Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Eye witnesses and injured witnesses are consistent and adhered to their respective version - Nothing on record to discard their evidence as untrustworthy and therefore version of said witnesses is required to be accepted - Minor omissions in FIR not to persuade Court to discard prosecution case - Moreover even..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354B, 323, 34 -- Anticipatory bail - Outraging modesty of woman - Case of version and cross-version - Each party supports its own case by way of oral evidence and truth of allegations will be determined only during trial of case - No recovery is to be effected from petitioners - There is no..........
Indian Penal Code, 1860, Section 304, 308, 323 -- Offence u/ss 304, 308, 323 IPC - FIR lodged promptly - Three witnesses of facts specifically stated that accused committed crime - Statement of injured eye witness/PW7 being son of accused fully corroborated by medical evidence - No major discrepancy found in testimony of PW7 and his presence on the scene of occurrence..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/ss 304(Part II), 323 IPC - Accused is in custody since last 6 years - He is a young man of 28 years old and also a member of Scheduled Tribe community - Taking into account the facts of case, sentence of accused thus, reduced to period already undergone by him u/s 304(Part II) IPC and S.323 IPC but rest of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 451, 323, 341, 382, 147, 149, 504, 506 -- Quashing of FIR - Compromise - Offence u/ss 451, 323, 341, 382, 147, 149, 504, 506 IPC - Parties resolved to settle their dispute amicably and accordingly entered into a compromise - Both the parties categorically stated on oath that to maintain cordial..........
