Indian Penal Code, 1860, Section 354, 384, Constitution of India, 1950, Article 161 - - Punjab Jail Manual, 1916, Para.637 - Grant of special remissions to prisoners - Notifications dated 21.04.1982 and 07.11.1985 - Even after judgment of Supreme Court convicting appellant/prisoner on four counts, he did not surrender before any Court and warrants of arrest had to be..........
Criminal Procedure Code, 1973, Section 374, 382, 384, 357 -- Appeal - Conviction not assailed by appellant - Duty of Court - Held, it is the obligation on Court to decide appeal on merits and not to accept concession and not to proceed to deal with sentence - Concept of plea bargaining not recognized in India - Convict preferring appeal has legitimate expectation to be..........
Indian Penal Code, 1860, Section 302, 384 -- Murder - Extortion - Delay of 17/18 hrs. in lodging FIR - Father was in shock to receive ransom letter - Father testified that he was a poor man and, therefore, could not arrange for ransom sum of Rs.70,000/- - He then brought this fact to notice of other persons and approached police - Held, all parents whether rich or poor..........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, 406, 384, 323, 506, 34 -- Territorial jurisdiction - Offence u/ss 498-A, 406, 384, 323, 506/34 IPC - Marriage took place at place `D' and thereafter wife began to reside with husband at place `H' - Torture for dowry - Alleged offence cannot be said to have been committed wholly or partly..........
Criminal Procedure Code, 1973, Section 384, 386 -- Criminal appeal - Summary dismissal of - Impugned order was passed without hearing appellant or his counsel - Appellant was absent for first time due to his mother's death when impugned order passed summarily dismissing appeal - Held, impugned order deserves to be interfered with and consequently impugned judgment and..........
Indian Penal Code, 1860, Section 384, 506 -- Reduction of sentence - Offence u/ss 384, 506 IPC - Appellant/accused aged 83 years, is suffering from hypertension, sugar, high blood pressure, undergone 2 heart surgeries and require examination and bed rest - Since appellant returned property in question to complainant and also paid amount of compensation as per order of High..........
Succession Act, 1925, Section 372, 384, 388 -- Succession certificate - Petition decided by Civil Judge (Senior Division) in exercise of delegated power of District Judge - Appeal against - Lies to District Judge and not to High Court - If the petition is decided by District Judge himself then appeal lies to High Court...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 294, 384 -- Sanction for prosecution - Arrest of an accused in discharge of official duty may involve some elements of force which cannot be said to be unconnected with duty of an arresting police officer - Such assault might be in excess of performance of official duty but cannot be totally..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 384 -- Trial Court discharged accused of offence u/s 384 IPC stating that there was no prima facie material to attract the said offence - Magistrate did not record any reasons for passing an order of such discharge - Order of discharge set aside - Held, the effect of discharge of accused amounts..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 384, 504, 34 -- Compromise - Offence u/ss 323, 384, 504 r/w S.34 IPC - No case made out u/s 384 IPC in the FIR - No reason as to why the settlement arrived at by and between the parties could not have been accepted - Magistrate directed to proceed to consider the question in regard to..........
