Indian Penal Code, 1860, Section 302, 148, 149, 201, 324 -- Conviction of six appellants, members of a family - They along with two unknown persons armed with guns and appellants armed with weapons came to house/Gher of deceased and assaulted him by gun shots - PW1 wife of deceased, tried to intervene, was fired upon and injured - PW2 informant, was also the eyewitness and..........
Indian Penal Code, 1860, Section 302, 324 -- Kulhari blow - Death - Injuries also caused to PW4, daughter-in-law of deceased who intervened - PW1 grand daughter of deceased another eye witness - Presence of PW1 neither doubtful nor that she was falsely implicating accused - Accused and deceased both related to PWs1 and 4 - No ground to disbelieve their evidence on ground..........
Indian Penal Code, 1860, Section 302, 302, 326, 149, 148, 324 -- Medical evidence disclosing that though the deceased had suffered serious injuries, none of them by itself was sufficient to cause death in the ordinary course - Death was the result of the cumulative effect of all the injuries - Accused A-1 and A-2 armed with axes caused injuries to the deceased only from..........
Indian Penal Code, 1860, Section 324, 323, 248, 249, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 324, 323, 148 & 149 IPC - Dispute settled and an attempt made by parties to live in peace - FIR and subsequent proceeding quashed...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Appellants coming armed with deadly weapons to the field where the deceased and his brothers were harvesting the crop and assaulted deceased who died and his brothers sustained injuries - Injuries caused asserted to be in protecting possession of property - Appellants had obtained injunction but finding of facts by Courts..........
Indian Penal Code, 1860, Section 307, 324 -- Accused firing gun shot at victim who was sleeping from a very close range - Bullet broke into pieces and pieces struck the accused - Whether accused liable under Section 324 or 307 - To attract section 307 it is not essential that bodily injury actually caused should be sufficient under ordinary circumstances to cause death -..........
Indian Penal Code, 1860, Section 324, 452, Criminal Procedure Code, 1973, Section 357 -- Reduction in sentence - Conviction u/ss 324 and 452 IPC - Incident 16 years old - Sentence reduced to already undergone (38 days) - Sentence of fine of Rs.50/- enhanced to Rs.4,000/- to paid to victim...........
Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Appeal against acquittal - Conviction by High Court - Fight between two factions - Trial Court disbelieving prosecution case and acquitted all accused holding evidence of eye witnesses being full of contradictions - Discrepancies and accompanying contradictions are not of such nature as would make..........
Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Recovery of 12 bore gun found to have a defective firing pin - Barrel of gun showing signs of discharge - This fact not brought out in course of arguments - Prosecution not relying upon this piece of evidence - Fact that gun was not properly recovered would not make prosecution case weaker...........
Indian Penal Code, 1860, Section 302, 324 -- Acquittal by trial Court - Conviction by High Court - Trial Court rejected evidence of PWs 1, 3 and 7 for valid reasons - Evidence of PW1 was contrary to medical evidence and High Court wrongly came to conclusion that medical evidence supported oral evidence of PW 1 - PW 1 was injured witness and he admitted that due to poor eye..........
