Indian Penal Code, 1860, Section 307, 327, 326 -- Attempt to murder - Sentence - Looking to the weapon used by accused and resultant injury and condition of injured, imprisonment of 7 years cannot be said to be unreasonable and excessive - However, once the accused held guilty u/s 307 IPC and reasonably sentenced, he need not to be separately convicted and sentenced for..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred on the spur of moment - Injury no.1 is grievous in nature and all other injuries are simple in nature - Evidence of eye witness coupled with evidence of Doctor proves the case of prosecution - Non-examination of I.O by prosecution does not tilt the balance in favour of defence - Offence..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Reduction of sentence - Accused is more than 72 years of age - Injured had sustained the compound fracture of forearm - Held, keeping in mind the aggravating and mitigating circumstances and in the interest of justice, accused sentenced to undergo S.I for 1 year with fine of Rs.50,000...........
Indian Penal Code, 1860, Section 326, 448 -- Acid attack - Reduction of sentence - Rejection of proposal of marriage by victim/girl - Medical evidence supporting acid attack on the young girl and circumstances brought home by cogent evidence - There was no justification to reduce the sentence of accused to the period already undergone by him - Impugned order of High Court..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - Both parties sustained injuries - However, I.O suppressed injuries sustained by accused and preferred to act on the complaint of prosecution party - Prosecution not came forward with true version of occurrence - It would not be safe to convict any of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Various complaints were lodged and suppressed by prosecution - There are enormous doubts in respect of present compliant - Moreover, where village is factious, witnesses are partisan and there are too many number of accused as 50, when..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Overt act of each of accused - According to charges every accused caused one single blow on a victim - Narration of events by eye witnesses is highly dramatic and artificial - When there are too many victims, there would have been lot of..........
Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
Indian Penal Code, 1860, Section 326 -- Dangerous weapon - Lathi is capable of causing death of a person and it depends upon several factors viz. (i) whether its any end of the two is fitted with a hard and sharp or hard and pointed metallic object or covered around with thick sheet of any hard metal up to a few inches and the most important factor over and above them is..........
