Indian Penal Code, 1860, Section 323, 506, 34 -- Offence u/ss 323, 506, 34 IPC - Reduction of sentence - Considering the aspect that accused was facing trial for last more than 4 years and he being more than 60 years, sentence modified by Court by reducing it from 1 years to 3 months S.I and to pay fine of Rs.1000 - Sentence rightly reduced...........
Indian Penal Code, 1860, Section 460 -- Offence u/s 460 IPC - No specific role attributed to any of accused by eye witnesses and all of them have been convicted only with the aid of S.149 IPC - There was no unlawful assembly as two out of five accused have been acquitted - Appellants acquitted...........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Recovery of ornaments - Two of the five accused from whom the recovery was made, have been exonerated by High Court - Examination of goldsmith or the person from whom other ornaments were brought was necessary to prove that ornaments were identical to the ones recovered at the instance of accused - But that..........
Indian Penal Code, 1860, Section 141, 148 -- Unlawful assembly - High Court has acquitted two out of three accused of all charges - Therefore, there was no unlawful assembly within the meaning of S.141 IPC - Conviction u/s 148 IPC thus, cannot be sustained...........
Indian Penal Code, 1860, Section 302, 149 -- Double murder case - Testimony of eye witnesses - PW9 has not even stated that she had seen any of accused assaulting the deceased - Even version of PW8 is very vague about accused assaulting deceased - Husband of PW-9, who was injured witness, has not been examined - PW8 stated that he was awakened due to cries of his nieces..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused had given the dhariya blow on the head of PW6, which was a sharp cutting weapon which was recovered from accused - Endorsement by doctor in the history that injury was caused by accused as well as other witnesses testified on the particular date and time on the PW6 attack was made by Dhariya as well as..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Reduction of sentence - Accused was convicted u/s 324 IPC and remained in custody for the period of 28 days - 18 years have passed of the incident and there was no other untoward incident reported - Considering the injury which is simple, sentence reduced to period already undergone by accused...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Details and particulars not given as to when and on which date and place the threats were given - Without said details and particulars, allegations of threats etc. have been made only with an intent to activate police machinery for recovery of money - FIR quashed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
