Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Testimony of injured and eye witnesses - Several assailants were involved in the crime - All of a sudden they came and entered into the house of complainant armed with various weapons, inflicted injuries to several persons including deceased in quick succession in a time..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Accused formed an unlawful assembly with common object to cause death of deceased and in furtherance of common object injuries were inflicted to deceased and other family members - All members of unlawful assembly acted in furtherance of common object to cause death of..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Non-production of subscriber of FIR - Merely because complainant at whose instance report was written by subscriber, has disowned some of facts mentioned in report during trial, it cannot be inferred that those facts were averred in the report by subscriber at his own, as..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 308, 323, 325, 506, 34 -- Compounding of offence - Offence u/ss 308, 323, 325, 506, 34 IPC - Dispute between parties resolved amicably - Compounding applications are supported by joint compromise duly signed by parties - Injured witness not interested in prosecuting the accused - Although S.308..........
Indian Penal Code, 1860, Section 325, 367, 34 - - Voluntarily causing grievous hurt - Compounding of offence - At appellate stage - If parties entered into a compromise in a no, compoundable offence after they were convicted and in an appeal stage - Compromise not permissible - Hence, application for compounding of offence during appeal, rejected...........
Indian Penal Code, 1860, Section 325, 367, 34, Probation of Offenders Act, 1958, Section 4 -- Voluntarily causing grievous hurt - Offence committed by police personnels - Probation - Police officers physically and mentally harassed injured persons and stripped them in front of their family/ general public in police station - Moreover, they also managed to avoid complaint..........
Indian Penal Code, 1860, Section 323, 325, 307, 149 -- Offence u/ss 323, 325, 307, 149 IPC - Testimony of complainant is replete with contradictions and is not supported by other witnesses - Complainant stated that his sister-i, law and his cousin also received injuries in the incident but these witnesses not examined by prosecution - PW2 not supported case of complainant..........
Indian Penal Code, 1860, Section 323, 325, 452 -- Offence u/ss 323, 325, 452 IPC - Cross case - Accused allegedly gave several blows of lathis and dandas to PW2 - However, PW2 received only three injuries in the incident - Doctor opined that two injuries sustained by PW2 were abrasions and third was complaint of pain - If all the accused had given several blows to PW2 as..........
Indian Penal Code, 1860, Section 147, 179, 302, 323, 324, 325 -- Murder - PW5 while deposing in Court contradicted his earlier statement recoded by police and made several improvements - Testimony of PW5 not reliable - Blood on recovered Kassis and clothes not proved to be of the same group or of the blood group of deceased - Recovery of said articles disbelieved as same..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Merely because gun/fire arms could not be sent to ballistic expert/forensic science laboratory for opinion or if the report of ballistic expert though received but not produced, that would not be fatal to prosecution case because there is enormous evidence..........
