Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object being one of those set out in S.141 IPC and she was actuated by that common object...........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Indian Penal Code, 1860, Section 302, 342, 323, 147, 148, 149 -- Murder - Eye witness/PW2 not named any of accused in FIR whereas, in his statement in Court, names of accused did occur in his testimony - However, PW2 did not attribute any overt act to accused - Other eye witnesses also did not name any of accused - Evidence of PW4 though indicate some role but that part of..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder case - Sentence modified by High Court on wrong factual premise - Trial Court acquitted four accused u/ss 302, 149 IPC but convicted u/s 27 of Arms Act - High Court convicted all of them u/ss 302, 149 IPC and S.27 of Arms Act in appeal on the wrong factual premise that accused have suffered..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
