Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Cheque amount Rs.49, 000/- Accused sentenced 3 months SI and to pay fine of Rs.5, 000/- - Case pending for 11 years - Sentence reduced till rising of Court - Accused to pay compensation of Rs.60, 000/- to complainant...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 361, Indian Penal Code, 1860, Section 307 -- Benefit of probation to a convict u/s 307 IPC - Grant of relief u/s 361 Cr.P.C. or under Probation of Offenders Act should be granted where the offence is not very grave in nature and in certain cases where mens rea remain absent as in a case..........
Indian Penal Code, 1860, Section 323, 324, 326, 447 -- Reduction in sentence - Accused convicted - Occurrence took place 23 years ago - Accused since then facing trial which tantamounts to punishment and mental agony - Accused having their family and their children are in marriageable age - Sentence reduced to already undergone...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 498A -- Award of compensation - Power of criminal court - Held, even in case of sentence, of which fine does not form a part, Court has been empowered to award compensation to person, who suffered loss or injury by reason of offence...........
Criminal Procedure Code, 1973, Section 31 -- One trial for more than one offence - Award of sentence - Trial court, though framed charge in each of offences, failed to award punishment for each of distinct offences rather conjointly awarded sentence for 3 years and fine of Rs.500/- in default to 30 days SI - Held, punishment being not passed in consonance with provisions..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Death due to asphyxia due to drowning - Deceased married with accused about 10 years before her death - Deposition of brothers of deceased that their sister told them that accused tortured her - Evidence of brothers of deceased is inadmissible in evidence u/s 32(1) of Evidence Act - No evidence on..........
Prevention of Corruption Act, 1988, Section 13, 7 -- Sentence - Reduction of - Sessions Judge sentenced accused to undergo rigorous imprisonment for a term of two years and to pay fine of Rs.10.000/- for offences punishable u/s 7 of P.C. Act and to undergo rigorous imprisonment for four years and to pay a fine of Rs.15,000/- for offences punishable u/s 13(1)(d) r/w S.13(2)..........
Indian Penal Code, 1860, Section 302, 120B, 53 -- Murder - Death sentence - Challenge as to - Accused persons committed murder of deceased and his son while asleep on account illicit relationship of one accused with wife of deceased - Accused persons committed offence as they were devoid of sense upon coming to know about harassment and ill-treatment caused to wife by..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
