Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at spur of moment - No pre-planning or prior meeting of mind - No prior enmity between parties - Only reason of scuffle was grazing cattle of deceased in agricultural fields of accused - All eye witnesses narrated story in similar manner that incident occurred so instantly that they..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Nothing on record to show by which `action' or by which `words' accused caused abetment or instigated deceased for committing suicide - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident was neither pre-mediated nor re-planned, nor accused had taken any undue advantage or acted in a cruel or an unusual manner - No previous enmity between parties - Incident occurred in the dark and dim light - None of two eye witnesses deposed that accused had fired at the deceased with the..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 420, 406, 465, 468, 120B -- Anticipatory bail - Case based on documentary evidence - Custodial interrogation may not be required - Bail granted...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 364A -- Production of documents by defence - Case for kidnapping for ransom - Actual source of money for payment of ransom is not relevant matter hence production of document in that regard is not necessary - Regarding other documents, production of the same is not at all necessary for just..........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Possession of fake currency notes - Appreciation of evidence - Evidence of PW9 clearly establishes that currency notes seized from custody of accused were fake currency notes - Even, when accused found that police personnel were coming they ran away, which shows that accused were having knowledge that..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 489C -- Probation - Offence u/s 489-C IPC - Benefit of probation cannot be granted for offence u/s 489-C IPC...........
Indian Penal Code, 1860, Section 489C -- Reduction of sentence - Offence u/s 489-C IPC - Accused convicted and sentenced for R.I. of 5 years and to pay fine of Rs.50,000/- and in default to suffer R.I. 6 months - Awarding fine of Rs.50,000/- is excessive and harsh as accused is sole bread earner of his family, therefore, amount of fine reduced to Rs.5,000/- and in default..........
Indian Penal Code, 1860, Section 68 -- Fine - Non-payment - Imprisonment - Fine paid subsequently - Imprisonment stands terminated and defaulter liable to be released...........
