Indian Penal Code, 1860, Section 326 -- Accused convicted u/s 326 IPC - Accused sentenced to one year SI and to pay fine of Rs.5, 000/- - Accused not previous convict - Accused faced protracted trial for 13 years - Conviction maintained - Sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 409,420,471,465,477, 120B, Prevention of Corruption Act, 1988, Section 13(2),13(1)(c),13(1)(c) -- Bail during pendency of appeal - Accused has undergone nearly two years of sentence out of four years as awarded by trial court - High court rejected prayer of suspension of sentence and grant of bail..........
Criminal Procedure Code, 1973, Section 475, Navy Act, 1957, Section 3(13), 77, 78, Rule 3, 4, 5, 6, 7 - - Offence by Naval Staff - Lack of jurisdiction - Issue of - Held, issue of lack of jurisdiction of trial court can be taken up for first time before appellate court and it is required to be decided on merits - If it is found by appellate court that trial court lacked..........
Indian Penal Code, 1860, Section 302, 307 -- Accused persons were armed - No direct exhortation to kill - It was to the effect that deceased and others should not be permitted to run away and should be attacked - On hearing of exhortation accused No.2 pierced the spear to the chest of the deceased - Appropriate conviction would be u/s 307 r/w S.110 IPC - Custodial sentence..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Accused convicted and sentenced to undergo RI for 6 months and fine of Rs.1, 000/- when sample of the tea leaves not found as per prescribed standard - Accused faced protracted trial for 20 years - Sentence reduced to already undergone - Fine enhanced to Rs.10, 000/-...........
Indian Penal Code, 1860, Section 148, 392, 452 -- Appellant along with some others entered into the house of PW1 and committed robbery - Liable to be convicted u/ss 148, 392 and 452 IPC - Order of sentence passed by trial court restored - Order passed by High court set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence during pendency of appeal - Dishonour of cheque - Accused convicted - Appeal against - Sentence suspended during pendency of appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Criminal Procedure Code, 1973, Section 235(2) -- Accused not heard on the question of sentence - However, sentence imposed found to be just and proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia), 21 -- (as amended by Amendment Act No.9 of 2001) - Contraband - Possession - By Amending Act of 2001, "Commercial quantity" and "small quantity" were defined - As on date of commission of offence and conviction, there was no distinction between a small quantity and a commercial quantity -..........
