Indian Penal Code, 1860, Section 324, 34 -- Grievous hurt - All the four accused were convicted by trial judge - High Court, however, having regard to the fact that other accused had not been named in FIR and no test identification parade was held extended benefit of doubt in favour of three of them - Held, on same analogy, a judgment of acquittal can not be recorded in..........
Indian Penal Code, 1860, Section 307, 324 -- Injury inflicted on neck with an axe - Injury simple in nature - Offence is committed u/s 324 IPC and not u/s 307 IPC...........
Indian Penal Code, 1860, Section 324, Probation Of Offenders Act, 1958, Section 4 -- Offence u/s 324 IPC - Probation - Accused facing protracted criminal proceedings for the last more than 15 years - Accused did not commit any offence after conviction - Accused ordered to be released on probation...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Conviction u/s 324 IPC - Compounding of offence - Parties related to each other - Parties entering intro compromise in Supreme Court - Incident 25 years old - Compounding of offence allowed - Conviction set aside...........
Indian Penal Code, 1860, Section 323, 324, 326, 506 -- Reduction in sentence - Accused convicted and sentenced - Accused suffered protracted trial of 11 years - Accused ready and willing to compensate injured - Sentence reduced to 53 days already undergone - However, sentence of fine qua each accused enhanced from Rs.100/- to Rs.15, 000/-...........
Indian Penal Code, 1860, Section 324 -- Accused convicted and sentenced to undergo R.I. for one year - Accused 17 years old - Incident 14 years old - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 326, 324, 323, Probation of Offenders Act, 1958, Section 4 -- Conviction u/ss 326, 324 and 323 IPC - Release on probation - Conviction altered from S.326 to S.324 as injury on the person of victim was simple in nature - Accused released on probation on the ground that they faced protracted trial of 17 years and were not habitual offenders...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 326, 323, 148, 149 -- Pre arrest bail - Offence u/ss 324, 323, 148, 149 & 326 IPC - Injuries attributed to petitioners simple in nature - Accused to whom injury attributed as grievous in custody - Pre-arrest bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 323 -- Bail - Offence u/ss 307, 324 & 323 IPC - Bail refused in view of seriousness of offence and manner in which offence was committed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 324, 147, 504, 506 -- Police case - Complaint case by the other party - Happening of incident admitted - Prosecution launched by either cannot be said to be mala fide or vexatious - Both sides having their own version of the incident - Which version is correct can be seen and judged only when..........
