Indian Penal Code, 1860, Section 302 -- Murder - Accused as under trial had undergone 2 years 8 months 11 days of custody - He after his conviction by Sessions Court in 1995 till 2006 remained in custody completing 11 years 9 months 26 days - Accused thus, undergone total custody of 14 years 6 months 7 days - Acquittal upheld...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused attacked PW2/Headmaster only under impression that PW2 was responsible for transfer of his wife to another school - In view of evidence of injured witness and recovery effected from accused, conviction of accused is upheld - However, accused is in custody for about 1 year and 2..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(6) -- Dishonour of cheque - Compounding of offence - Compromise between parties - Conviction set aside - Accused acquitted...........
Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - While considering application for discharge or at the time of framing of charge, Court is only required to weigh material and evidence on record to find out whether prima facie case is made out against accused, which raises strong suspicion against him to have committed the offence and if it is found that..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused were not found in village soon after the occurrence, which is a strong circumstance of their conduct post death - Bottle of acid was recovered on basis of disclosure made by accused `S' - Face of deceased was disfigured - Such disfigurement was caused by pouring of acid with intention to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Deceased had been smothered to death and thereafter hung in premises which had been let out to accused - However, prosecution failed to discharge its onus that accused were present on fateful day at the place of occurrence where deceased suffered homicidal death - No evidence is..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of married lady - Genesis of incident as narrated by prosecutrix suffers from inherent improbabilities and contradictions - Prosecutrix claimed that accused dragged her away from a thoroughfare while she was going to office - Though prosecutrix admitted that many people used road but no one came forward to corroborate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
