Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Reduction of sentence - Occurrence took place more than 32 years ago - Accused is now aged about 58 years - He had spent some time in prison during trial - It would be too harsh to send accused to prison to serve any further imprisonment of offence u/s 323 IPC - Accused sentenced to period already undergone by..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Accused have made payment of entire cheque amount at very initial stage of proceedings - Complainant cannot be allowed to take undue advantage on basis of technicalities - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Criminal conspiracy - Mere presence of accused at the spot, by itself is not sufficient to establish the ingredients of S.29 of the Act - There has to be cogent and convincing evidence against each of accused charged with the offence of conspiracy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 15 -- Contraband - Criminal conspiracy - Once there is absence of material on record regarding meetings or minds with accused `S', who was driving the truck from where the contraband articles have been recovered, accused `J' cannot be convicted u/s 29 of the Act and eventually fasten with the conviction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Mere non production of specimen seal during the course of trial cannot lead to inference that the entire seizure and recovery was wrong and illegal - Accused `S' rightly convicted...........
