Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 357 -- Reduction in sentence - Incident resulted in injuries to both the parties - Incident took place because of a sudden fight - Nature of injuries inflicted, absence of any criminal antecedents of accused and period that has elapsed since the occurrence, all call for a suitable alteration in..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354(3), 235(2) -- Murder - Death sentence - Life imprisonment is the rule and death sentence an exception - Mitigating circumstances must be given due consideration - In considering the question of sentence Court must show a real and abiding concern for the dignity of human life which must..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354(3), 235(2) -- Murder - Death sentence - Merely because accused committed murder in a very brutal and inhuman fashion, that alone cannot justify inflicting of death penalty...........
Criminal Procedure Code, 1973, Section 394 -- Abatement of Appeal - If appeal is preferred against order of conviction of trial Court and sentence is either composite sentence of imprisonment and fine or is merely sentence of fine, appeal would not abate on the death of appellant...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Directors of Company - Vicarious liability - Sentence - Petitioners-accused Nos.2 and 3 have already suffered the sentence of imprisonment awarded to them under the impugned judgment - Held, interest of justice would be sub served if any further substantial punishment is not awarded and same is..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Long delay - Not a ground for reduction of sentence when statue prescribes minimum sentence - In cases where minimum sentence is not prescribed Court can consider the delay and its effect and the ultimate decision...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - In a case of corruption by public servant quantum of amount is immaterial - Ultimately it depends upon the conduct of the delinquent and the proof regarding demand and acceptance established by the prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Loss of job due to conviction - Not a mitigating circumstance for reduction of sentence particularly when Statute prescribes minimum sentence...........
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142 -- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly,..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Principles governing : (a) When the Court issues notice confining to particular aspect/sentence, arguments will be heard only to that extent unless some extraordinary circumstance/material is shown to the Court for arguing the matter on all aspects; (b) Long delay in disposal of appeal or any..........
