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 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..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
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, 304(Part I) -- Nature of offence - Prior enmity between appellant No.1 and deceased over measurement of agricultural fields - Accused persons though have knowledge that injuries would cause death of deceased but there is no material on record to show that they had intention to kill them - Medical evidence shows that all the three..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Crucial witnesses including close relatives of deceased either turned hostile or have failed to support prosecution case in material aspects - No eye witness to the incident as per I.O. - Delay in lodging FIR further casts a shadow on reliability of case of prosecution - Motive of crime not proved - Presence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
