Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Reduction of sentence - Incident occurred on the spur of moment without any intention to cause any fatal injury - Accused had already undergone 17 months of incarceration - Sentence awarded to accused reduced to period already undergone by him and fine of Rs.50,000/- is imposed...........
Indian Penal Code, 1860, Section 302, 304(Part I), 34 -- Nature of offence - Incident occurred after verbal altercation between parties - There was no pre-planning or premeditation to commit crime by accused - A-1 and A-2 in a heat of passion caught hold of deceased and his wife/A-3 out of anger brought kerosene and poured it - In dying declaration, it is rightly stated..........
Indian Penal Code, 1860, Section 304(Part I), 34 -- Offence u/ss 304(Part I), 34 IPC - Reduction of sentence - Accused have no criminal history and it is their first offence - A-3 has three children out of which two were minor at the time of incident and since last 11 years no one is there to look after them and now they have to be settled in their life - Sentence reduced..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - It need not be because of mens rea as intent...........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Summoning of accused without insisting for medical evidence or examination of professional Doctor in support of case - Order of trial Court summoning accused and order of High Court set aside - Trial Court to call upon complainant to first examine the professional doctor as a witness in support of his..........
Indian Penal Code, 1860, Section 304(Part II), 323, 325, 34 -- Nature of offence - Sudden fight between parties - Only bamboo was used during said fight and it was accused who allegedly gave blow on head of deceased by a lathi like object - No deadly weapon was used by accused - Nature of weapon used during said fight goes to show that assailants might not have any..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........