Indian Penal Code, 1860, Section 324 -- Voluntarily causing hurt - Injuries on the persons of accused - Non-explanation - Effect of - Held, ordinarily no, explanation of injuries on the person of accused itself would not be sufficient to discard whole prosecution case as well as eye witnesses' account - But in instant case having regard to the number and nature of..........
Indian Penal Code, 1860, Section 324, 302, 34 -- Non explanation of injuries on the person of accused - Prosecution case is not affected when injuries are minor and superficial or when evidence is so clear and cogent, so consistent and creditworthy that it outweighs the effect of omission on the part of prosecution to explain the injuries - Held, that prosecution is not..........
Indian Penal Code, 1860, Section 302, 149, 148, 448, 324 -- Conviction - In an appeal filed by some of accused conviction altered to one u/s 304 Part I read with S.149 - Facts of that appeal are applicable to the present appeal filed by another accused - Accordingly conviction altered to one u/s 304 Part I read with S.149 IPC as was done in the other appeal...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Right of self defence - Injuries suffered by accused which were not superficial not explained - Accused also lodged a FIR wherein they explained the injuries suffered by prosecution witnesses and had stated that they assaulted PW's in their self defence - Held, that PW's deliberately with oblique motive suppressed..........
Indian Penal Code, 1860, Section 34, 324 Part I, 324 -- Common intention - 19 injuries inflicted - Some on vital parts of body and some only on hands and legs - Nothing to show that appellant inflicted any injury on a vital part of the body of deceased - S.34 IPC is not attracted - Convicted altered from S.304 Part I r/w S.34 IPC to S.324 IPC...........
Indian Penal Code, 1860, Section 34, 324 -- Common intention - 19 injuries inflicted - Some on vital parts of body and some only on hands and legs - Nothing to show that appellant inflicted any injury on a vital part of the body of deceased - S.34 IPC is not attracted - Convicted altered from S.304 Part I r/w S.34 IPC to S.324 IPC...........
Criminal Procedure Code, 1973, Section 439, 48, Indian Penal Code, 1860, Section 324, 352, 506 -- Bail - Granted in an offence us 324, 352 & 506 IPC - Death of victim - Offence converted to S.304 IPC - Accused has to apply for fresh bail - High Court passing an order u/s 482 Cr.P.C. directing accused to continue to remain on bail - Order set aside - High Court cannot..........
Indian Penal Code, 1860, Section 143, 147, 148, 341, 324, 342, 504, 302, 149 -- Acquittal by trial Court - Conviction by High Court - Land dispute - Accused chased PW25 brother of accused No.1 and 2 and assaulted him - Prosecution case that they assaulted deceased, a lady, causing bleeding injuries with sticks - Deceased was tied around her neck with her own saree - Large..........
Indian Penal Code, 1860, Section 307, 324, 326, 394, 447 -- Reduction in sentence - Offence committed in consequence of damage caused by cattle of victim in field of accused - Sentence of life imprisonment reduced to 10 years and a sum of Rs.50,000/- out of fine of Rs.55,000/- be paid to victim - Sentence under other provisions maintained...........
Indian Penal Code, 1860, Section 307, 324 -- Gun shot injury - Doctor declared injury dangerous to life - Non examination of doctor - Reasons declaring injury dangerous to life not given - Held, in absence of examination of doctor, accused cannot be held guilty of offence u/s 307 IPC - Conviction altered to be one u/s 324 IPC...........
