Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Percentage of disability - Injured was an agriculturist - However, on account of disability his functioning would have been certainly affected and reduced in doing work relating to agriculture - In the case where disability of both lower and upper limb, High Court without any reason or ground reduced the percentage of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% functional disability - Total compensation - Taking into account the income of injured @ Rs.9,000 pm on the date of accident, multiplier of 13, future prospects to the extent of 25, disability 40%, adding Rs.50,000 towards pain and sufferings, Rs.75000 towards loss of amenities in future happiness and medical expenses..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Seven empty cartridges were recovered lying at different places on the spot and were taken into possession - Doctor who had examined the injuries of PW2 stated that he had suffered four injury wounds, two each on the right and left thighs - Injuries were grievous in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Accused fired from his service weapon AK-47 and since he was a constable in army, he was well aware that gunshot from such a weapon, if hits anyone will certainly result in causing death - There is no denial of fact that injured had sustained four injuries, two each on..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - PW2 and PW4 were declared hostile and have not seen the occurrence - There is no eye witnesses to occurrence - Contradictions in the depositions made by PWs in regard to place of occurrence and manner of occurrence as to how much blows of lathi was given to injured persons - There are discrepancies regarding..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
