Indian Penal Code, 1860, Section 427 -- Mischief - Value of bottle which was broken by accused and which was partly consumed was Rs.276/- - Testimony of PW4 to that effect not impinged by defence - Accused committed an offence u/s 427 IPC - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 382, 427, 367, 120B -- Dismissal of case on account of no, prosecution - Offence u/ss 382, 427, 367, 120-B IPC - Case was pending since long due to no, appointment of Addl. P.P. - However, case was dismissed on account of no, prosecution on the very next date of reporting of Addl.P.P - There were..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 143, 147, 149, 341, 427, 448, 120(b) -- Sanction for prosecution - Offence u/ss 143, 147, 149, 341, 427, 448, 120(b) IPC - Main object of unlawful assembly or hatching criminal conspiracy was to restrain petitioner from entering in the shop premises and then to evict him therefrom - Offence..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - S.427 Cr.P.C. is not applicable for ordering sentence awarded on previous conviction to run concurrently with the sentence awarded on subsequent conviction, as it is applicable to sentence awarded on subsequent conviction to a person already undergoing sentence...........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 326, 427, 34 -- Grievous hurt - Accused person armed with sickle and swords allegedly assaulted complainant and his associates - As per medical reports complainant and his associates have suffered grievous injuries caused by sharp weapons - Testimony of prosecution witnesses clearly corroborated by medical evidence - Conviction of accused,..........
Indian Penal Code, 1860, Section 326, 427, 34 -- Reduction of sentence - Grievous hurt - Accused persons and complainant were having animosity and both parties attacked each other and sustained injuries - However, accused exercised their right to private defence in excess - Therefore, sentence reduced...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentence - It is only the Court which is empowered to direct that subsequent sentence shall run concurrently with such previous sentence...........
Indian Penal Code, 1860, Section 207, 304A, 427 -- Death due to negligence - Quantum of sentence - Accused is not a previous convict not involved in any other case - Occurrence relates to 5 years back - Sentence of petitioner reduced to 1 year for the offence U/S 304A but sentence of fine and Imprisonment U/S 279 and 427 stand affirmed...........
