Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 325, 326, 323 -- Conviction u/s 325, 326 and 323 IPC - Incident 21 years old - Accused first offender - Accused must have lived every moment under extreme emotional and mental stress and strain and under a fear psychosis - Ends of justice would be fully met if he is released on probation -..........
Indian Penal Code, 1860, Section 302, 326, 325, 324, 148, 323, 149, 96, 100 -- Right of private defence - Accused in possession of land - Complainant party came to take forcible possession of land - Accused inflicted gandasi and gandhali injuries on vital parts of persons of complainant party as a result of which one person of the complainant party died - Nature and..........
Indian Penal Code, 1860, Section 302, 34, 304II, 323, 324 -- A1 hitting with bottle on head - It did not cause even a visible injury - A2 throwing a burning kerosene lamp from a distance - Acts done cannot be said to be in furtherance of common intention to cause death - Accused can be held guilty for the individual overt acts - Throwing of burning kerosene lamp gives rise..........
Indian Penal Code, 1860, Section 307, 34, 323, 34, Criminal Procedure Code, 1973, Section 357 -- Attempt to murder - Both hands amputated - Accused sentenced to 10 years rigorous imprisonment - High Court reduced sentence of second appellant from ten years to seven years - High Court further directed appellant No.1 to pay Rs.1 lac and second appellant to pay Rs.50,000/- as..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34 -- Dowry Prohibition Act, 1961, S.4, Criminal Procedure Code, 1973, Ss.482 and 156(3) - Quashing of proceedings - Petitioner charge-sheeted under Ss.498A, 323, 294, 506/34 IPC and S.4 of Dowry Prohibition Act, 1961 on a complaint filed by complainant under S.156(3) Cr.P.C. - No evidence on record that petitioners..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Sudden fight - Contention of - There was neither mutual provocation nor aggravation nor was it a case of fight for which both the parties are more or less to be blamed - Accused attacked the deceased on his vital organs causing grievous injuries and other persons with deadly weapons and taking undue..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Conviction - Appeal against - Plea of self defence - One on each side of complainant and accused died - Prosecution not offered any explanation as to how deceased a member of accused party received fatal and other grievous injuries - It is probable that there was free fight between both parties - When there is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 323, 148, 149 -- Bail - No injury on vital part of body of deceased which can be said to have been caused by the petitioners - Co-accused already granted bail - Petitioners in custody for last one year and two months - Bail granted...........
Indian Penal Code, 1860, Section 323, 325, 326, 34 -- Grievous hurt by dangerous weapons - Appellants alleged to have attacked deceased when he was going towards his home - Occurrence witnessed by PW6 and PW7 - Defence contended that prosecution version based on testimony of relatives of deceased i.e. PW6 and PW7 - Held, there is no proposition in law that relatives are to..........
Criminal Procedure Code, 1973, Section 320(2, 320(8), Indian Penal Code, 1860, Section 323, 325 -- Compounding of offence - Can be allowed before judgment of conviction - After passing of judgment of conviction, compounding of offence cannot be permitted and Court has to pass order regarding sentence - However, if order of conviction and sentence is challenged in appeal or..........
