Indian Penal Code, 1860, Section 300, 307, 325 -- Murder - Petitioner alleged caused injuries on the head of the informant with the iron rod - Informant died in few days after the occurrence - Pesticide found on stomach in viscera report furnished by Forensic Science Laboratory - Cause of death was pesticide and not the injuries inflicted - Injuries on the head simple,..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Conviction u/s 325 IPC - Compromise during pendency of appeal - Parties allowed to compound the offence - Accused acquitted...........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 34 -- r,w - Reduction of sentence - Two years R.I. - Revisio, petitioners have already been facing criminal proceedings for last more than 17 years - Revisio, petitioners are aged about 62, 67 and 52 years - All of them have already undergone more than three months sentence - Held, substantive sentence is reduced to a..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Appellant assaulted deceased with a stick - Other eye witnesses stated that appellant had given fist blow - Conviction altered from S.302 IPC to S.325 IPC...........
Indian Penal Code, 1860, Section 34, 325 -- Common intention - Proof of - All accused were present at the spot when incident took place - In that spur of moment, no body may have visualized that some beatings with shoe will be given by accused "P", who started giving blows on person of victim with plastic shoe which she was wearing in her foot - It is not that she had come..........
Indian Penal Code, 1860, Section 325, Probation of Offenders Act, 1958, Section 3, 4 -- Hurt - Release on probation - Due to a rash act on part of petitioner `P', an old woman of the age of 70-80 years had lost her life due to beatings given to her by petitioner - Held, she does not deserve any leniency - Both courts below have rightly held that benefit of the provisions..........
Indian Penal Code, 1860, Section 452, 307, 325, 323, 34 -- Delay of 43 hours in lodging FIR - No explanation for the delay - Possibility of embellishment, concoction and fabrication of the prosecution case cannot be ruled out - Evidence of witnesses and IO rendered untrustworthy and false - Medical evidence not inspiring confidence - Trial Court not appreciated evidence in..........
Indian Penal Code, 1860, Section 325, 324, 323, Probation of Offenders Act, 1958, Section 3, 4 -- Occurrence relates to the year 1994 - No useful purpose would be served by sending them in custody after such a long period - They have faced a protracted trial of 14 years - Accused released on probation...........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 323, 325 -- Conviction - Nature of offence - Common objection of unlawful assembly was only to cause grievous hurt - No intention to cause death as lathis were not wielded on vital parts of body of deceased - Conviction and sentence modified...........
Indian Penal Code, 1860, Section 307, 325, 147, 148, 149 -- Conviction - Affirmed by High Court - Appeal against - Prosecution suppressed the genesis of occurrence - Injured was declared hostile - In his statement before police he stated that three other persons armed with weapons were also present apart from the present four appellants - In the Court he sated that non..........
