Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `O' and `U' though came with common object, but considering that weapons, which they were having and recovered from them were lathis and also because..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Lack of specific injuries caused by each accused - Offences involving unlawful assembly and common object, individual roles are not necessary to be established and collective liability applies u/s 149 IPC - Since there is evidence of prior rivalry and political enmity, incident has been proved independently, mere..........
Indian Penal Code, 1860, Section 323, 324, 148, 149 -- Offence u/ss 323, 324, 148, 149 IPC - Accused persons were members of unlawful assemblies, armed with deadly 19 weapons such as iron rods, knives, sticks, and lathis, and had voluntarily caused hurt to victims - Material on record including seizure memos, medical reports and eyewitness testimonies, support conclusion..........
Indian Penal Code, 1860, Section 307, 324, 149 -- Attempt to murder - Trial Court, after meticulous evaluation of medical evidence including testimony of doctors and nature of injuries, has specifically concluded that though weapons were dangerous and injuries were serious, there was no direct attempt or intent to commit murder - Conviction u/ss 324, 149 IPC upheld...........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Evidence of PW2 is corroborated by PW3 and PW4/independent witness - Apart from certain minor discrepancies in evidence, no material contradictions affecting core of prosecution case have been brought out - There is also no case for accused that PWs 2, 3 and 4 has any scores to settle with him in..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Sentence - Incident had taken place in the year 2008 - Considering age of accused and chances of reformation, sentence imposed on accused is on a higher side - Petitioner can be ordered to undergo R.I. for a period of three months and to pay a fine of Rs.10,000 u/s 457 IPC and in case of default to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against father-in-law, mother-in-law and sister-in-law - Allegations against appellants are of a general nature as well as vague without any particulars - There are other omnibus statements made in complaint without any particulars whatsoever - Vague and general allegations cannot lead to forming of a prima..........
Indian Penal Code, 1860, Section 377, 506, 34 -- Unnatural offence - Allegations have been made only against husband and not against appellants - No allegation whatsoever in that context against appellants that would require them to face trial on that count - Proceedings qua appellants quashed...........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having blood Group `B' and blood stains found on Kurta, Pajama of appellant was also human blood `B' - Presence of appellant as inmate of Open Air Camp is established from record and on the fateful day deceased was on duty is also fortified from material available on record - No..........
