Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 320 -- Non compoundable offence - Compromise - Conviction u/ss 279 & 304-A IPC - Compromise during pendency of appeal in Supreme Court - Parties allowed to compromise - Conviction maintained - Fine enhanced from Rs.2, 000/- to Rs.20, 000/- to be paid to parents of deceased - Sentence reduced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 14 kg. - Accused convicted and sentenced to undergo RI for three years and to pay a fine of Rs.5, 000/- - Recovery effected from accused minor - Accused facing criminal proceedings for the last two years - Sentence reduced from three years RI to 8 months RI...........
Indian Penal Code, 1860, Section 326, 320 -- Offence u/s 326 IPC - Before a conviction for the sentence of grievous hurt can be passed, one of the injuries defined in S.320 must be strictly proved, and the eights clause is no exception to the general rule of law that a penal statute must be construed strictly...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Murder - Death sentence - Confirmation of death sentence - Conclusions of High Court sketchy - Some of the conclusions were contrary to record - Almost all conclusions are based on surmises and conjectures - Order of High Court set aside - Case remanded back for fresh consideration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 3.70 kgs. - Accused convicted and sentenced to 12 years RI and fined Rs.one lakh - Accused in jail for 6 years and 8 months - Accused not convicted in any other case - Accused not an experienced smuggler of charas but was probably a small time peddler - Sentence reduced to 10 years...........
Indian Penal Code, 1860, Section 326 -- Conviction for pouring acid on head whereby face, neck, eyes, chest etc. were burnt and accused sentenced three years RI - High Court reduced the sentence to already undergone which is 35 days only - Held, there was no occasion for the High Court to reduce the sentence to already undergone - In such a heinous crime accused deserves..........
Indian Penal Code, 1860, Section 302 -- Murder of five members of family - Death sentence - Motive not proved - Case based on circumstantial evidence - Not a rarest of rare case - Death sentence commuted to life imprisonment but accused not to be released before completion of 20 years imprisonment...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Offence u/ss 307, 326 IPC - Reduction of sentence to fine only - Challenge as to - High Court waived off custodial sentence on ground that sending accused jail after 10 years would not serve useful purpose - Delay in criminal trial not caused by prosecution - Also High Court made mistake to think that all..........
Indian Penal Code, 1860, Section 326 -- Quantum of sentence - Conviction u/s 326 IPC - Incident 30 years old - Appellant not indulged in any criminal activity, thereafter - Appellant must have acted under the influence of his father, who was in fact main actor in whole drama - There was no evidence on record that injuries were very serious and endangered the life of..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 433 -- Conviction u/s 7/16 of PFA - Accused sentenced to six months imprisonment and fine of Rs.1, 000/- - Held, that petitioner has faced trial for more than a decade - He was in custody for more than a month - Case of petitioner sent to Govt. for commutation of sentence -..........
