Indian Penal Code, 1860, Section 326, 356, 34 -- Offence u/ss 326, 356, 34 IPC - Reduction of sentence - Victim who suffered grievous injury took treatment as i, patient for 10 days in hospital - Adequate compensation be given while reducing sentence - Sentence of accused reduced u/s 326 IPC for S.I of 2 years with fine of Rs.50,000 each in default of which has to further..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Accused acquitted as (i) Non joining of independent witnesses despite availability and no plausible explanation offered for non joining independent witnesses ; (ii) secret information not recorded in proper register duly maintained and there is no authenticity of such an..........
Indian Penal Code, 1860, Section 302, 307, 34, 149 -- Offence u/ss 302, 307, 34, 149 IPC - No charge u/s 302 IPC or u/s 307 IPC with aid of either S.34 IPC and S.149 IPC has been framed - Evidence on record is not sufficient to attribute any specific injury suffered by deceased to any particular accused - Accused rightly acquitted u/s 302 and 307 IPC...........
Indian Penal Code, 1860, Section 326, 149 -- Offence u/ss 326, 149 IPC - Participation of all accused in alleged assault on deceased proved on record by evidence of PWs, regardless of weapon that accused were carrying - All accused held, to be constructively liable with aid of S.149 IPC - Medical evidence shows that serious injuries were caused to deceased - Accused liable..........
Indian Penal Code, 1860, Section 326, 149 -- Offence u/ss 326, 149 IPC - Quantum of sentence - Ten accused assaulted deceased in the middle of night with dangerous weapons - Thus, each of accused sentenced to suffer R.I for period of 7 years and to pay fine of Rs.2000 each...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - No independent public witness was associated at any stage of investigation - Explanation offered by I.O. and other police officials that request was made to certain passersby to join investigation inspires no confidence, as this is a routine..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court-fee - Suit for declaration - Plea that sale deed executed by defendant in favour of other defendants obtained by fraud and not binding on plaintiff - Plaintiff was not executant to sale deeds - Absence of prayer to cancel sale deed - Court fee payable is computable in terms of S.7(iv)(c) i.e. as per the amount..........
