Indian Penal Code, 1860, Section 323, 324, 452, 504, 506, 34 -- Private complaint - Offence u/ss 323, 324, 506, 34 IPC - Quashing of complaint - Investigation report u/s 202 Cr.P.C. shows that presence of accused and witnesses of complainant was not proved - Even the place of occurrence was found to be shop of accused and not the house of complainant - Preliminary evidence..........
Indian Penal Code, 1860, Section 323, 324, Probation of Offenders Act, 1958, Section 4, 12 -- Offence u/s 323, 324 IPC - Benefit of probation - Appellants are facing trial since last 25 years and at the time of incident they were very young - They are not habitual offenders and are not previously convicted - Benefit of probation given to appellants - Appellants released -..........
Indian Penal Code, 1860, Section 294, 324, 326, 506 -- Part-II - Reduction of sentence - Offence u/ss 294, 324, 326, 506 Part-II IPC - Admittedly, incident occurred in night in a Naxalite area - It is also evident from record that it is a case of sudden quarrel and heated exchange of words between injured and accused - Conviction upheld - Accused spent more than one year..........
Indian Penal Code, 1860, Section 324 -- Voluntarily causing hurt by dangerous weapon - One of the essential requirements of offence u/s 324 IPC is that assailant has to cause bodily pain, disease or infirmity to victim by means of an instrument for shooting, stabbing or cutting or by instrument used as a weapon is likely to cause death or by means of fire etc...........
Criminal Procedure Code, 1973, Section 320, 324, 326 -- Offence u/ss 324, 326 IPC - Compromise - Non-compoundable offence - Offence though cannot be compounded but compromise can be taken into account for reducing the sentence - Taking into account the compromise between parties particularly when they are close relatives, sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 323, 324, 307, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), 3(1)(10) -- Voluntarily causing hurt - Attempt to murder - PWs not supported case of prosecution - Injuries found upon body of injured not proved - In the absence of independent corroborative evidence it cannot be said that..........
Indian Penal Code, 1860, Section 308, 324, 452, 323, 34 -- Reduction of sentence - Offence u/ss 308, 452, 323 IPC - High Court showed leniency by altering conviction u/s 308 IPC to S.324 IPC - It also reduced sentence of three years to six months for S.324 IPC and further reduced sentence of six months each u/s 323 IPC and three years each u/s 452 IPC to R.I. for a period..........
Indian Penal Code, 1860, Section 307, 324, 326, 382, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 324, 326, 382, 147, 148, 149 IPC - Quashing of proceedings - Compromise arrived at between parties - Dispute amicably settled - Majority of eye witnesses turned hostile - There is very little possibility of petitioners being convicted for..........
Indian Penal Code, 1860, Section 148, 323, 324, 325 - - Causing grievous injuries with dangerous weapons - Dispute over possession of land - Complainant side has received 12 injuries, Out of which 10 injuries are simple and two injuries are with blunt weapon - Accused side suffered 39 injuries including fractures and fire arm injuries - No person from accused side was..........
Indian Penal Code, 1860, Section 326, 452, 324, 323, 34 -- Grievous hurt with dangerous weapons - Quantum of sentence - Petitioner are neither previous convicts, nor involved in any other case - Petitioner are facing protracted criminal trial for last more than 13 years - Five injured were received by injured out of which only one injury was declared grievous in nature..........
