Indian Penal Code, 1860, Section 307 -- Reduction in sentence - Conviction u/s 307 IPC - Occurrence 15 years old - Parties related to each other - No untoward incident between parties have taken place since then - Sentence reduced to already undergone - Amount of fine enhanced - Amount of fine to be paid to the injured...........
Penal Code, 1860, Section 307 -- Arms Act, 1959, Section 27 - Sentence - Reduction in sentence - Occurrence took place in 1987 - Appeal pending for about fifteen years - Appellant did not indulge in any other offence after his conviction - Conviction of appellant upheld - Sentence awarded to him reduced to the period already undergone by him - However, appellant directed..........
Opium Act, 1878, Section 9 -- Conviction and sentence of the petitioner for recovery of 2 Kgs 10 gms opium upheld by the appellate Court - Appellate court below ignoring that the report of the Chemical Examiner silent whether the sample contained meconic acid or not - If no report is given whether any meconic acid was present then the aforesaid substance could not be taken..........
Indian Penal Code, 1860, Section 325, 323, Probation of Offenders Act, 1958, Section 4 -- Conviction of accused u/ss 325, 323 - Incident 10 years - Accused first offender and of young age - Accused released on probation...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction by trial Court and acquittal by High Court - High Court having doubt about eye witnesses actually seen the incident due to fog at time of occurrence (about 7 a.m. of 6th January, 1978) - Question of fog not put to eye witnesses - By mere imagination it cannot be said that vision of witnesses was obstructed by fog..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix a married woman - Unsatisfactory delay of 20 hours in lodging FIR - PW 3 who arrived at spot on hearing cries of prosecutrix was the eye witness but he did not support the case and turned hostile - Regarding place of occurrence there are serious contradictions - Testimony of prosecutrix and her husband do not..........
Criminal trial -- 'May have been' and 'Must be' - When there is absence of evidence to cover the distance between 'May have been' and 'Must be' it is not safe to sustain the conviction...........
Penal Code, 1860, Section 409,467,471 -- r/w 120-B - Criminal breach of trust by public servant - Forgery - When the entrustment is established then it is for the accused-petitioner to show that the money has been disbursed to the rightful persons in a rightful manner on the project - Moment it is shown that the thumb-impressions of some of the workers on the muster roll..........
Opium Act, 1878, Section 9(a), Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Punjab and Haryana High Court Rules and Orders, Volume-V, Chapter 12-B - Search and seizure - Link evidence - Affidavit - Recovery of 6 kgs. 500 gms of Opium from petitioner-s possession - Verification in the two affidavits relied upon by the prosecution not in conformity with..........
Probation of Offenders Act, 1958 -- Opium Act, 1878, Section 9 - Probation - Petitioner sentenced to R.I. for one year and three months for possession of 3.5 kgs of opium - Petitioner was 55 years of age at the time of conviction - FIR registered on 6.2.1985 - Trial Court convicted petitioner on 30.1.1989 - Appeal dismissed on 10.2.1989 - Petitioner on bail since 21.3.1989..........
