Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence - Appellate Court suspended sentence subject to deposit of Rs.1.00 lac - Condition imposed does not amount to denial of statutory right to appeal - However, condition modified to deposit of Rs.50, 000/- by the..........
Prevention of Corruption Act, 1988, Section 12 -- Corruption case - Allegations that accused offered bribe of Rs.2, 000/- to the DSP to hush up the matter - Accused convicted and sentenced to undergo R.I. for one year - Accused faced protracted trial for 14 years - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 306, 498A -- Conviction u/ss 498-A, 306 IPC and accused sentenced to 1 year and 7 months RI respectively - Incident 10 years old - Accused undergone more than two years of actual sentence - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused gave blows to deceased with fists and kicks - There was no repetition of injuries - Accused persons were not armed with any weapon - Deceased died due to blunt injury on abdomen - Held, there was no intention or knowledge to kill deceased - Conviction u/s 302 and 302/34 IPC altered to one u/s 323 IPC - Since..........
Indian Penal Code, 1860, Section 325, 34 -- Revision for enhancement of sentence - Accused convicted u/ss 325, 34 IPC - Accused given benefit of S.4 Probation of Offenders Act and they were directed to be released on executing a personal bond of Rs.20, 000/- with two sureties each of the like amount that they shall maintain peace and be of good behaviour for a period of..........
Indian Penal Code, 1860, Section 304B -- Reduction of sentence - Accused sentenced for 7 years RI which is the minimum sentence provided under law for an offence u/s 304-B IPC - Prayer for reduction of sentence rejected...........
Evidence Act, 1872, Section 3 -- Witness - Appreciation of evidence - Statement of a witness has to be read in its entirety - Not fair to pick up just a line from the entire statement and appreciate that evidence out of context and without reference to the preceding lines and lines appearing after that particular sentence...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Punishment - Husband of deceased, his mother and brother found guilty of offence - Mother and brother acquitted by High Court due to lack of evidence - Accused 48 years of age - Sentence reduced to 7 years from 10 years...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Accused sentenced to 7 years R.I. - Prosecutrix already married at the time of alleged incident - No documentary evidence available on record qua rape - No ossification test of prosecutrix conducted - Occurrence 12 years old - Accused sole bread earner of the family - Sentence reduced to already..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 200 gm of charas - Accused convicted and sentenced to one year - Accused not a previous convict - Convict sole bread earner of his family consisting of four children - Accused already undergone about four months of sentence - Held, keeping in view of the antecedents of the accused sentence..........
