Indian Penal Code, 1860, Section 396, 324, 34 -- Dacoity with murder - Dark night - When offence is committing by a stranger in a dark night the whole case depends upon the identification of accused - Identifying features of the culprits must be mentioned in the first information report and in the statement given before the police - Identity mentioned in FIR that two..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 324, 323, 34 -- Acquittal - Revision against - In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted...........
Indian Penal Code, 1860, Section 324, 325, 447 -- Probation of Offenders Act, 1958, S.4 - Probation - Benefit of - Case pending for 23 years - Accused having no criminal background - Looking at nature of offence and character of offenders accused given benefit of probation...........
Indian Penal Code, 1860, Section 323, 324, 387, 452, 506 -- Quashing of complaint - Petitioner who are permanent resident of Bihar specifically alleging that the alleged occurrence is totally a concoction as they never came to Yamunanagar - Complainant, a proclaimed offender, earlier also filed similar complaints which were quashed by High Court - Complainant in order to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 506, 324, 323, 149, Arms Act, 1959, Section 25, 27 -- Permission to visit abroad to attend celebrations of Parkash Divas of Shri Guru Granth Sahib Ji - Petitioner facing trial for the last six years and regularly attending Court after grant of regular bail - Petitioner allowed to visit abroad..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 34 -- Criminal Procedure Code, 1973, Section 357 - Sentence - Reduction in sentence -Compensation - Conviction u/S.326, 325, 324, 323 r/w 34 IPC maintained -Incident 22 years old - Appellants remained in custody for some time after their appeal dismissed - Sentence of two years Rl reduced to already undergone if fine of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 307, 323, 324 -- Private defence -At 8.30 P.M. at night when it is dark and there is tension between neighbours opposite party attacking appellant's house and started throwing bricks and stones, causing damage to window panes - It caused apprehension in the mind of accused-appellant that he and his family..........
Indian Penal Code, 1860, Section 324 -- Fire arm injury from considerable distance - Victim suffered fire-arm injury on fore-head - Injury simple in nature - Intention to kill cannot be imputed - Accused held guilty for offence u/s 324 IPC - Since accused in jail for about six months and incident was 14 years old, sentence awarded for period already undergone...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 326, 325, 324 -- Suspension of sentence during pendency of revision - Conviction u/s 326, 324 and 323 IPC - Fine amount already deposited and accused in jail for 4 months and 12 days - Sentence suspended during pendency of revision...........
Indian Penal Code, 1860, Section 307, 324, Arms Act, 1959, Section 27 -- Injuries received on fingers and thigh - Injuries of simple nature - Merely because gun was used, that by itself is not sufficient to bring the offence u/s 307 IPC - Conviction and sentence altered from 307 IPC to Section 324 IPC and conviction under S.27 Arms Act upheld - Sentence reduced to already..........
