Indian Penal Code, 1860, Section 323, 324, 325, 148, 149 -- Offence u/ss 323, 324, 325, 148, 149 IPC - Accused convicted by trial Court on the basis that it is a case of free fight - Court has to record reasons as to how presence of accused is established by some cogent material and evidence - Trial Court not scrutinizing evidence about participation and presence of all..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Deceased died due to gunshot injury caused by accused `M' - Weapon along with cartridges were recovered from accused `M', although rifle was licenced and issued in the name of his father - Accused `M' liable for murder of deceased and held rightly convicted...........
Indian Penal Code, 1860, Section 326, 324 -- Murder - Offence u/ss 326, 324 IPC - Medical and ocular evidence proved that Accused `G' & `S' caused injuries to injured witnesses - Said injuries proved to fall within parameters of Ss.326, 324 IPC - Both the accused convicted u/ss 324, 326 IPC...........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Six empty as well as four live cartridges recovered - However, neither any empty or bullet of revolver attributed to accused `K' and `P' were recovered from them - No evidence on record that alleged fired shots attributable to these accused which missed had hit any wall or shutter of..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34, Railways Act, 1989, Section 145 -- Murder - Transfer of investigation to CBI - Deceased stabbed to death in train after argument over seat - Complainant not able to show that there are serious flaws in investigation which lead to the conclusion that same is shoddy or tainted - Moreover, there is nothing on..........
Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
