Indian Penal Code, 1860, Section 304(Part II), 304A -- Rash and negligent driving - Reduction in sentence - Mitigating circumstance - Accused caused death of 6 persons by rash and negligent driving - Accused convicted and sentenced to undergo R.I. for 2 years - Accused paid a sum of Rs. 65 lakhs to victims or their relatives - There is no mitigating circumstance to reduce..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Bail - First dying declaration was recorded when deceased was under the total control of accused persons - Statement of DW-4 who recorded second dying declaration of deceased appears dubious since no FIR was lodged by that time regarding the incident - Held, consequently, both alleged dying..........
Indian Penal Code, 1860, Section 353, 350, 348 -- Criminal force - Conviction - Validity - Accused alleged to have taken away ballot box which Polling Officer had placed on a table - Held, it would amount to snatching away ballot box by use of criminal force within meaning of S.350 IPC - Because of snatching away of ballot box Polling Officer was deterred from discharging..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction by Courts below - Revision - Compromise between parties - Compounding of offence sought on the basis of said compromise - Held, prayer accepted and parties permitted to compound the offence...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and Murder - Conviction - Sustainability - Accused, tenant in the house of deceased - At the time of incident, apart from father of deceased, only male present in the house was appellant - House locked from inside - Charge of rape stands proved - Plea that accused not run away from scene of offence showed that he is..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance proved - Whether absence of Rs.10/- currency note could or could not be explained or why accused's wallet was not sent for forensic examination or whether he was wearing trousers or a lungi at the relevant time are mattera of minor details and do not impact on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery from two bags - Failure of prosecution to prove that sealed samples were preserved till they reached the FSL - FSL report cannot form the basis of conviction - Accused acquitted...........
Indian Penal Code, 1860, Section 304(Part I)I -- Culpable homicide - Nature of offence - Assault proved - However, intention or motive to kill not proved - Nothing wrong with conviction u/s 304 Part II IPC...........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of first wife by assaulting her with a knife and for causing disappearance of evidence - Circumstantial evidence - Motive along with chain of circumstances proved - Accused miserably failed to show any missing link in the chain of circumstances - Conviction calls for no interference...........
Indian Penal Code, 1860, Section 353, 354, 333, 332, 186 -- Obstruction to public servant in discharge of duty - Delay of two days in lodging FIR - Delay not satisfactorily explained - It is nowhere stated as to how, in what manner, when and where appellant has deterred complainant from discharging her any particular official duty - Eye-witnesses of occurrence, instead of..........
