Service -- Temporary embezzlement and forgery - Quantum of punishment - Appellant dismissed from service on account of misconduct of temporary embezzlement and forgery - High Court modified the sentence to compulsory retirement without pensionary benefits in view of R.23 of Life Insurance Corporation of India (Employees) Pension Rules, 1995 - Taking into account the..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Reduction of sentence - Bribe amount is Rs.500/- - Accused has faced agony of litigation for last more than 22 years - No material on record that accused is previous convict - Sentence reduced u/s 7 of Act from 2 years R.I. to 6 months R.I and sentence u/s 13(2) of Act reduced from 2 years R.I..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 350 gms of opium - Reduction of sentence - Accused convicted and sentenced to 5 years R.I and to pay fine of Rs.5000/- - Accused already undergone substantive sentence of about 10 months - Accused was below 20 years of age at the time of commission of offence and he was a poor man, having old..........
Indian Penal Code, 1860, Section 328 -- Causing hurt by poisoning - Informant was poisoned or some sort of sedative was administered by accused in order to remove his belongings - Doctor not examined to prove that any poisonous substance was found in body of victim - Ocular evidence not supporting prosecution case as none of PWs has claimed to be eye witness to occurrence..........
Indian Penal Code, 1860, Section 498A -- Cruelty - PWs stated that deceased was subjected to harassment and in fact on date of death there was a phone call made to father of deceased regarding harassment - Evidence on record is more than adequate to prove beyond reasonable doubt the guilt of accused u/s 498-A IPC - Conviction u/s 498-A IPC upheld - However, accused already..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Ample evidence regarding harassment of deceased by accused Nos.1 to 3 and 5 - Against accused No.4, who was studying in the school at relevant time, there is no evidence as to any harassment - While maintaining conviction u/s 498-A IPC in respect of accused Nos.1 to 3 and 5 accused No.4 is liable to be acquitted u/s 498-A..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Occurrence took place about 14 years ago - Three persons committed suicide on account of instigation made by accused persons, thus undue leniency should not be given in the matter of sentence - But slight modification permitted thus sentence of 6 years R.I imposed on accused u/s 306 IPC..........
Criminal Procedure Code, 1973, Section 235 -- Judgment on conviction - Mandatory minimum punishment is 7 years u/s 304-B IPC - There is no minimum punishment u/ss 498-A & 201 IPC - Since the sentence u/s 498-A IPC is 2 years R.I and 1 years R.I u/s 201 IPC are to run concurrently - No prejudice whatsoever is caused to accused persons - It is not a fit case for following..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 15 kgs ganja - Reduction of sentence - Accused sentenced to undergo R.I. of 4 years, which is not too much - As alleged recovered ganja is approximately 15 kgs. which is more than small quantity, sentence awarded cannot be said to be excessive - No infirmity in the sentence awarded - Appeal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 500 gms. Ganja from dicky of scooter of accused - Accused convicted and sentenced to undergo R.I for 6 months - However, accused already undergone about 4 months of sentence - Sentence reduced to period already undergone...........
