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..........
Indian Penal Code, 1860, Section 302, 326, 325, 324, 148, 323, 149, 96, 100 -- Right of private defence - Accused in possession of land - Complainant party came to take forcible possession of land - Accused inflicted gandasi and gandhali injuries on vital parts of persons of complainant party as a result of which one person of the complainant party died - Nature and..........
Indian Penal Code, 1860, Section 302, 324, 449, 148, 149 -- Unruly mob of Muslims attacking house of deceased - Membership of three appellants of such mob not proved beyond reasonable doubt - Evidence of PWs 4, 5 and 7 not trustworthy - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 34, 304II, 323, 324 -- A1 hitting with bottle on head - It did not cause even a visible injury - A2 throwing a burning kerosene lamp from a distance - Acts done cannot be said to be in furtherance of common intention to cause death - Accused can be held guilty for the individual overt acts - Throwing of burning kerosene lamp gives rise..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Sudden fight - Contention of - There was neither mutual provocation nor aggravation nor was it a case of fight for which both the parties are more or less to be blamed - Accused attacked the deceased on his vital organs causing grievous injuries and other persons with deadly weapons and taking undue..........
Indian Penal Code, 1860, Section 324 -- Weapon of offence - Assault with knife - Plea that weapon used was not a dangerous weapon not taken in Courts below and the same cannot be allowed to be taken for the first time in Supreme Court...........
Indian Penal Code, 1860, Section 324 -- Expression 'an instrument, which used as a weapon of offence, is likely to cause death' - To be construed with reference to the nature of the instrument and not the manner of its use - Prosecution has to establish that accused voluntarily caused hurt and that such hurt was caused by means of an instrument referred to in the..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Conviction - Appeal against - Plea of self defence - One on each side of complainant and accused died - Prosecution not offered any explanation as to how deceased a member of accused party received fatal and other grievous injuries - It is probable that there was free fight between both parties - When there is..........
Indian Penal Code, 1860, Section 302, 302, 324, 34 -- Conviction - High Court took view of self defence but convicted second appellant u/s 302 IPC for his individual act of fatally attacking deceased son and convicted other appellant u/s 304 Part I IPC - High Court's finding of self defence not a reasonable possible view - Incident took place in public street - Injuries on..........
