Indian Penal Code, 1860, Section 436, 429, 323, 506 -- Offence u/ss 436, 429, 323, 506 IPC - Reduction of sentence - Occurrence was of year 2000 and subsequent to incident Rs.9 lakhs paid to complainant party - Accused already undergone imprisonment of about 3 years - Sentence of imprisonment of 7 years reduced to period of 5 years...........
Indian Penal Code, 1860, Section 323, 307, 454, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 307, 454, 34 IPC - Dispute between parties already settled amicably - Complainant does not want to press allegations levelled in FIR - It is thus, a fit case, where FIR pending against petitioner is quashed while exercising..........
Indian Penal Code, 1860, Section 302, 324, 323, 341, 148, 149 -- Murder - Accused not named in FIR registered at the instance of PW1 - It was only in subsequent statement u/s 161 Cr.P.C that PW1 improved upon his earlier statement and named two more persons including accused - But PW1 failed to provide any plausible reason as to why these two persons including accused were..........
Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Indian Penal Code, 1860, Section 376D, 323 -- Rape - Prosecution improved its case after lodging FIR as per statement of prosecutrix, medical report and statement of father and maternal uncle of prosecutrix - Complaint lodged after 2 days of alleged incident by prosecutrix herself mentioning all details of accused and her statement recorded after 13 days - Statement of..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - No inference can be drawn from the allegation in FIR and statements of witnesses, that injuries on person of complainant were caused by accused `N' in furtherance of common intention of all the three - Merely because accused `L' was accompanying with other accused at the time of occurrence, he..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Role of accused `N' in causing injures to complainant and allegation in FIR corroborated by testimony of complainant, eye witnesses and medical evidence - No reason to discard testimony of complainant and his son, which is supported by medical evidence, merely because no independent witness..........
