Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 450 grams - Appeal against conviction - Prosecution case supported by an independent witness - No reason to disbelieve him - Provisions of Ss.42 and 50 properly complied - Defence plea that accused was got falsely implicated by his in-laws was an afterthought - Conviction not to be..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 6(1), 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15(5) -- Confessional statement - Conviction - (i) Confession if properly recorded and made voluntarily and truthful; (ii) Whether such confession requires corroboration or not, is a matter for the court considering such..........
Criminal trial -- Near relation witness - Would not depose falsely against innocent persons so as to allow the real culprit to escape unpunished, rather the witness would always try to secure conviction of the real culprit and there is no reason as to why he should depose falsely...........
Indian Penal Code, 1860, Section 302, 34 -- Three accused assaulted deceased when deceased and his son PW1 were returning after attending criminal case in Court - Conviction recorded by trial Court on sole testimony of PW1 - Conviction set aside by High Court - High Court doubted presence of PW1 as no Court record was produced to show their appearance in the case - This..........
Indian Penal Code, 1860, Section 302, 120B, 302, 34 -- Deceased returning on a cycle with PW-15 - Bus driven by appellant rashly and ran over deceased - Other two appellants were in the bus and they conspired to kill deceased because of property dispute - PW 13 was 13 years of age, a student and was examined after 7 years of incident - While assessing evidence one has to..........
Criminal Procedure Code, 1973, Section 374 -- Conviction - Appeal against - Right of appeal is a statutory right - Deprivation of statutory right of appeal amounts to denial of procedure established by law - Judgment of first appellate court shows that there was non application of mind in regard to factual aspects of the case as Court merely proceeded to consider quantum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Seized material not produced during trial - Panch witnesses turned hostile - I.O. not examined - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 302 -- Unlawful assembly formed and its motive was to cause murder of PW1 - Accused caused death of deceased who tried to prevent them from attacking PW1 - A2 caused an oblique spindle shaped wound 5 x 2 cm on middle of neck - Cause of death was two wounds caused by appellant and A2 - Conviction of appellant by High Court u/s 302 and found..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Conviction u/s 307 IPC - Parties compromised - Parties belonging to the same village in nearby houses and having adjacent lands - Litigation going in for 10 years - Sentence reduced to already undergone (4 months)...........
Criminal Procedure Code, 1973, Section 235(2), 360 -- Conviction - Sentence - It is discretion of Court which is to be exercised on sound judicial principles which includes nature of crime, manner and method of commission thereof, the position and condition of victim and also matters attributable personally to the accused like his age, health, social background, mental..........
