Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 - Quantum of sentence - Accused had already undergone custody period of 20 months approximately - He was first offender, who faced trial and appeal for 12 to 13 years - Sentence of accused therefore, reduced to period already undergone...........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Identification of accused - Accused persons identified in Court for the first time after a gap of more than 2 years from the date of incident - Incident occurred in the night, at a place with improper lighting - Accused persons not known to forest..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in number..........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Accused caused 13 injures to victim with a knife - All the injuries were simple in nature - Oral evidence of victim corroborated from medical evidence - Weapon of offence recovered from possession of accused - Conviction affirmed...........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Quantum of sentence - Incident occurred on a trifle matter i.e loan of Rs.1000 taken by husband of complainant from accused - Victim sustained 13 injuries - All injuries were simple in nature - Appellant faced agony of proceedings for more than 14 years - At present accused is 74 years old..........
Indian Penal Code, 1860, Section 323, 326, 324, 34 -- Conviction u/ss 323, 326, 324, 34 IPC - Reduction of sentence - Accused a first offender - Quarrel emanated on account of previous litigation pending between parties - Victim sustained grievous injury on his little finger of right hand - Accused already suffered incarceration of seven months and three days - Substantive..........
Indian Penal Code, 1860, Section 324, 452, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 324, 452, 34 IPC - Benefit of probation - Accused allegedly entered into house of injured and attacked him with country made pistol, as a result he sustained injuries on his hand - Evidence on record shows that injured were promptly treated by doctor and injuries..........
