Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
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 defeated on concept of..........
Indian Penal Code, 1860, Section 325 -- Appeal against acquittal - Complainant's version is full of contradictions and other eye witness has differentiated himself on vital aspects coupled with fact that PW5 is related to complainant but has not supported complainant's version - Delay in lodging of FIR not explained - Prosecution story is uncorroborated by witness and not..........
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..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 341, 325, 506 -- Plea of alibi - Time of occurrence of incident 6:30 PM - Accused a Water carrier and through testimony of defence witness, who was posted as JBT Teacher testified that on the date of occurrence of incident, accused was present in school till 4:00 PM - Distance from school to spot of crime is..........
Indian Penal Code, 1860, Section 341, 325, 506 -- Offence u/ss 341, 325, 506 IPC - Plea of alibi - Complainant does not ascribe any particular role to accused - Testimony of daughter of complainant is also to similar effect - However, accused on the date of incident was present in the school where he was posted, which fact is corroborated by record of attendance - Since..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Accused convicted - Claiming party in sentence with other co-accused who were released on probation of good conduct - Parity claimed by accused is misconceived and cannot be granted to accused, as concession shown to other three accused was mainly on the ground of their extreme old age - Accused..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Reduction of sentence - Genesis of occurrence was on account of a dispute between parties over a right to have a drain in a passage - Victim suffered sole head injury caused by lathi - No specific role assigned to any of five accused - Prosecution failed to pinpoint the accused who caused head injury..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Delayed FIR - Murder - All male members of family of deceased were injured in the incident - Deceased was in a serious condition - Priority for complainant party and police was to provide him immediate medical aid and not to lodge report - Report lodged after death of..........
