Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 323, 324, 504, 506, 307, 392 -- Application u/s 156(3) - FIR registered under orders of Magistrate - Two incised wounds found on head in medical examination - Police recorded statement of complainant during investigation - Final report submitted - Protest petition filed - Magistrate..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 324, 323, 34 -- Acquittal - Revision against - In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted...........
Indian Penal Code, 1860, Section 323, 324, 387, 452, 506 -- Quashing of complaint - Petitioner who are permanent resident of Bihar specifically alleging that the alleged occurrence is totally a concoction as they never came to Yamunanagar - Complainant, a proclaimed offender, earlier also filed similar complaints which were quashed by High Court - Complainant in order to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 506, 324, 323, 149, Arms Act, 1959, Section 25, 27 -- Permission to visit abroad to attend celebrations of Parkash Divas of Shri Guru Granth Sahib Ji - Petitioner facing trial for the last six years and regularly attending Court after grant of regular bail - Petitioner allowed to visit abroad..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 34 -- Criminal Procedure Code, 1973, Section 357 - Sentence - Reduction in sentence -Compensation - Conviction u/S.326, 325, 324, 323 r/w 34 IPC maintained -Incident 22 years old - Appellants remained in custody for some time after their appeal dismissed - Sentence of two years Rl reduced to already undergone if fine of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 307, 323, 324 -- Private defence -At 8.30 P.M. at night when it is dark and there is tension between neighbours opposite party attacking appellant's house and started throwing bricks and stones, causing damage to window panes - It caused apprehension in the mind of accused-appellant that he and his family..........
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 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..........
