Indian Penal Code, 1860, Section 217 -- Offence u/s 217 IPC - Order taking cognizance - Prima facie petitioner who was a senior Police Officer had deleted part of proposed charge sheet for offence u/ss 307, 308 IPC and had also deleted one of accused proposed by earlier I.O - Even, petitioner left out one accused from being made as accused while Magistrate has found him to..........
Indian Penal Code, 1860, Section 326, 325, 341 -- Nature of offence - Offence u/ss 326, 325, 341 IPC - Plea of Private Defence - Prosecution fail to offer explanation for injuries caused to accused - Accused given the benefit of right to private defence -However, he has exceeded the same - Offence alleged deserves to be toned down from Ss.326 to 324 IPC...........
Indian Penal Code, 1860, Section 324, 326, 100 -- Nature of offence - Right to private defence - Injury caused to injured on his leg caused by sharp weapon - However, prosecution did not make any effort to prove X-ray reports of injured by examining Radiologist - Grievous injury on leg of injured not based on any legal evidence - Accused also suffered a grievous injury on..........
Indian Penal Code, 1860, Section 489C -- Fake currency notes - Accused was in possession of 4 bundles containing 100 numbers of currency notes of Rs.1000 each amounting to 4 lakhs suspected to be fake and recovered from carry bag carried by accused - Though there are some discrepancies between evidence of PW1 in Court and FIR with regard to number of fake currency notes..........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Sale, purchase or receipt from any person or otherwise trafficking in counterfeit currency notes as genuine is a sine qua non of such offence...........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Expression `otherwise traffics in' would include any act undertaken by accused which would lead to circulation of notes...........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - No evidence that accused had sold, received or used any counterfeit notes - Moreover, no charge of transportation of fake currency notes has been framed - Accused thus, not called to answer a charge of `otherwise trafficking in' fake currency notes by transporting such notes through a public thoroughfare for..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - There was sudden and free fight where accused as well as complainant party inflicted injuries to each other - Each of accused is responsible for his individual act - Trial Court erred in convicting accused u/s..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - One injury on head with a blunt weapon - This shows that accused has no intention to commit murder of deceased but had knowledge that injury inflicted by him on head could cause his death - Since, there is only..........
Indian Penal Code, 1860, Section 323, 324 -- Offence u/ss 323, 324 IPC - Act of accused of causing injuries to PW1 and PW2 with help of chain cover of bicycle duly seized and fortified by evidence of doctor - Though evidence of injured witnesses speaks of use of sword by accused while assaulting them yet no such seizure is effected by prosecution - Accused held, rightly..........
