Indian Penal Code, 1860, Section 323, 341, 447, 307, 34 -- Conviction - Appeal against - PWs made improvements and contradictions in their testimony regarding place of occurrence and also eye witnesses of the occurrence - Prosecution story doubtful - Prosecution also failed to explain injuries on the person of accused - Ends of justice will be met if the sentence is..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(2) r, w, 13(1)(d> -- Bail during pendency of appeal - Appeal against conviction - Accused sentenced to 2 years RI u/s 7 and 3 years RI u/s 13(2) of Prevention of Corruption Act - Held, where sentence is less or upto three years, the Court should ordinarily grant bail in view of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Maximum sentence that can be imposed is relevant factor - Accused alleged to have committed offence u/s 467 and 409 IPC and punishable with imprisonment for life or imprisonment for 10 years and fine - Held, in such cases, period of filing of charge-sheet is ninety days and not sixty days -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Fine - Twice the amount of cheque - Court is competent to award sentence of fine equivalent to double the amount of cheque - Provision of S.29 Cr.P.C. which limits the amount of fine to Rs.5, 000/- is not applicable u/s 138 of Negotiable Instruments Act...........
Indian Penal Code, 1860, Section 302 -- Triple murder - Death sentence - Accused living as paying guest in the house of complainant on monthly payment of Rs.500/- - Arrears accumulating to Rs.4,000/- - On demand of payment accused killed three children of complainant aged 8, 15 and 16 years while asleep with a dagger - Accused brutally attacked complainant and two others..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Guidelines for imposing death sentence - Analysed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of - Prosecution proved that charas was recovered from possession of accused - Statement of witnesses not suffering from any material contradictions or infirmities - Charas recovered was 1/3rd of total substance i.e. less than 300 grams only - Sentence of nine years R.I. reduced to three..........
Criminal Procedure Code, 1973, Section 389(1) -- Conviction - Appeal - Suspension of sentence - Discretionary power - Held, discretion has been given to court to suspend conviction so that in a fit case and where special reasons exist court can suspend conviction - In present case, reasons given in application are that applicant's service career was good and his family..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sentence cannot be suspended on the ground that accused was on bail during trial which he did not misuse - Gravity of offence has to be considered and reasons of suspension has to be recorded in writing...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Court should record reasons in writing for ordering suspension of sentence during pendency of appeal - Suspension of sentence or grant of bail should not be passed as a matter of routine...........
