Showing : 31-40 of 69 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 394, 323, 341-- Robbery - Recovery of purse - No evidence collected during investigation to show that it is the same purse which was allegedly snatched from complainant in the incident - Moreover, recovered purse neither produced before Court nor it was got identified by complainant during trial - No material on..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 394, 323, 341-- Robbery - Identification of accused - Not held in Court - Even no steps were taken by prosecution to prove the fact of identification of accused and co-accused by complainant in test identification parade - Magistrate who held the parade was also not produced as witness during trial - It cannot be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 341, 325, 323, 427-- Accused gave beatings to injured, due to which his one tooth was broken and other teeth got damaged - Medical evidence supported by ocular evidence - FIR was lodged immediately after incident - Testimonies of all PWs consistent - Plea of accused that injured sustained injuries due to accident is..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 323, 325, 341, 34-- Additional accused - Summoning by way of warrant of arrest - Additional accused summoned after considering evidence produced by prosecution during trial and role attributed to the petitioner in the incident - A person accused of an offence of a heinous nature can be summoned by issue of warrant of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149-- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), Indian Penal Code, 1860, Section 323, 341-- Conviction - No explanation for delay in lodging FIR - PW7 was declared hostile - Accused was annoyed with complainant due to land dispute and pending mutation proceedings - Injury caused not on account of complainant belonging to lower caste - Thus, prosecution fails to establish offence u/s..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 307, 341, 506, 148, 34-- Anticipatory bail - As per version of FIR and complainant, his son was assaulted and injuries were inflicted by petitioners - As such no motive has been attributed - Apart from two injuries, all other injuries are simple in nature - Offence u/s 307 IPC made out or not will be moot question -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 299-- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence..........
KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 341, 323, 34-- Offence u/ss 341, 323, 34 IPC - Reduction of sentence - Incident is not premeditated - However, on the basis of evidence on record offence against accused persons is proved on record - But since there is no previous conviction against accused, sentence awarded to accused can be modified and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 216-- Alteration of charge - Complaint filed u/ss 341 & 506 IPC - High Court found that no offence u/ss 341 & 506 IPC was made out against accused but there was reasonable ground to proceed against accused u/s 323 IPC - Impugned order of High Court was not illegal as in view of S.216 Cr.P.C., it is open..........

Showing : 31-40 of 69 Results