Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Indian Penal Code, 1860, Section 326, 304(Part I), 148, 99 -- Nature of offence - Free fight between parties - Injuries caused to both sides - Right of private defence taken by accused - Accused party had assembled at the spot with lethal weapon and all accused were waiting for complainant party to arrive at the spot and started assaulted complainant party - Blows..........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Superficial injuries on person of accused even if remain unexplained, will have no bearing on prosecution case...........
Indian Penal Code, 1860, Section 304(Part I), 148 -- Offence u/ss 304(Part I), 148 IPC - Accused sentenced to undergo S.I for 10 years u/s 304(Part I) IPC and 6 months S.I for offence u/s 148 IPC and fine of Rs.100 on each count in default to undergo 15 days additional S.I - Both sentences to run concurrently - Accused also directed to pay compensation to the tune of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Reduction of sentence - Accused voluntarily went to house of deceased, created a flutter by quarrelling with PW2, when this was questioned A-2 stabbed PW1 and when deceased intervened, accused caused his death - They are not in a position to show that murder had taken place out of sudden..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Incident occurred in public place in broad day light in front of house of deceased - There are 7 eye witnesses to incident - Thus, there is every possibility of news reaching police over telephone - Presence of photographer in place of occurrence before registration of FIR, will not vitiate..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........
