Indian Penal Code, 1860, Section 326, 325, 324, Criminal Procedure Code, 1973, Section 357 -- Conviction of accused - Accused and complainant co-villagers - Occurrence took place in the year 1987 - With the passage of time parties might have forgotten about bad incident - Petitioner already remained in jail for about one month - Conviction upheld, however sentence reduced..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Deceased under influence of liquor entered house of accused with knife and wanted to rape his wife - Hearing cries accused intervened and rescued her - Possibility cannot be ruled out that accused pushed the deceased out of his house, inflicted blows with knife and killed the deceased - Accused committed the act in the..........
Indian Penal Code, 1860, Section 302, 149, 148, 341, 304 Part I, 304 Part II -- Murder - Alteration of conviction - Lathis and axes used by appellants to beat deceased - Assaults made in course of quarrel - Doctor who conducted post-mortem found 34 injuries including several fracture injuries - Conviction by trial Court u/ss 302 r/w Ss.148, 149 and 341 - Fracture injuries..........
Essential Commodities Act, 1955, Section 7 -- Fertilizer - Sample found to be sub-standard - Conviction of accused - Incident 10 years old - Sentence reduced from 6 months to already undergone and sentence of fine enhanced from Rs.1,000/- to Rs.10,000/- and in default of payment thereof accused to undergo rigorous imprisonment for two months...........
Indian Penal Code, 1860, Section 302 -- Accused taking bullock cart through fields of deceased - Accused took out an axe from cart and hit deceased on occipital region which resulted in depressed fracture of skull bone - Testimony of two injured eye witnesses corroborated by other witnesses accepted - Conviction by High Court in an appeal against acquittal - Intention to..........
Indian Penal Code, 1860, Section 302, 34, 498A -- Conviction u/s 302 r/w 34 and 498-A IPC - Husband and in-laws caused physical and mental harassment of wife and committed murder by pouring kerosene and setting her ablaze - Evidence of Magistrate recording dying declaration and doctor sufficient to prove prosecution case - Other circumstantial evidence including spot..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sentence - Accused facing trial since 1981 and 64 years of age - He faced trial for a long period and remained in custody for about 22 days - Due to lack of proper legal advise accused deprived from taking a defence which could have been a ground for acquittal also - It would not be proper to send accused behind..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 8, Criminal Procedure Code, 1973, Section 389, 439 -- Conviction u/ss 8/18 & 8/15 of NDPS Act - Appeal against conviction - Accused in jail and already undergone more than seven years of imprisonment - No likelihood of appeal being heard in the near future - On deposit of amount of fine sentence of..........
Service -- Misconduct - Quantum of sentence - It is not the normal jurisdiction of the superior courts to interfere with the quantum of sentence unless the said sentence is wholly disproportionate to the misconduct proved...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 20, 64 -- Juvenile Justice Act - Provisions apply not only to pending proceedings but also to those where a juvenile is undergoing sentence on April 1, 2001 - Proceedings contemplated are proceedings either at the stage of trial or appeal...........
