Indian Penal Code, 1860, Section 147, 323, 506, 149 -- Rioting - Voluntary causing hurt - Proof - Victim deposed that all accused dragged him on metaled road but no injury was found on back of complainant as per medical evidence - Other injuries attributed to accused were simple in nature - Evidence of witnesses states that victim is of making false allegation against..........
Indian Penal Code, 1860, Section 147, 447, 332, Probation of Offenders Act, 1958, Section 4(1) -- Offence u/ss 147, 447 & 332 IPC - Benefit of probation - Petitioners were facing the judicial proceedings for the last 26 years - It is not proper to send them behind bars at this stage after 26 years - Petitioners ordered to be released on probation of good conduct...........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 448 -- Murder - Eye witness - Prosecution highly relied upon evidence of PW11 eye witness - Evidence of PW11 not believable in so far as it relates to actual occurrence as it is impossible for PW11 to have gone inside the shop and to have noticed who was assaulting deceased and with what weapon, when the place of..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Voluntary causing hurt and grievous hurt - Rioting - Appeal against acquittal - Leave to appeal - There are four injured and their medical reports were duly proved before Trial Court - Out of four injured..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Petitioner seeking direction restraining authorities arresting him - Active role has been attributed to petitioner and he is named in FIR - Alleged occurrence has taken place in presence of administrative and police officers - One police..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer as to transfer of case to C.B.I for investigation by accused - Investigation of Criminal case may not be conducted at the choice of accused but fair investigation is right of both complainant and accused - No proper reason to say that..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer for instituting a commission of Judicial Inquiry - It is a criminal case in which specific allegation has been made in FIR - There is no valid reason requiring judicial enquiry headed by Judge of High Court sitting or retired - Prayer..........
Indian Penal Code, 1860, Section 323, 147, 149, Probation of Offenders Act, 1958, Section 4, 6 -- Voluntarily causing hurt - Probation - Appellate Court failed to record reasons as to why probation was not granted to accused persons - Revisionist is poor man and aged about more than 60 years whereas other accused are above 50 years - There is no impediment to release..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Rioting - Test identification parade - Complainant did not know accused persons and had seen them only for glimpse of a moment - He identified them for the first time in Court after 6 years of incident - Such an identification is of no value and cannot be relied upon - Benefit of doubt accrues to..........
Indian Penal Code, 1860, Section 302, 147, 449, 149, 34 -- Murder - Eye witness - Wife of deceased stated that she saw in torch light accused persons armed with gandasa and sword entered into her house and cut the neck of deceased - Her presence in house at the night of incident is not doubtful as her clothes were found blood stained which matched with the blood of..........
