Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Reduction in the quantum of sentence - Accident took place due to rash and negligent driving of the accused - Plea for reduction in quantum of sentence - Petitioner was a poor person and main bread winner of his family and not a previous convict - Sentence reduced to already undergone - Fine enhanced from..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 137, 32 -- Death sentence awarded to accused - His review petition for commutation rejected by Supreme Court - Second review petition allowed in view of the various other questions of far reaching importance having been raised in second review and set aside its earlier order passed in first review..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 32, 137, 72, 161 -- Judicial review of clemency power of President and Governor - Death sentence awarded to petitioner in a murder case - Governor commuted the death sentence into life imprisonment - Quashing of order - Held, unless the exercise..........
Protection of Human Rights Act, 1993, Section 12(i), Constitution of India, 1950, Article 162, 72 -- Death sentence awarded to accused - National Human Rights Commission has jurisdiction to make recommendation to Governor to commute the sentence...........
Indian Penal Code, 1860, Section 307, 325, 323, 148, 149 -- Reduction in sentence - Compounding of offence - Accused convicted u/ss 148, 307, 323 and 325 IPC r/w 149 IPC - Compromise between parties at appellate stage - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304, 498A -- Reduction in sentence - Conviction of appellant u/s 304-B and 498-A IPC maintained - No case made out for interference in conviction of appellant - Sentence and conviction u/s 304-B IPC reduced to 7 years RI from 10 years RI - Both the substantive sentences of imprisonment shall run concurrently...........
Indian Penal Code, 1860, Section 363, 376(2)(f) -- Rape of minor girl - Evidence showing that prosecutrix was not forcibly taken by accused from one place to another where her sister and brother in law were residing - Prosecutrix accompanied accused quite willingly - Keeping in view the younger age of accused, who was first offender and has already undergone sentence for a..........
Indian Penal Code, 1860, Section 465, 468, 471 -- Forgery - Accused a Sanitation Supervisor convicted and sentenced for making fake trading licenses - Incident 8 years old when petitioner was of tender age of 22 years, at which age one is vulnerable of being misguided and led astray - Petitioner an orphan, sole bread earner of his family consisting of minor child and wife..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), 7A, 20, 49, Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced u/s 307 of Indian Penal Code - Conviction and sentence upheld by High Court - Supreme Court directed State to make enquiry so as to determine age of accused - Accused found to be 15 years, 2 months and 2 days when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal - Direction for payment of compensation amount - Validity - Before condoning delay in preferring appeal and before admission of appeal against an order of conviction and sentence, Court directed payment of compensation amount - Held, statutory appeal is a substantive and vested right..........
