Indian Penal Code, 1860, Section 302, 34, 324, Arms Act, Section 27 -- Common intention to commit murder and cause hurt - Reappreciation of evidence by High Court - Acceptance of testimony of eye witnesses notwithstanding contradictory statement before police and Court - Held, proper in view of explanation given by eye-witnesses - Non examination of other injured eye..........
Indian Penal Code, 1860, Section 148, 324, 325, 302, 149 -- Eye witnesses - Neither gave correct account regarding how the incident started nor explained satisfactorily injuries caused to appellant Nos.4 and 5 - Plea of self defence found probable - False implication of appellant No.4 found probable as no sharp edged weapon injury found on person of deceased - Held, all..........
Indian Penal Code, 1860, Section 323, 324, 325, 34 -- Revision petition against conviction - No discrepancy or contradiction in the ocular evidence and medical evidence produced by the prosecution - Both the Courts below have found the evidence adduced by the prosecution credible and reliable - Finding no merit in the revision the same dismissed...........
Indian Penal Code, 1860, Section 304(Part II), 324, 323, 24 -- Appeal against conviction - Criminal law - Appreciation of evidence - No independent witnesses from the locality has been examined - The Court has been left only to assess the statement of the interested witnesses, though injured witnesses - Witnesses of the prosecution held concealing the material facts - They..........
Indian Penal Code, 1860, Section 148, 302, 302, 34, 326, 324 -- Rioting, murder and other cognate offences - Six persons charged for these offences - Sessions Judge convicted all for various offences - In appeal High Court acquitted A3 to A6 and altered the conviction of A1 and A2 - Appeals by A1 and A2 and by prosecution for acquittal - Supreme Court finding each of the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 326 -- Quashing of FIR - Compounding of offence - The offence punishable under section 326 IPC is not compoundable even with the permission of the Court as provided under section 320 of the Code - Keeping in view the facts and circumstances of the case and the comprise effected between the..........
Indian Penal Code, 1860, Section 449, 324, 326, 149, 304 -- Part I - Appeal against conviction - Death on spot due to several injuries - A-1 and deceased being brothers were having some family disputes - P.W.1 and P.W.2, the sister and mother of A-1 stated that A-1 to A-5 trespassed into the room at 2 a.m. with deadly weapons where deceased was sleeping with his wife P.W.3..........
Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
Indian Penal Code, 1860, Section 324, 304 -- Part I - Murder of father of PW3 and injuring PW2 - PW2 and PW3 eye witnesses to the occurrence - Independent witnesses not available - Defence version with regard to the manner in which injury could have been caused on deceased is wholly unsustainable - Assault given by accused cannot be said to be one in exercise of private..........
Indian Penal Code, 1860, Section 324, 304 -- Part I - Homicidal death - Accused gave stabbing blow on abdomen of deceased - He even tried to give a second blow which missed - Medical evidence that injuries were sufficient in ordinary course of nature to cause death in ordinary circumstances - Held, death was caused by acts of accused with intention to cause such bodily..........
