Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Indian Penal Code, 1860, Section 325, 341, 323, 294, 448, 506, 354 -- Offence u/ss 325, 341, 323, 294, 448, 506, 354 IPC - Order taking cognizance - No prima facie evidence on record to show that A-1 voluntarily caused any grievous hurt to complainant as designated u/s 320 IPC - Basic ingredients of S.325 IPC thus, not attracted - However, there is prima facie material on..........
Indian Penal Code, 1860, Section 307, 325 -- Attempt to murder - Victim not supported prosecution case and declared hostile - Entire case is based upon sole testimony of wife of victim - Accused had no intention to commit murder of victim, as he was having sharp edged instrument but as per allegation he has used blunt portion and that too only once - Only single blow was..........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Indian Penal Code, 1860, Section 325, 34 -- Offence u/ss 325, 34 IPC - Incident occurred in 1988 - One injured expired - Injured were duly compensated with amount of fine of Rs.50,000/- - Quantum of fine awarded in 1988 or so appears to be just and reasonable - View of High Court that accused have already undergone some reasonable length of jail sentence which is..........
Indian Penal Code, 1860, Section 323, 324, 325, 148, 149 -- Offence u/ss 323, 324, 325, 148, 149 IPC - Accused convicted by trial Court on the basis that it is a case of free fight - Court has to record reasons as to how presence of accused is established by some cogent material and evidence - Trial Court not scrutinizing evidence about participation and presence of all..........
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 325 -- Offence u/s 325 IPC - Quantum of sentence - Once accused is held guilty of commission of offence u/s 325 IPC, then imposition of jail sentence and fine on accused is mandatory - Thus, High Court was not right in setting aside entire jail sentence of accused, while upholding his conviction u/s 325 IPC and substitute it by imposing..........
