Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - Injuries inflicted on injured simple in nature and none of injuries opined to be dangerous to life - In such circumstances, intention of accused to cause injuries in an attempt to murder injured cannot be gathered - As regarding injuries inflicted upon other injured, same are also simple in nature -..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 302, 324 -- Transfer of investigation to CBI - Double murder case - Police could not solve case, for more than 2 years and 5 months, despite their best efforts - It seems that police has not made serious efforts to trace out the assailants/murderers -..........
Indian Penal Code, 1860, Section 382, 324, 411 -- Snatching - Petitioner pleaded that gold chain, which was snatched, has not been recovered from him and it has been recovered from co-accused - One of accused remained on motorcycle and other accused went to complainant and asked for Saini Mohalla and then after giving threat, snatched gold chain worn - Recovery of..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Offence u/ss 307, 326, 324, 34 - Appreciation of evidence - Evidence on record shows that weapon used for committing offence not recovered or seized - As per evidence of PW2 (Doctor), no injury found to be more deep then soft tissue level - Moreover, evidence reveals that all injuries are simple in nature and no surgeon..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325 -- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
