Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Indian Penal Code, 1860, Section 302, 324, 100 -- Murder - Right to private defence - Deceased were not armed with any weapon at the relevant time - Accused who were 7 to 8 in number having spear, axe and sticks thus, not entitled to right of private defence...........
Indian Penal Code, 1860, Section 324, 326, 307 -- Nature of offence - Prior property dispute between parties - Sudden fight between family members - Accused persons did not carry any weapons with them - During fight, accused have taken iron rod lying near scene of occurrence and had attacked injured - A1 and A2 caused grievous injury to injured `M' and caused simple..........
Indian Penal Code, 1860, Section 324, 326, 34 -- Voluntarily causing grievous hurt - Common intention - Specific over act attributed against A1 and A2 - It is spontaneous reaction that A1 and A2 independently in course of argument attacked injured `M' and others - Except contradictory version of PW1 and PW3, there is no material to show that A3 shared intention to cause..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Nature of injury sustained by injured as opined by Doctor to be simple in nature - Medical report proved by Doctor does not mention that head injury was sufficient in ordinary course of nature to cause death - In the absence of any other medical documents from any other hospital or any material to show after..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 323, 324, 506, 34 IPC - Landlord-tenant dispute - Matter was settled in compromise between parties in presence of injured persons - Sum of Rs.25 lakhs was paid by accused - Landlord-tenant dispute between parties stood..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 341, 34 -- Bail - Offence u/ss 307, 323, 324, 341, 34 IPC - All material witnesses including complainant have been examined - Application u/s 319 Cr.P.C has been moved, which may prolong the trial - No purpose would be served by keeping petitioner in custody - Bail granted...........
Indian Penal Code, 1860, Section 304(Part I), 324, 149, Explosive Substances Act, 1908, Section 3, 4, 5 -- Offence u/ss 304(Part I), 324, 149 IPC - Bomb blast - Injuries sustained by accused persons were duly explained by prosecution - Pellet injuries as sustained by A-3 were as a result of explosion of bomb which was handed by A-2 - As a result of incident, two deceased..........
