Showing : 1281-1290 of 15319 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304B-- Alternative charge - A person cannot be convicted both u/s 302 as well as 304-B IPC - If charge u/s 304-B IPC fails, Court can proceed to examine if charge u/s 302 IPC would stick and that is why it has been suggested that it should be framed as an alternative charge...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Accused Nos.4 & 5 though named in the complaint, but no overt act was attributed to them - High Court rightly acquitted them by observing that in absence of specific overt act attributed to accused, they cannot be held, guilty - Accused rightly acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - A-1 alone had previous enmity with deceased and other accused appeared to have joined A-1 only to help him - Considering weapons used namely sticks and nature of injuries, High Court rightly thought it fit to modify the sentence of other accused including A-1 from S.302 IPC to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part II)-- Injuries sustained by accused party - It is not always incumbent upon prosecution to explain injuries of accused person - Prosecution is obligated to explain injuries of accused only if injuries sustained by accused are grievous in nature...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 326, 323, 34-- Offence u/ss 326, 323, 34 IPC - No inference can be drawn from the allegation in FIR and statements of witnesses, that injuries on person of complainant were caused by accused `N' in furtherance of common intention of all the three - Merely because accused `L' was accompanying with other accused..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part II)-- Offence u/s 304(Part II) IPC - Evidence of injured witnesses, complainant, wife of deceased and brother of complainant is consistent and corroborating each other on various aspects like role played by each accused and weapon wielded by accused - Evidence of these witnesses and eye witness is also..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 326, 323, 34-- Offence u/ss 326, 323, 34 IPC - Role of accused `N' in causing injures to complainant and allegation in FIR corroborated by testimony of complainant, eye witnesses and medical evidence - No reason to discard testimony of complainant and his son, which is supported by medical evidence, merely..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 326, 323, 34-- Offence u/ss 326, 323, 34 IPC - Role of accused `N' - Merely because blood was not picked up from the spot by I.O and weapon of offence was not produced in Court, is no reason to discard statements of PWs particularly when doctor gave specific opinion that injuries on person of complainant could..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 326, 323, 34-- Offence u/ss 326, 323, 34 IPC - Accused `N' was 21 years of age at the time of incident - He faced agony of trial for last 11 years - Accused `N' is not a previous convict - Moreover, accused `N' already undergone about 10 months of imprisonment - Sentence of accused `N' thus reduced from 3 years..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 402, Arms Act, 1959, Section 25-- Assembling for purpose of committing dacoity - Secret information - Prosecution relies upon statement of ASI and one more person who overheard accused's intention and purpose for assembling at the spot - Though ASI stated that he heard the conversation of accused persons, but he has not stated the..........

Showing : 1281-1290 of 15319 Results