Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Reduction of sentence - Punishment of 10 years imprisonment along with fine of Rs.25000 is too harsh as per offence u/s 326 IPC - Sentence reduced to 9 years incarceration with fine of Rs.2000 reason being complainant and injured would have been adequately compensated by Government as they invoked the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Conversion of sentence into fine - Accused has already undergone sufficient period in jail as under trial and after conviction by appellate Court - Sentence of accused thus, converted into fine of Rs.50,000/-...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Injury cannot be opined to be dangerous to life, unless Radiologist/Surgeon who performed surgery was examined - In the instant case, injury in question could be dangerous to life does not induce confidence of Court - Conviction of accused thus, scaled down from S.307 to S.326 IPC - However, since compromise..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Nature of offence - Accused came to house of deceased armed with lathis bamboo sticks on account of death of their sister and where some quarrel took place and one fatal blow on head of deceased came to be made - It is not known out of three accused who caused fatal injury to deceased - No previous enmity between parties and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
