Penal Code, 1860, Section 325,34,326,34 -- Appeal against acquittal - Appreciation of evidence - Four accused charged for offence punishable u/s 302/34 IPC - Trial Court found the accused guilty of offences punishable u/ss 325/34 and 326/34 IPC - High Court discarded the testimony of eye-witness as also the dying declaration and acquitted all the accused altogether -..........
Penal Code, 1860, Section 307,326,325,323 -- r/w 34 - Appreciation of evidence - Injury No.3 declared grievous as there was a fracture on 5th, 6th, 7th ribs as per X-ray reports - Injury No.2 declared dangerous to life but no reasons were given - On 17.9.1986, with regard to injury No.2, it was opined by the doctor that there was internal injury to brain, therefore, he..........
Indian Penal Code, 1860, Section 326, 324 -- Charge u/s 326 IPC - Doctor declared the injury grievous by visual observation without x-ray - Offence rightly converted from S.326 to S.324 IPC...........
Indian Penal Code, 1860, Section 120B, 436, 302, 307, 326, Explosive Substances Act, 1908, Section 3, 5 -- Bomb explosion - People trapped in falling buildings and dying - Accused found guilty by Designated Court - Appeal against to Supreme Court - Plea regarding non acceptability of evidence of PW40, PW67 and PW68 - Not suffering from any infirmity - Non examination of..........
Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Acquittal - Appeal against - Appreciation of evidence - Testimony of injured witness on record - The trial Court did not believe the prosecution case by observing that there was no independent witness to the occurrence - Statement of PW7 available on record who reached the scene of occurrence immediately thereafter and..........
Indian Penal Code, 1860, Section 307, 326 -- Acquittal - Appeal against - Delay in FIR - There were four injured witnesses, some of them with serious injuries on their person, the delay in lodging of the FIR pales into insignificance - Relations between the parties were strained which clearly spells out the motive - The injuries found on the person of the injured witnesses..........
Criminal Procedure Code, 1973, Section S20, Indian Penal Code, 1860, Section 323, 324, 326 -- Compromise - Acquittal of accused u/s 323 and 324 IPC but matter kept pending for offence u/s 326 - No use of proceeding with trial when complainant does not want to pursue the matter - Trial Court directed to permit parties to compound the offence and close the proceedings...........
Criminal Procedure Code, 1973, Section 428, Indian Penal Code, 1860, Section 326, and 304 Part II -- Offence u/s 326 - Imprisonment for three years - Appellate Court convicted accused u/s 304 Part II warranting heavier sentence of imprisonment for a longer period - Accused in prison for over seven years till disposal of State's appeal - Held, sentence restricted to period..........
Indian Penal Code, 1860, Section 300, 304 Part II and, 326, Evidence Act, 1872, Section 45 -- Murder - Stab injuries - Failure of doctor who conducted post mortem to certify that injuries are sufficient in ordinary course of nature to cause death - Conviction u/s 326 - Held, omission of doctor to give such certificate cannot be a ground for not forming its own opinion on..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 326 -- Compounding of offence - Held, offence u/s.326 IPC is not compoundable - Application for compounding of offence liable to be rejected - However, in view of facts that occurrence took place about twenty years back on trivial issue and parties who are close relatives are now living amicably,..........
