Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Injured child witness categorically stated that accused pushed her and her hand broke down when she fell down - FIR lodged next day of incident, as police station is 25 kms away from place of incident and there is no conveyance to reach at Police Station - Doctor who examined victim found fracture in left hand..........
Indian Penal Code, 1860, Section 325, 452 -- Offence u/ss 325, 452 IPC - False implication - Occurrence duly proved on the basis of statement of injured and eye-witness account - Ocular version duly supported and corroborated by medical evidence, apart from statements of remaining PWs who had completed the investigation of case - Plea of false implication rejected -..........
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325 -- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of..........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34 -- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 308, 323, 325, 506, 34 -- Compounding of offence - Offence u/ss 308, 323, 325, 506, 34 IPC - Dispute between parties resolved amicably - Compounding applications are supported by joint compromise duly signed by parties - Injured witness not interested in prosecuting the accused - Although S.308..........
Indian Penal Code, 1860, Section 323, 325 -- Hurt - Disputes between the parties over watering of fields - Injured witness deposed about occurrence and injuries caused by accused - Testimonies of injured witnesses carries great evidentiary value as their presence at spot is certified from the injuries on their person - Testimony of injured and complainant fully..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Indian Penal Code, 1860, Section 302, 325, 364, 148, 149, 249 -- Murder - Long drawn enmity and litigation between parties - Testimony of some of the eye witnesses not reliable - Eye witness B herself injured and nothing substantial elicited to totally destroy her testimony - Eye witness B not tally truthful - Accused R responsible for murder - Plea of alibi of R not..........
