Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Reduction of sentence - Accused contended that occurrence was of the year 1974 and he is 90 years old now and sending him to prison at this distant point of time would be harsh - Contention rejected, as in the occurrence two persons died and number of others were injured, thus..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Eye witnesses - All eye witnesses consistent about occurrence - Testimony of eye witnesses credible and trustworthy as it is corroborated by medical evidence - Evidence of injured witnesses cannot be disbelieved and their presence at the scene of occurrence cannot be doubted - Presence of accused `R' at..........
Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Murder - Plea of private defence - Accused allegedly armed with lathis, sword and other weapons of offence, obstructed complainant party from collecting the crops and struck blows on deceased - However, accused stated that complainant party assaulted them and they were justified in exercising their private defence..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 449, 323, 216, Arms Act, 1959, Section 25 -- Murder - Case based on ocular testimony of two injured witnesses - Eye witnesses testified that `Satish' gave a gandasa blow on the neck of deceased and thereafter `Satbir' gave a gandasa blow on the neck of deceased - Doctor opined that only a single injury on neck of..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, 449, 323, 216, Arms Act, 1959, Section 25 -- Murder - Case based on ocular testimony of two injured witnesses - Their presence in house cannot be doubted and they had no difficulty in identifying the assailants - Both these injured witnesses are rustic woman and not tortured witnesses - Minor contradictions and..........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Group clashes - Two occurrences - Accused persons assembled with lathis, zaili etc, to perpetuate and inflict injuries on other side with common object to inflict injuries and cause physical harm - Object was unlawful - Offence u/s 302 made out as deceased died due to injuries..........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Modification of sentence - Accused `J' & `N' acquitted though their names do figure in FIR but they were not present at the spot as accused `J' participated in wrestling competition along with his brother accused `N' - Accused `R' & `A' also acquitted of the charge u/ss 302, 149..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Bail - Murder - Petitioner 80 years old - No specific role has been assigned to the petitioner - He was not armed with any weapon and was empty handed - Further detention as an under trial not warranted - Bail granted...........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Appeal against Conviction - Accused acquitted - Allegation that, due to enmity between parties, accused persons came with blunt weapon at the place of incident & inflicted injuries on complainant party as a result of which one person died - Neither any blood oozed out from body of deceased nor any blood..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - Primary intention of unlawful assembly was to dispossess complainant party - Appellants aim was to assault PW1 and when deceased and others intervened, fatal injuries caused to deceased - Deceased died after 11 days - Eye witness support prosecution..........
