Indian Penal Code, 1860, Section 326, 324, 325, 147, 148, 149, 504, 506 -- Offence u/ss 326, 324, 325, 147, 148, 149, 504, 506 IPC - Modification of sentence - Accused persons inflicted 8 injuries to injured who was about 80 years of age on the date of incident - However, injured did not suffer any serious or permanent injury and is still alive - More so, 9 years have gone..........
Indian Penal Code, 1860, Section 149 -- Common object - Deceased died due to single blow - Some persons discharged by investigating agency - Bonafides of complainant not established - All the accused, held, not guilty of offence u/s 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Appeal against acquittal - Leave to appeal - Old dispute between parties - Prosecution alleges that all accused gave beatings to deceased by deadly weapons - However, according to medical evidence there was only one injury on the body of deceased which indicates that all accused were not..........
Indian Penal Code, 1860, Section 323, 325, 148, 149, 452 -- Offence u/ss 323, 325, 149, 452 IPC - Reduction of sentence - Sentence qua imprisonment for offence punishable u/ss 452, 325, 149 IPC is reduced from R.I. for 5 years to R.I for 4 years - Sentence qua offence u/ss 323, 148, 149 IPC held, maintained as awarded by trial Court - All the sentences shall run..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Allegation that deceased was beaten by lathi - However, no injury was found upon body of deceased - There are major contradictions in the statements of PWs - Prosecution failed to prove its case against accused beyond reasonable doubt - Benefit of doubt must be given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 302, 149, 120B -- Double murder case - Appeal against conviction - Courts below gave convincing reasons after analyzing evidence of eye witness and other witnesses - Presence of accused at the scene of occurrence stood established - Evidence of all PWs are consistent and corroborated with each other regarding role of accused and their..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 3 -- Murder - Conviction - Credibility of eye-witnesses - FIR disclosed wide variation in events - Statement made by two witnesses that they saw their brother being assaulted but they did not go near him for their own safety as accused were armed with lathis and jeli and went back home, remained silent..........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Conviction - Sudden altercation between two parties - Accused `B' and `S' reached place of occurrence with deadly weapons - No evidence on record to prove that there was any other accused armed with deadly weapons - Mere recovery of lathis at instance of other accused, does not prove that they had common..........
