Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 27 -- Murder - Death Sentence - Accused caused death of four persons of his family by assaulting them with bows, arrows and axe - Confessional statement made by appellant before PW8 Investigating Officer that he entered into house of his father and attacked inmates of house and thereafter concealed bow,..........
Indian Penal Code, 1860, Section 302, 307, Criminal Procedure Code, 1973, Section 366(1) -- Murder - Death Sentence - Rarest of rare cases - Accused caused death of four persons of his family by assaulting them with bows, arrows and axe - When the act of accused is so ghastly that collective conscience of society is shocked and existence of culprit will be detrimental to..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 222 -- Accused charged u/s 304 Part II IPC and during trial ingredients of offence u/s 328 IPC found to be proved - Accused cannot be convicted u/s 328 IPC - Offence u/s 328 IPC is not a minor offence as compared with offence u/s 304 Part II IPC - Minor offence is one which is punishable with a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Conviction u/s 138 NI Act - Death during pendency of revision - Held, even after the death of the accused who is the revision petitioner the revision petition survives and Court can pass appropriate orders with regard to the sentence of fine...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence - Appellate Court has power to direct payment of compensation, in whole or any part thereof, awarded by Magistrate as a condition precedent for suspending substantive sentence...........
Indian Penal Code, 1860, Section 304 Part II -- Gun shot hitting on right thigh of deceased - Deceased later died in hospital - Doctor opined in post mortem report that injury was dangerous to life - Offence falls u/s 304 Part II and not u/s 302 IPC - Custodial sentence of 7 years awarded...........
Criminal Procedure Code, 1973, Section 433 -- Court has no power to postpone the execution of sentence till such time the accused moves the Government under S.432 or S.433 for remission or commutation of sentence...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Deceased committed suicide just within two years of her marriage on account of repeated taunts of in-laws about her inability to bear a child - Deceased was putting up with them on account of her husband being posted at a non-family station and was completely dependent on them -..........
Indian Penal Code, 1860, Section 302, 34, 304II -- Murder - No eye witness to the incident - Incident occurred all of a sudden and without premeditation - In view of the matter Exception IV to Section 300 IPC is attracted - Conviction altered from Section 302 IPC to Section 304-II IPC - Sentence reduced to period already suffered (4 years 4 months)...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Accused sentenced to 1 year RI and fine imposed Rs.3 lacs - On appeal, appellate Court suspended sentence subject to deposit of fine of Rs.1.5 lacs - In terms of S.357(2) Cr.P.C. recovery of fine cannot be started until the period for filing appeal has..........
