Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused though had knowledge and intention that his act would cause bodily harm to deceased but did not want to do away with deceased - Case of accused thus, falls u/s 300 Exceptions 1 to 4 IPC - Accused liable to be convicted u/s 304(Part I) IPC and sentenced to R.I of 10 years with fine of Rs.5,000..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Reduction of sentence - Accused persons are first time offenders and occurrence pertains to the year 2012 - Co-accused has since qualified as MCA and is working as such and accused has graduated and is now working as a professional - During last 10 years, accused persons have maintained good..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of tenant can be struck off in the event of default in paying monthly amount of rent within a week from date of its accrual...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
