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DILIP B. BHOSALE, VIKRAM NATH, YASHWANT VARMA
SUKH DEV – Appellant
Versus
STATE OF U. P. – Respondent
Hon'ble Dilip B Bhosale, C.J.—A Division Bench, while dealing with the instant criminal appeal against the judgment and order of conviction, noticed the language employed in Section 302 IPC and also that the trial Court, while convicting the accused and awarding punishment of life imprisonment, did not impose any fine as such, directed the Registrar General to issue a circular to all District Judges in the State as well as to the Director, JTRI vide order dated 17.12.2016. The relevant observations and direction read thus:
“In a number of appeals listed before this Court, it was found that life imprisonment under Section 302 IPC are being awarded, without imposing fine, as required under Section 302. Section 302, which is punishment for murder, is quoted herein below
“whoever, commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.”
It is very surprising that without reading the provision, the punishment are being imposed by the Trial Court and only punishment for life imprisonment are being awarded, though the word is “imprisonment for life and shall also be liable to fine”. Since, the appeal is of the year 1986, the then offi
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A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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