Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Regular bail - There is direct evidence about involvement of accused in crime as PWs in their statements u/s 161, 164 Cr.P.C. have named the..........
Indian Penal Code, 1860, Section 148, 149, 341, 504 -- Unlawful assembly - Common object - Accused formed an unlawful assembly with an intention to assault injured witnesses - They in prosecution of their common object and armed with weapons like clubs and iron rods wrongfully restrained injured witnesses from proceeding further, abused them in filthy language so as to..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Indian Penal Code, 1860, Section 307, 323, 326, 148, 149, 506 -- Attempt to murder - Cross-case pending against complainant party - Delay caused in registration of complaint not explained - Neither in complaint nor any PW deposed that both accused have caused any injury to anyone - Even there is no recovery from both accused - Moreover, complainant party is aggressor and..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 149, 323, 325 -- Framing of charge u/ss 307, 149 IPC - Accused allegedly 8 in number, armed with lathis, named in FIR - But small number of injuries received by injured belies said allegation - Moreover, if accused were intending to kill injured, nothing prevented them from aiming the lathis..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Non-production of one of PW cannot afford a basis to draw an adverse inference against prosecution, particularly, when direct and specific evidence fully corroborated by other attending circumstances proved the guilt of accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Deceased sustained 20 injuries - All injuries were by sharp edged weapons and not only first head injury but other injuries were also quite deep and wide - Consistent statement of four eye witnesses cannot be disbelieved that it was accused who had initiated quarrel by first inflicting a `farsi' blow on the head of..........
