Indian Penal Code, 1860, Section 308, 447, 427, 341, 323, 325, 34 -- Attempt to commit culpable homicide - Injury report of injured though reveal grievous injuries, but none of them have been opined to be dangerous to life - However, medical report showing extraction of pellet from the lip of victim which has changed the dimension of case - Such medical evidence cannot be..........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Intention of accused to do away with life of PW1 not established - Recovery of knife at the instance of accused not established beyond reasonable doubt - Said knife not sent for examination for opinion of doctor - Doubt as to whether injury was caused with knife or with any other object - However, prosecution..........
Indian Penal Code, 1860, Section 307, 323, 325, 149, 148, 147, 143, 504, 506(2) -- Attempt to murder - Injuries sustained by complainant not serious - Injured has not given name of any other accused and he has changed his version time and again - There are contradiction in the weapons used in the scuffle as well as attempt of over implication of persons by complainant so..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 325, 326, 147, 148, 149 -- Anticipatory bail - Murder - Accused not named in two charge sheets filed - CBI is relying upon statements of five PWs, but statement of two witnesses belatedly recorded and other witnesses not named the accused - Anticipatory bail granted - However, accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Indian Penal Code, 1860, Section 323, 325, 149, 148 -- Offence u/ss 323, 325, 149, 148 IPC - Reduction of sentence - On parity basis - All the accused collectively caused injuries to PW1 to PW5 in furtherance of their common object - High Court has let off other five accused on sentence which already undergone to them - However, no reason given by High Court as to why same..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Indian Penal Code, 1860, Section 149, 325, 323, 148 -- Unlawful assembly - 17 out of 20 accused acquitted by trial Court - It was not the case of prosecution that there are other unnamed or unidentified persons other than one who are charge-sheeted and faced trial - Accused held, not liable to be convicted u/ss 323, 325 IPC with the aid of S.149 IPC...........
