleged hurt nor any person was jointly concerned in alleged commission of offence of robbery - Injury sustained by PW4 is simple in nature..........
