Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg 500 gms - Entire proceedings relating to search, seizure and recovery concluded at a place other than the site of occurrence - Contradictions arising out in the testimonies of official witnesses regarding timing of dispatch of Rukka - Genesis of prosecution version qua the manner,..........
Indian Penal Code, 1860, Section 307, 34, 323, 506 -- Attempt to Murder - Circumstantial evidence - Dispute between real brothers on possession of one room which was occupied by their father - Accused party forcibly taken out the household articles of injured from room in his absence and put their own articles - Civil litigation pending between the parties - Nature of..........
Indian Penal Code, 1860, Section 326, 452, 324, 323, 34 -- Grievous hurt with dangerous weapons - Quantum of sentence - Petitioner are neither previous convicts, nor involved in any other case - Petitioner are facing protracted criminal trial for last more than 13 years - Five injured were received by injured out of which only one injury was declared grievous in nature..........
Indian Penal Code, 1860, Section 207, 304A, 427 -- Death due to negligence - Quantum of sentence - Accused is not a previous convict not involved in any other case - Occurrence relates to 5 years back - Sentence of petitioner reduced to 1 year for the offence U/S 304A but sentence of fine and Imprisonment U/S 279 and 427 stand affirmed...........
Indian Penal Code, 1860, Section 332, 333, 356, 186 -- Causing grievous hurt to deter public servant from his duty - Accused deterred public servant from discharging his official duty and attacked him - Injured witness/public servant had set law in motion without any loss of time - Injured witness clearly deposed that accused attacked him and caused injuries - Medical..........
Indian Penal Code, 1860, Section 392, 120B, 216 -- Robbery - Accused `K' alerted his brother about visit of police and helped him in scaling wall and running away - Only allegation of harbouring made against accused `K' - But no charge was framed u/s 216 IPC - No allegation that petitioner had ever entered into criminal conspiracy with other co-accused for committing..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Motive not proved - Independent witnesses of recovery of knife declared hostile - No blood stains found on recovered knife - FSL found clothes of accused having blood stains of AB blood group but prosecution did not make any effort to rule out that blood group AB is not of accused -..........
Criminal Procedure Code, 1973, Section 427, 428 -- Sentence - Accused committed different offences under single transaction - Held, sentences must run concurrently and not consecutively...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Deceased died after six months of marriage by consumption of poisonous substance due to maltreatment and harassment met out by the accused and his family members - Evidence reveals that immediate before incident deceased was subjected to taunt and beatings on account of giving less dowry - Complainant..........
Indian Penal Code, 1860, Section 323, 325 -- Hurt - Reduction of sentence - All the injuries attributed to accused on person of complainant are simple in nature - Occurrence has also taken place due to trifle dispute - Both parties related to each other - Accused already faced the agony of litigation for more than twelve years - Sentence reduced to period already..........
