Probation of Offenders Act, 1958, Section 3 -- Probation - Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Conviction u/s 504 IPC where maximum sentence provided is 2 years - There is no previous conviction of accused - It is thus, appropriate that accused be released instead of carrying out sentence after due admonition...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Merely because defence did not question police witness on the issue whether FIR was ante-timed or not, it would not absolve prosecution of responsibility to prove its case beyond reasonable doubt...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Factum of dacoity in village on fateful night is not disputed - However, case of prosecution is completely silent as to what accused did at the time of dacoity - Villagers after the dacoity collected at one place, there was thus, independent witnesses also who were affected by dacoity but prosecution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused was simple or minor will not itself rule out application of S.307 IPC - Determinative question is intention or knowledge as the case may be and not nature of injuries...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Single blow injury was caused on vital part of body though it was caused on the back but it reached to chest - Nature of injury was grievous and it was sufficient to cause death in ordinary course of nature, as it was caused by sharp cutting weapon - Accused rightly convicted u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of injured witness - Injured identified the accused, as mentioned in FIR that he is middle son-in-law of his uncle - FIR promptly lodged and proved by PW1 and maker of FIR - Evidence of injured witness is corroborated by medical evidence - Big knife was used and incident was pre-planned by accused -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Single blow injury caused to injured - Accused did not attempt further to hurt injured - Taking into consideration of said fact, sentence of 5 years R.I as awarded to accused is on higher side - Sentence reduced to 4 years...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, there is no bar to proceed against a deaf and dumb accused on a charge of a criminal offence - If the court finds that he understands the proceedings, the trial must proceed in the ordinary way - In written statement no where stated that he could not understand the evidence led against him during the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, though the FIR may be a bit delayed it does not, by itself, give rise to an adverse inference against the truth of the prosecution case - The oral deposition in respect of use of torch is not liable to be discarded merely because the I.O. did not question the witnesses with respect to the source of light -..........
