Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Bullet was fired by A-3 as a result of which deceased lost his life - Even, without applicability of S.34 IPC, A-3 could have been convicted for offence punishable u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Testimony of eye witnesses are of a very sterling quality - Accused were together and were in the company of main accused/A-3 and they acted in concert - They were carrying lathi and A-3 was moving with a musket - There was time available for the meeting of minds - Thus, existence of common..........
Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Allegation that accused gnawed the nose of informant with his teeth - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC - Alleged injury would fall u/s 325 IPC - However, considering the case of the year 1988 and no any other criminal..........
Indian Penal Code, 1860, Section 302, 325, 34, 149 -- Murder - Testimony of two injured/eye witnesses - Serious doubt as to whether PW1 and PW2 had really seen the accused assaulting deceased with the blunt edge of spade - Prior enmity between these two eye witnesses and accused - Three independent eye witnesses whose statements were recorded not examined by prosecution -..........
Indian Penal Code, 1860, Section 323, 325, 307, 148, 149 -- Offence u/ss 323, 325, 307, 148, 149 IPC - Free fight between parties - Dispute between parties was with regard to use of passage - Nothing on record that accused were stated to be aggressors or they had gone to place of incident with their pre determined mind - In the fight normal agricultural implements were..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Accused in pursuance of common intention caused simple and grievous injury to injured witnesses - Charge u/ss 323, 325, 34 IPC is proved beyond reasonable doubt against accused - Accused rightly convicted...........
Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Indian Penal Code, 1860, Section 307, 325, 427, 504, 34 -- Attempt to murder - Delay in lodging FIR without any plausible explanation - Nature of injuries do not support prosecution case - PW1 who happens to be brother of injured could not prove his actual presence at the place of occurrence - Injured was taken to hospital far away from the place of occurrence despite..........
