Indian Penal Code, 1860, Section 323, 324 -- Offence u/ss 323, 324 IPC - Act of accused of causing injuries to PW1 and PW2 with help of chain cover of bicycle duly seized and fortified by evidence of doctor - Though evidence of injured witnesses speaks of use of sword by accused while assaulting them yet no such seizure is effected by prosecution - Accused held, rightly..........
Indian Penal Code, 1860, Section 392, 395, 397, 376, 324, 354, 354A, 120B, Evidence Act, 1872, Section 3 -- Dacoity - Appreciation of evidence - There is no evidence with regard to knowledge of accused about prior crimes allegedly committed by other persons - Even, one of the accused `M' in his confessional statement has clearly explained that accused permitted him and his..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Non-examination of PW `M' is of no consequence, when said witness is not traceable...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Weapon neither shown to doctor nor shown to appellant during cross examination - Not of such consequence as there is clear medical evidence regarding injury being caused by knife, axe and battle axe...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Defence of accused is that it was PW1 who was having an evil eye on bhabhi of accused and on the date of incident he visited house of deceased to rape her - However, it is unbelievable as to a person visiting house of deceased with an intention to commit rape while carrying an axe - Moreover, deceased named accused in..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Unlawful assembly - Four eye witnesses not only seen murderous assault upon deceased but were also injured in assault - Description of injuries made by witnesses and weapons used appear to be consistent with medical evidence - Unlawful assembly armed with various weapons and gathering in place of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - A-2 alleged to have given a blow with an iron pipe on back of neck of deceased - He therefore can only be held guilty of having committed offence u/s 324 IPC, as neither S.34 IPC nor S.149 IPC are applicable in view of High Court and each accused will only be responsible for his own acts and injuries - Since A-2..........