Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Injuries sustained by accused - Where accused caused injuries to 13 persons and two persons died, if one pellet injury each was sustained by two of accused and one lacerated would was sustained by one accused, it was not unnatural for them to receive such type..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Conviction of 12 accused - Deceased was severally beaten and dragged from one house to another - Absence of blood trail on the way through where deceased was dragged by accused was not unnatural as in both the routes, there was mob of 30-35 people and soon..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against acquittal - Acquittal of 18 accused - No specific injury as sustained by deceased was attributed to any of accused - Neither any overt act of causing injury to any of injured witnesses has been attributed to accused - Prosecution failed its case against these accused beyond..........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Mere fact that accused was not named in FIR would not entitle him to an acquittal when his guilt has been established beyond reasonable doubt by evidence on record - Conviction upheld...........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Evidence of PWs proves beyond reasonable doubt that accused assaulted PW2 with blunt side of a dao weapon causing fracture of left side ribs - Absence of independent witness, non seizure of dao weapon and absence of medical report, does not affect conviction of accused as prosecution evidence is found..........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Reduction of sentence - Keeping in view the serious nature of offence, sentence cannot be reduced as imposed by High Court - However, ends of justice would be met if sentence u/s 325 IPC modified from sentence of R.I for 6 months to sentence of S.I for 6 months...........
Indian Penal Code, 1860, Section 325, 34 -- Reduction of sentence - Offence u/ss 325, 34 IPC - Considering serious nature of offence involved, not a fit case for granting benefit of probation under Probation of offenders Act - Conviction upheld...........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Accused caused 18 injuries on no, vital parts of body causing fracture of wrist bones of both hands - Accused acted in state of fury but it cannot be said that they caused those injuries with intention to cause death - Conviction altered from S.307 to S.325 IPC...........
Indian Penal Code, 1860, Section 325 -- Voluntarily causing grievous hurt - Quantum of sentence - Incident had taken place in 1998 - Accused were in their mid 20s and they have undergone 17 months of R.I - Accused sentenced to undergo 3 years of R.I. with Rs.5000 fine in default of which to further undergo R.I for 1 month...........
Indian Penal Code, 1860, Section 325, 320 -- Grievous hurt - There must be a specific hurt voluntarily inflicted and coming within the eight kinds of hurt enumerated in S.320 IPC - Accused gave two lathi blows on head of victim causing fracture of frontal bone of head of victim - It is grievous hurt u/s 320(7) of IPC - Conviction of accused u/s 325 IPC upheld...........
