Indian Penal Code, 1860, Section 147, 148, 302, 149 -- Six accused found guilty of committing offence of culpable homicide not amounting to murder - Remaining accused though found present at the time of occurrence, but caused no injury - Held, they are liable for conviction u/s 146 and not u/ss 147, 148 and 302 read with 149 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 302 -- Bail - Offence u/ss 147, 302 IPC - No role assigned to applicant - Co-accused enlarged on bail - Points pertaining to the nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regrading proposed evidence and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 324, 147, 504, 506 -- Police case - Complaint case by the other party - Happening of incident admitted - Prosecution launched by either cannot be said to be mala fide or vexatious - Both sides having their own version of the incident - Which version is correct can be seen and judged only when..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Acquittal by High Court - Non mention in FIR that PW1 and PW4 witnessed the occurrence - Medical evidence not supporting the ocular version - Several unexplained circumstances making prosecuting case doubtful - Order of acquittal upheld...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 147, 148, 149, 307, 302 -- Bail during pendency of appeal - Role of two appellants distinct from rest of accused persons - These two appellants were armed with rifles but no injury of rifle was sustained by the deceased and the injured - Injuries were caused by other fire arms and sharp edged..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Conviction of eight accused by trial Court - Four acquitted by High Court - One accused filed appeal thereagainst - Testimony of eye witnesses was neither embellished nor embroidered - No reason as to why they will falsely depose against the appellant - Motive was there to commit murder of deceased as accused were..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Five convicted and one acquitted by trial Court - High Court dismissed appeal - Testimony of eye witnesses reliable and there is nothing infirm in the conclusions of trial Court - High Court placing reliance on their evidence - One of deceased received 30 injuries which is consistent with prosecution case that accused..........
Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34 -- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........
Indian Penal Code, 1860, Section 302, 149, 143, 144, 147, 148, 506 -- Benefit of doubt - Presence of appellant not established - Only role attributed to appellant is that he caught hold of the deceased while facilitating the assault by others - Positive stand of appellant that he was not in the village - Trial Court and High Court came to conclusions based on surmises that..........
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...........
