Criminal Procedure Code, 1973, Section 427 -- Petitioner convicted and sentenced u/s 25 (IB) (a) of Arms Act - Subsequently he was convicted in another Sessions trial and sentenced to life imprisonment which was confirmed by High Court in appeal - Neither prayer for making sentence concurrent was made by petitioner before trial court when he was sentenced in subsequent..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304 -- Part II - Conviction u/s 304 Part II IPC - Appeal against - Suspension of sentence during pendency of appeal - Appellant completed more than 50% of sentence - Appellate had gone to the house of deceased armed with a lethal weapon and caused death of deceased at his house - Suspension of..........
Punjab Land Revenue Act, 1887, Section 16 -- Appointment of Lambardar - Petitioner appointed Lambardar by Collector considering him suitable as he is Ex. Panch, of 54 years of age, 11th class pass and owns more than 20 kanals of land in village - Respondent was removed from service on the ground of misconduct, he having committed embezzlement - In appeal, Commissioner..........
Indian Penal Code, 1860, Section 323,326,34 -- Hurt - Grievous hurt - Proof of - Accused caused grievous hurt to victim - Discharge certificate and X-ray report of injured showed that injured suffered from grievous hurt - Doctor who took X-ray was not examined and X-ray report was not produced - Held, prosecution failed to establish guilt of accused either for offence u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Punishment for - Principal amount of Rs.1,40,00,000/- had been paid by accused but interest which he had promised to pay by way of cheque could not be realised as cheque had bounced - It is also clear that despite the fact that complaint had been filed in the year 1996 and matter has been pending for 15..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused known to PWs1 and 2 - Accused named in FIR which was promptly lodged - Appellant pressed neck of deceased and threw acid on him - Manner of incident corroborated by post-mortem report - Statement of PWs1 and 2 consistent and natural - Their presence at the time of occurrence not doubtful - No reason that they will..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced in a criminal case - Appeal against conviction - High Court suspended sentence and granted bail without recording any reason - Order of suspension of sentence set aside - Held, (1) High Court has jurisdiction to permit any intervener opposing the..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 11, 12 -- Designated Court constituted under TADA Act while trying offence under the Act, can try and punish the convict and sentence the accused for offence punishable under the provisions of any other law connected with such offence, if so charged...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 11, 12 -- Designated Court constituted under TADA Act while trying offence under the Act, can try and punish the convict and sentence the accused for offence punishable under the provisions of any other law connected with such offence, if so charged...........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 354, 235 -- Rape with murder - Accused young man of 27 years working as a watchman of a building - Accused committed rape on helpless child of tender age and killed her - Murder was brutal - Trial court awarded death sentence - Death sentence commuted to life imprisonment which was extended..........
