Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - No discrepancies and contradictions in the evidence of victim - Evidence of victim is supported by PW3 - Appellant failed to prove that because of prior enmity victim was telling lies - Conviction 2upheld...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Modification of sentence - Occurrence took place in the year 2009 and till now appellant had undergone rigors of defending himself - Appellant directed to undergo S.I. of 10 days only without any fine...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness/PW1 not supported by medical evidence - There is material discrepancies between ocular evidence of PW1 and injuries found in postmortem report - Appellants allegedly assaulted deceased with Laathi, which is hard and blunt object but injuries found on dead body during postmortem have been found..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract offence u/s 307 IPC, there must be proof of an intention to cause death...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 9 -- Offence u/s 9 of the Act - Appellant has already been granted remission for the main offence u/s 302 IPC - However, following the date of remission, appellant has undergone an additional incarceration of approximately 10 months - It is not case of State that appellant was habitually not reporting to..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Offence u/ss 302, 376, 201 IPC - Conviction - The circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused - Those circumstances should not be capable of being explained by any other hypothesis except the guilt of the accused and the chain of the..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
