Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Dasti notice was duly served to accused - However, he did not appear - Even no appeal filed by accused questioning legality of order of Sessions Judge convicting him for commission of offence of murder - Amicus curiae is appointed by..........
Criminal Procedure Code, 1973, Section 389, 357(2) -- Suspension of sentence during pendency of appeal - Appellate Court while exercising power u/s 389 Cr.P.C. can suspend sentence of imprisonment as well as fine without any condition or with conditions - Appellate Court can suspend sentence and fine both or direct to deposit fine or part of fine...........
Criminal Procedure Code, 1973, Section 389, 357(2) -- Suspension of sentence during pendency of appeal - Direction to deposit fine - High Court while suspending sentence of accused also directed him to deposit fine as imposed by trial Court - However, neither any direction of payment of any compensation out of fine imposed by trial Court as part of sentence issued nor case..........
Criminal Procedure Code, 1973, Section 357(2) -- Order to pay Compensation - S.357(2) comes into play only where any order of payment of compensation utilizing fine imposed as sentence u/s 357(1) Cr.P.C. or compensation as directed u/s 357(3) Cr.P.C. is made...........
Criminal Procedure Code, 1973, Section 357(2) -- Appeal - Payment of compensation - Embargo contained in S.357(2) Cr.P.C. differs or withholds utilization of amount of compensation awarded till limitation of appeal elapses or if filed till it is decided - Sentence awarded by Court including sentence of fine is in no way affected by such embargo - Therefore, it does not..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Modification of sentence - Accused sentenced to R.I for life along with fine of Rs.2 lakhs - Imprisonment of life is itself a severe punishment, it should not be combined with a heavy fine - Sentence held, modified for life imprisonment with fine of Rs.5000 on each account and upon failure to pay fine, to undergo..........
Indian Penal Code, 1860, Section 392, 412 -- Robbery - Dishonestly receiving stolen property - Stolen cash was recovered from accused soon after robbery - No explanation was given for the same - Failure on the part of accused to account for currency notes which bear signatures of bank personnel and were shortly recovered after robbery unerringly points towards guilt of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Reduction of default sentence - Taking into consideration the quantity of charas sentence of 4 years R.I is not excessive with fine of Rs.20,000 - However, in default of fine, accused has to undergo one year S.I, which is too harsh - Default sentence held, modified from 1 years..........
Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - A-1 and A-2 by accepting inferior quality of goods from A-3 and not deducting proportionate cost of value of goods supplied as per agreement, causing wrongful loss to Railways - Dishonest payment made for inferior quality, well proved by prosecution - In said..........
