Criminal Procedure Code, 1973, Section 452 -- Release of gun and belt of cartridges - Since these two articles had been used in commission of heinous offence of murder, their return to heirs of murderer pinches the judicial conscience - More so, owner of said articles had neither charged nor convicted for any offence under Arms Act, therefore articles in question cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452 -- Bail - Offence u/ss 307, 452 - Act of administering poison allegedly done by applicant to his beloved in passionate love affair - In fact applicant also consumed poison - In such matters where applicant himself put his own life at serious peril, he should not be judged too harshly -..........
Indian Penal Code, 1860, Section 308, 324, 452, 323, 34 -- Reduction of sentence - Offence u/ss 308, 452, 323 IPC - High Court showed leniency by altering conviction u/s 308 IPC to S.324 IPC - It also reduced sentence of three years to six months for S.324 IPC and further reduced sentence of six months each u/s 323 IPC and three years each u/s 452 IPC to R.I. for a period..........
Criminal Procedure Code, 1973, Section 451, 452 -- Release of seized vehicle - Vehicle in question carrying forest produce - Condition of furnishing bank guarantee on release of vehicle rightly imposed - However, vehicle in question is old one as such bank guarantee of Rs.5 Lac substituted by Rs.3 lacs...........
Indian Penal Code, 1860, Section 326, 452, 324, 323, 34 -- Grievous hurt with dangerous weapons - Quantum of sentence - Petitioner are neither previous convicts, nor involved in any other case - Petitioner are facing protracted criminal trial for last more than 13 years - Five injured were received by injured out of which only one injury was declared grievous in nature..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 148, 323, 325, 452, 149 -- Appeal against acquittal - House trespass with intention of causing grievous hurt - Fight between the parties without any prior motive - Complainant admitted that fight took place in an open area - Accused has also suffered injuries but the said injuries are not..........
Indian Penal Code, 1860, Section 302, 452, 34 -- Murder - FSL report confirmed the brutal killing of deceased which was result of attack on his body with various weapons - Post-mortem report also confirmed the injuries found on the body of deceased - All PWs supported prosecution story - I.O able to recover the blood stained clothes, soil and other materials - Prosecution..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
Indian Penal Code, 1860, Section 452, 326, 34 -- House-trespass - Grievous hurt - Quantum of sentence - Petitioners committed criminal trespass by entering into house of complainant party and inflicted serious injuries on their person - Petitioner No.1 gave a gandasi blow on the head of complainant which is grievous in nature - Petitioner No.2 inflicted head injury on PW2..........
Indian Penal Code, 1860, Section 452, 353, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Assault - Quashing of summoning order - Four years after obtaining decree of divorce wife filed a complaint against her husband that he came to her house with his family members and assaulted her - Held, complaint was lodged only to wreck vengeance and seek vendetta by..........
