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..........
Indian Penal Code, 1860, Section 307, 324 -- Knife injury - Size of injury 3cm x 1cm x 3cm caused on the back side of chest - Injury caused a simple injury - There was no intention to kill - Conviction u/s 307 IPC set aside and conviction under other offences maintained and upheld...........
Indian Penal Code, 1860, Section 302, 324, 342, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Conviction u/ss 302, 324, 342 IPC by trial Court, upheld by High Court - Appeal against - FIR was promptly lodged - Injuries on the accused were simple in nature - Evidence of PW's clear, cogent and credible - Where injuries sustained by accused are minor and superficial..........
Indian Penal Code, 1860, Section 302, 450, 324, 148, 149 -- Non reasoned judgment based on surmises and conjectures - Impugned judgment set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Compounding of offence - Conviction u/ss 324 & 326 IPC - Order affirmed by appellate Court - Compromise during pendency of revision - Compromise between two warring groups, should be encouraged unless such compromise is abhorrent to lawful composition of the society or would promote..........
Indian Penal Code, 1860, Section 324, 307, 304(Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Indian Penal Code, 1860, Section 324, 307, 304 (Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 34 -- r,w - Reduction of sentence - Two years R.I. - Revisio, petitioners have already been facing criminal proceedings for last more than 17 years - Revisio, petitioners are aged about 62, 67 and 52 years - All of them have already undergone more than three months sentence - Held, substantive sentence is reduced to a..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 307, 324 -- Juvenile - Bail - Denial of - Where prosecution has not shown that there is any likelihood to bring applicant into association with known criminals or exposed any moral, physical or psychological danger or their release would defeat the ends of justice -..........