Indian Penal Code, 1860, Section 302 -- Sentence - Only two modes of sentences - One, the maximum death, the other, the maximum imprisonment for life - Judge awarding 10 years of imprisonment - Its illegal and not sustainable - Every judge must be conscious and mindful of proportion between an offence committed and penalty imposed - Undeserved sympathy will give disastrous..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Conviction on account of sale of sub standard ice candies as presence of sucrose was less than the prescribed standard and there was presence of artificial sweetener - Reduction in sentence - Occurrence 17 years old and petitioner was 82 years old at the time of filing the revision - Infraction ruled against..........
Indian Penal Code, 1860, Section 420, 471 -- Securing employment on forged education certificate - Discharge from service - Conviction - Accused sentenced to 2 years RI - Accused lost his job and facing agony of trial for 24 years - Sentence reduced to 6 months - Sentence of fine maintained...........
Indian Penal Code, 1860, Section 302, 45, 57 -- Life imprisonment - Not an imprisonment for the whole of convicts life - A convict awarded life sentence has to undergo imprisonment for at least 14 years which is subject to exceptions of power of President and Governor vested under Articles 72 & 61 of Constitution of India...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 433, 433A, 432 -- Death sentence commuted to life imprisonment - Accused serving 17 years imprisonment out of which 14 years actual and 3 years remission - Seeking premature release - Not a fit case to release accused on completion of 14 years of imprisonment - Case for premature release may be..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - Mere number of persons killed is not by itself a circumstance which justifies the death sentence...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Young age of the accused persons - No criminal antecedents - Murder though brutal but not a diabolic murder nor had the murderers acted in depravity of their minds by disfiguring the bodies - Incident must have taken place barely within 10-15 minutes - Cruel acts on the part of the accused do not justify..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction in sentence - Entire amount of compensation alongwith fine as directed by trial Court paid - Accused facing criminal prosecution for the last seven years - Accused did not commit earlier any such or similar offence - Sentence of imprisonment set aside...........
Indian Penal Code, 1860, Section 427 -- Conviction u/s 427 IPC and accused sentenced to one year imprisonment - Accused not a habitual offender - Absence of previous criminal history - Incidence took place fifteen years back - Sentence of imprisonment set aside and substituted by fine alone...........
Criminal Procedure Code, 1973, Section 462, 465 -- Proceedings in wrong place - Effect thereof - Held, where there is no inherent lack of jurisdiction merely either on ground of lack of territorial jurisdiction or on ground of any irregularity of procedure an order or sentence awarded by a competent court cannot be set aside unless a prejudice is pleaded and proved which..........
