Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 31 - - Cruelty - Abetment of suicide - Concurrent sentence - Accused convicted u/s 498-A IPC and sentenced to 2 years and u/s 306 IPC for 7 years R.I - Considering facts of case sentences to run concurrently...........
Indian Penal Code, 1860, Section 302, 392 -- Murder - Robbery - Circumstantial evidence - Last seen evidence - PWs 5 & 6 witnesses of last seen were duly confronted with their previous statements made to police u/s 161 Cr.P.C. - They are not reliable witnesses as they have improved the version of prosecution in Court - Once the disclosure statement and recovery of dead..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 52, 55 -- Recovery of 44 kgs of ganja - No evidence on record that samples were sealed by officer-i, charge of police station in whose custody articles were kept - Brass seal, which was used to seal articles and sample packets, has not been produced in Court - Malkhana Register of concerned police..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Inadequate sentence - As per provision of S.138 of the Act, Court is competent to punish accused, who is convicted u/s 138 of the Act with imprisonment for a term which may extend to two years, or with fine which extend to twice the amount of cheque or with both - In the instant case, Court below only..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Reduction of sentence - Sentence of R.I for 3 years for the offence u/s 498-A IPC affirmed - However, sentence u/s 304-B IPC reduced from 10 years R.I to 7 years R.I - Both the sentences shall run concurrently - Appeal dismissed...........
Indian Penal Code, 1860, Section 376, 302, 307 -- Rape - Accused committed rape on minor girl and also committed murder of her brother with aruval - Accused thereafter inflicted injuries on another minor girl who had seen the occurrence - Motive of accused was not to commit murder but to satisfy his lust otherwise he could have killed all of them - Courts below held that..........
Criminal Procedure Code, 1973, Section 354(3) -- Death sentence - As a matter of right it is imperative for Criminal Court to consider S.354(3) Cr.P.C. the `special reasons' for imposing death sentence - It is not sufficient for Court to give reasons pertaining to cruel and heinous acts of accused but Court must consider special reasons why it is of opinion that in a..........
Criminal trial -- Objectives of penology - Court must remain mindful of two fundamental objectives of penology while awarding sentence to accused in such grotesque cases: (a) deterrence and; (b) reformation - Other factors such as seriousness of crime, criminal history of accused and also his propensity to remorselessly commit similar dastardly crimes in future must be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Recovery of 70 grams of flowering materials of ganja plant, chillams and 43 modaks and 156 pipes from the betel shop of accused - No evidence on record to show as to where contraband items seized were kept till their production in the Court - Moreover, prosecution failed to establish that what was..........
