Service -- Appointment/termination - Employee on probation - If probationer is acquitted of criminal charges or no case is pending when verification form was filled, employee is bound to consider the grounds of acquittal and various other aspects, overall conduct of employee including the accusations which have been levelled...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Benefit of probation - Accused is fully bed ridden for the last 13 years - No previous criminal antecedents were proved against him and accused is not physically normal - Infliction of harsh punishment is not necessary in such situation - Instead of sentencing the accused, he is..........
Criminal Procedure Code, 1973, Section 360 -- Provision of S.360 Cr.P.C is inapplicable to the State of H.P, as Probation of Offenders Act is in force in the State...........
Indian Penal Code, 1860, Section 323 -- Voluntarily causing hurt - Accused after trespassing the kitchen of hotel hit PW2 with a jug and before he picked up a jug filled with water threw the same on the face of one person and also slapped him and also gave beatings to another person - PWs duly corroborated the same - Offence u/s 323 IPC rightly made out against accused -..........
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..........
Indian Penal Code, 1860, Section 323, 147, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 323, 147 - Benefit of probation - Incident occurred in 1994 - Injured received 24 injuries but injuries were not life threatening and accused was rightly acquitted by trial Court u/s 307 IPC - Accused remained in custody for some time - It will be unjust to send accused..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Accused convicted - Claiming party in sentence with other co-accused who were released on probation of good conduct - Parity claimed by accused is misconceived and cannot be granted to accused, as concession shown to other three accused was mainly on the ground of their extreme old age - Accused..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Incident 30 years old - Accused and complainant now separately settled in their families after re-marriage - Five other accused, who were family members of accused were already acquitted - After a long gap of 30 years, it does not appear justified to send accused behind bars - Looking to nature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Modification of sentence - Accused convicted and sentenced till rising of Court and to pay fine of Rs.7 lacs which is reduced to Rs.5 lacs by appellate Court - There is no need to further modify sentence awarded to accused as Courts below already taken a lenient view while..........
