Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - Respondent has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - M.L.R. proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 302, 307, 34, 149 -- Offence u/ss 302, 307, 34, 149 IPC - No charge u/s 302 IPC or u/s 307 IPC with aid of either S.34 IPC and S.149 IPC has been framed - Evidence on record is not sufficient to attribute any specific injury suffered by deceased to any particular accused - Accused rightly acquitted u/s 302 and 307 IPC...........
Indian Penal Code, 1860, Section 326, 149 -- Offence u/ss 326, 149 IPC - Participation of all accused in alleged assault on deceased proved on record by evidence of PWs, regardless of weapon that accused were carrying - All accused held, to be constructively liable with aid of S.149 IPC - Medical evidence shows that serious injuries were caused to deceased - Accused liable..........
Indian Penal Code, 1860, Section 326, 149 -- Offence u/ss 326, 149 IPC - Quantum of sentence - Ten accused assaulted deceased in the middle of night with dangerous weapons - Thus, each of accused sentenced to suffer R.I for period of 7 years and to pay fine of Rs.2000 each...........
Indian Penal Code, 1860, Section 325, 147, 148, 149, Evidence Act, 1872, Section 3 -- Offence u/ss 325, 147, 148, 149 IPC - Interested/relative witnesses - Evidence of PWs are consistent with respect to manner of occurrence, part played by accused and place of occurrence, which was duly corroborated by medical evidence - Severe injuries sustained by informant on his nose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
Motor Vehicles Act, 1988, Section 149, 166 -- Compensation - Insurance company could not point out any terms in policy agreement to show that once persons more than registered sitting capacity of vehicle are travelling in vehicle then insurance policy becomes void and insurance company is not liable to pay compensation - Therefore, at best, insurance company can plead qua..........
