Criminal Procedure Code, 1973, Section 235(2), Indian Penal Code, 1860, Section 302, 149 -- Accused having nothing to say on the question of sentence - It shows that accused has no repentance for the act he committed - Death penalty calls for no interference...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Death sentence - Appellant alongwith 17 accused set the hut of deceased on fire - PW1 and PW2 sustained burn injuries - Husband and son of PW1 died on spot - Appellant caught third deceased and cut him into pieces - No mitigating circumstance in favour of appellant - There was no spark of any kindness or compassion and..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Prosecutrix was 15 and accused 21 years of age at time of rape - Prosecutrix got married and she having two daughters and a son - Accused also got married and father of three children - Offence took place more than 14 years ago - Sentence reduced to period already undergone (1 year and 7 months) -..........
Indian Penal Code, 1860, Section 304 Part I, 300 -- Exception 1 - Accused found her daughter and her lover in compromising position - Accused inflicted gandasa blow and killed both of them on spot - Life imprisonment u/s 304 Part I - Conviction upheld - Plea of acting under grave and sudden provocation turned down - Life imprisonment for murdering young persons who were on..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Sword of Damocles hanging on head of accused for more than 16 years - Accused not a previous convict - During this period accused did not commit any offence and has led a peaceful life - Accused and prosecutrix by now settled in life - Sentence reduced from 7 years to 2 years R.I...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compounding of offence - Accused convicted - During pendency of appeal parties compromised - Parties were neighbours and wanted to live peacefully - Sentence reduced to already undergone (2 years and 6 months) - Amount of fine enhanced from 25,000/- to Rs.30,000/-..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 12 years - Accused convicted and sentenced to 7 years RI - Conviction upheld - Sentence awarded is adequate and calls for no enhancement...........
Negotiable Instruments Act, 1881, Section 147 -- Dishonour of cheque - Parties compromised during pendency of revision petition in High Court - In view of Section 147 of the Act complainant permitted to compound the offence and order of conviction and sentence set aside and complainant ordered to be acquitted...........
Opium Act, 1878, Section 9 -- Opium - Recovery of 30 Kg. - Accused convicted - Incident 20 years old - Accused was then 20 years of age and he facing proceedings for the last 20 years - Sentence reduced to already undergone (95 days) and amount of fine enhanced from Rs.300/- to Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 326 -- Conviction u/s 326 IPC - Parties settled dispute outside Court - Offence not compoundable - Dispute 17 years old - Accused has already undergone 2-1/2 months sentence - Sentence reduced to already undergone - No reduction in amount of fine...........
