Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Indian Penal Code, 1860, Section 147, 148, 149, 447 -- Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 147, 99 -- Unlawful assembly - Right of private defence - No injury was caused by complainant party on body of accused - Accused during course of scuffle brought fire arm on scene of occurrence and used it - Act of accused is beyond scope of S.99 IPC - Plea of self defence taken by accused not justified - Accused convicted u/s 147 IPC...........
Indian Penal Code, 1860, Section 325, 147 -- Offence u/ss 325, 147 IPC - Quantum of offence - Incident occurred almost 18 years ago - Both parties closely related to each other - Though parties entered into compromise, but offence u/s 147 IPC is no, compoundable - Thus, it is appropriate to reduce sentence of accused to period already undergone...........
Indian Penal Code, 1860, Section 302, 326, 143, 147, 148, 149 -- Murder - Eye witnesses to incident stated that injuries sustained by sharp cutting object which is further corroborated by PW10 - Testimony of eye witnesses fully corroborated with each other with regard to involvement of accused - Medical evidence supported ocular evidence of eye witnesses - Presence of eye..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of revision in High Court - Appellant has wasted public time - Exemplary costs of Rupees one lakh imposed...........
Indian Penal Code, 1860, Section 325, 147, 148, 149, Evidence Act, 1872, Section 3 -- Offence u/ss 325, 147, 148, 149 IPC - Interested/relative witnesses - Evidence of PWs are consistent with respect to manner of occurrence, part played by accused and place of occurrence, which was duly corroborated by medical evidence - Severe injuries sustained by informant on his nose..........
Motor Vehicles Act, 1988, Section 146, 147, 157 -- Transfer of ownership - Liability of Insurer to pay compensation to third party - Even if vehicle stand transferred to the name of another person, the liability of insurer to pay compensation to third party shall not cease...........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Indian Penal Code, 1860, Section 395, 147 -- Dacoity - Allegation that accused took away herd of sheeps and goats of complainant - However, no evidence on record that accused took away said herd with dishonest intention or committed the offence of theft - Offence u/ss 395, 147 IPC not proved - Accused acquitted...........
