Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Parties resolved their differences in Mediation - Out of total sentence, accused already undergone 1 month and 10 days of actual sentence as on date - Conviction and sentence set aside - 15% of cheque amount towards costs of litigation can be waived off in the interest of justice...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have resolved their differences and 15% of cheque amount has already been deposited towards compounding fee - Nothing is due against petitioner - Conviction set aside - Offence compounded...........
Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Once formation of unlawful assembly at the time of committing offence is established, question of specific role of an individual member of assembly is rendered secondary - Prosecution, thus, need not prove any specific over act on part of each and every member of that..........
Indian Penal Code, 1860, Section 304(Part1), 302, 325, 147, 148, 149 -- Nature of offence - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Manner of execution of its object by assembly with dragging of deceased by legs and merciless thrashing,..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Medical report supported ocular evidence - Manner of causing death of deceased makes it clear..........
