Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Bamboo sticks used by accused in causing fracture to injured - It was not mentioned in seizure memo that bamboo stick was fitted with hard and sharp or hard and pointed object or any end or both ends is/are covered with thick metal sheet - Fracture sustained by injured is not likely to cause death of injured..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Plea that accused is mentally challenged person - Said plea neither taken during trial nor before appellate Court - Burden of proving this fact lies on accused - Plea directly raised before High Court is not acceptable, particularly, when revision against conviction is preferred by accused himself and not through next..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Accused found absconding after the incident - It can be assessed that if there is no complicity of accused with the offence alleged, there should be no occasion for him to abscond immediately after the occurrence and his conduct itself is a relevant factor in the given circumstances...........
Indian Penal Code, 1860, Section 326, 457, Evidence Act, 1872, Section 8 -- Offence u/ss 326, 457 IPC - Motive - Accused was staying in the house of informant and when informant asked accused to return money he borrowed and vacate his house accused assaulted mother and son of informant - Said act of accused indicates motive on part of accused to commit the offence so as to..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Indian Penal Code, 1860, Section 307, 326, 457 -- Reduction of sentence - Offence u/ss 307, 326, 457 IPC - Though two victims sustained grievous injuries on their persons but accused had no intention to cause death of those persons to constitute offence u/s 307 IPC - Order of conviction u/s 307 IPC set aside - Since accused is already behind bar for more than 1 1/2 years,..........
Indian Penal Code, 1860, Section 307, 326 -- Offence u/ss 307, 326 IPC - Medical evidence shows that one of injuries on the head of PW9 was grievous and sufficient to cause death in natural course - All PWs stated that assailant was accused, as PWs seen accused fleeing away down the stairs after the incident - Though some discrepancies and contradictions were found in the..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
Indian Penal Code, 1860, Section 326, 324, 325, 147, 148, 149, 504, 506 -- Offence u/ss 326, 324, 325, 147, 148, 149, 504, 506 IPC - Modification of sentence - Accused persons inflicted 8 injuries to injured who was about 80 years of age on the date of incident - However, injured did not suffer any serious or permanent injury and is still alive - More so, 9 years have gone..........
Indian Penal Code, 1860, Section 498A, 326, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Accused persons after sprinkling kerosene oil upon victim, set her ablaze - Victim sustained 60% burn injuries - This factum remained unexplained by defence side - Demand of dowry by accused proved on record - Acceptance of direct evidence on record on..........
