Constitution of India, 1950, Article 226,142, Criminal Procedure Code, 1973, Section 357 -- Cost - Petitioner filed SLP against an order - Petition misconceived, untenable and devoid of any merit - Petition dismissed with cost of Rs.20,000/-...........
Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Grant of compensation to victims - Petitioner and his father remained in hospital for a long period of time and grievous injury suffered by father of petitioner decreased his life expectancy - Held, while maintaining order of ASJ regarding release of respondents No.1 to 3 on probation, they are..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 149 -- Sentence - Reduction of - Grant of compensation - Accused convicted u/s 325 IPC and sentenced to one year RI - Incident 15 years old - Accused had no criminal antecedents - Held, sentence reduced to already undergone - Accused directed to pay..........
Criminal Procedure Code, 1973, Section 357 -- Compensation to victim of offence - Power of Courts - Held, award of compensation is not ancillary to other sentences - It is in addition thereto - Compensation must be reasonable and not arbitrary - Capacity of accused to pay same must be taken into account...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Prosecution stretched over a period of more than 10 years - Accused acquitted - Delay of five years in the trial proceedings which was on the part of State for not taking prompt steps to examine witnesses - Handcuffing of accused was without justification which adversely affected his dignity as a human being -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Can be awarded only when sentence does not include fine but only imprisonment...........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 357 -- Reduction in sentence - Incident resulted in injuries to both the parties - Incident took place because of a sudden fight - Nature of injuries inflicted, absence of any criminal antecedents of accused and period that has elapsed since the occurrence, all call for a suitable alteration in..........
Criminal Procedure Code, 1973, Section 357, 360 -- Court while extending benefit of probation u/s 360 of the Code is not competent to grant compensation to the complainant and in that situation neither the sentence of imprisonment nor of fine, subsists and as such provision of S.357 of the Code is not attracted...........
Criminal Procedure Code, 1973, Section 357(1) -- Compensation - Court can impose compensation only when any sentence of fine or a sentence including the death sentence of which fine forms a part or not, is awarded by Court...........
