Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34 -- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Parties compounding offence during pendency of appeal against conviction u/s 324 IPC - Compounding of offence allowed - Conviction set aside...........
Constitution of India, 1950, Article 324, Representation of the Peoples Act, 1951, Section 29A, Conduct of Elections Rules, 1961, Rule 5, 10 -- Right of party to use symbol - Reserved symbol is available only for recognized parties - Thus, there is a bond created between recognized political party and its symbol - Party which remains only in the records can never be..........
Constitution of India, 1950, Article 324, Representation of the Peoples Act, 1951, Section 29A, Conduct of Elections Rules, 1961, Rule 5, 10 -- Election petition - Maintainability - Question whether Election Commission should freeze symbol and symbol should not be given as a free symbol is not the prayer in the Writ Petition nor was it even argued before the High Court -..........
Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4(1) -- Conviction u/s 324 IPC - Accused sentenced to 2 years RI - Protracted trial for more than 14 years - Accused released on probation subject to payment of compensation of Rs.10, 000/- to the complainant...........
Indian Penal Code, 1860, Section 325, 324, 323, Probation of Offenders Act, 1958, Section 3, 4 -- Occurrence relates to the year 1994 - No useful purpose would be served by sending them in custody after such a long period - They have faced a protracted trial of 14 years - Accused released on probation...........
Indian Penal Code, 1860, Section 376, 324, 452 -- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence awarded by trial Court..........
Indian Penal Code, 1860, Section 324, 34 -- Assault - Causing hurt by axe and sticks - Testimony of injured witnesses - Reliability of - Testimonies of injured witnesses PWs 2, 4 and 5 inspires confidence despite the fact that they are interested witnesses - Held, Additional Sessions Judge has rightly relied upon testimonies of interested witnesses as testimonies of these..........
Indian Penal Code, 1860, Section 323, 324 -- Conviction of appellant No.1 u/s 324 and conviction of appellant Nos.2 & 3 u/s 323 IPC - Considering facts and circumstances of the case sentence of appellant No.1 reduced from 3 years RI to 1-1/2 years RI and sentence of appellant No.2 to period already undergone (almost 7 months)...........
Indian Penal Code, 1860, Section 324, 307, 34 -- Offence u/s 324 and 307 read with S.34 IPC - Graphic detail of incident given by injured witnesses 1 to 5 - Witnesses had no animosity against the appellants - Their testimony corroborated by medical evidence - Negligible variation as to time of occurrence - Delay in lodging FIR explained - FIR in consonance with fardbeyan -..........
