Prevention of Food Adulteration Act, 1954, Section 16(1A)(i) -- Arhar dal - Sample found to be adulterated - Accused convicted and sentenced to 9 months RI - Offence 10 years old - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Accused convicted u/s.304(Part II) IPC and not u/s.302 IPC - Merely because there was firing all around, it would not bring the accused within ambit of S.304(Part II) IPC - Sentence of accused modified from S.304(Part II) IPC to S.302 IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1500 grams - Not a commercial quantity as per amending Act - This amendment is applicable to appeals also - Sentence reduced from 10 years to 2-1/2 years - Fine reduced from Rs.One Lac to Rs.3000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 16 Kgs. of crushed poppy husk - It is not commercial quantity - Accused faced trial for the last more than 8 years - Sentence reduced from 3 years to 2 years and fine reduced from Rs.20,000 to Rs.2,000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Heroin - Recovery of 600 grams in personal search of accused - Quantity recovered cannot be said to be small - Sentence of 14 years imprisonment awarded by trial Court and upheld in appeal - Calls for no interference...........
Indian Penal Code, 1860, Section 302, 34 -- Assault by four with handles of axe and spade and iron rod - Accused A4 had lighted the torch which enabled other accused to focus assault on deceased - Conviction of A4 with help of S.34 IPC suffers no illegality - Only one injury on head which could not be attributed to specific accused was the fatal injury - Appellants are..........
Prevention of Corruption Act, 1988, Section 8 -- Reduction in sentence - Accused faced prosecution for 14 years - Sentence reduced from one year to 7 months...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Criminal Procedure Code, 1973, Section 366, 368, Indian Penal Code, 1860, Section 302 -- Enhancement of Sentence - High Court converting life imprisonment into death sentence - No appeal by State to enhance sentence - Order of High Court enhancing sentence set aside...........
Indian Penal Code, 1860, Section 302 -- Death sentence - Imposition of punishment for life is the rule - Awarding of death sentence is exception - Case not rarest of rare - Death sentence converted to life imprisonment...........
