Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 360 -- Attempt to murder - Benefit of probation - Accused inflicted knife blow in the abdomen of injured after taking undue advantage of position of injured - A brutal attack perpetuated by accused calls for both a deterrent and a retributive punishment - Sentence of four years cannot be said too..........
Criminal Procedure Code, 1973, Section 326(3) -- Summary trial - Conviction or commitment on evidence partly recorded by one judge and partly recorded by another judge, would not be affected by change in Judge/Magistrate - However, provisions of S.326(1),(2) Cr.P.C. would not be applicable to summary cases or to cases in which proceedings have been stayed u/s 322 Cr.P.C...........
Criminal Procedure Code, 1973, Section 326(3) -- Summary/summons trial - Case registered as summary case - But regular recording of oral evidence of PWs was done - Learned judge was transferred and new presiding officer took charge - Magistrate failed to consider that case was not being tried as summary case, but was being tried as a regular case - Impugned order directing..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When trial Court acquitted accused persons of their charges, High Court cannot reverse the findings merely on the basis that other view as recorded by High Court appeared to it to be a plausible view - Such an approach by High Court against the judgment of acquittal is impermissible...........
Criminal Procedure Code, 1973, Section 397(3), 401 -- Revisional jurisdiction - High Court is not sitting as a Court of appeal to scrutinize the evidence and material on facts brought before trial Court and appellate Court - Revision jurisdiction of High Court is very limited to the extent as to whether there is correctness, legality or proprietary in the findings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Interim maintenance - Cannot be denied on the ground that an ex parte decree u/s 9 of Hindu Marriage Act is passed against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband himself did not come out clean of his source of income - No error in holding income of husband as Rs.6,500/- per month - However, interim maintenance is adjustable to the final order of maintenance...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such..........
