Indian Penal Code, 1860, Section 324, 326, 34 -- Voluntarily causing grievous hurt - Common intention - Specific over act attributed against A1 and A2 - It is spontaneous reaction that A1 and A2 independently in course of argument attacked injured `M' and others - Except contradictory version of PW1 and PW3, there is no material to show that A3 shared intention to cause..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To determine whether accused being a member of unlawful assembly, is liable for a given offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly and alternatively whether members of the assembly knew that offence was likely to be committed in prosecution of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased and accused purchased liquor and after consuming the same, heated altercation took place between them and in the heat of passion accused assaulted deceased by fist and kicks and in the incident deceased sustained injuries on vital organs - Accused had no intention to cause death or inflict..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Discharge - Accused discharged merely on the basis of two medical reports, as faults and inconsistencies found therein - Stage to appreciate evidence with a view to find fault or/and inconsistencies in two medical reports would arise only when prosecution leads evidence by examining doctors in support of medical..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder - PW1 telephonically informed about incident to police on the day of incident - Police registered complaint next day in the morning after inquest panchnama - Prosecution not examined Police constable as a witness - Police may have reached the hospital, as..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Deceased had given oral dying declaration in ambulance van on the way he was taken to hospital - Presence of solitary eye witness/PW9 to the occurrence is proved - Dying declaration of deceased corroborated by PW9 - PW8 and PW9 also supported prosecution case - Dying..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Age of prosecutrix - Investigating agency was not sure about authenticity of school register, therefore ossification test of prosecutrix was carried to determine her age - Age of prosecutrix as per medical examination determined between 16 to 18 years - Margin of 2 years is to be extended to report of ossification..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix eloped with accused and to overcome the same it was alleged that she was enticed away by accused from house of her i, laws - She travelled with accused on motorcycle - Explanation given by prosecutrix that she became unconscious is improbable and unconvincing - Prosecutrix stayed with accused for more..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 53 -- Punishment - Award of sentence - Mitigating factor - Post conviction severe mental illness - Directions issued that: (i) assessment of such disability should be conducted by a multidisciplinary team of qualified professional (Experienced medical practitioners, criminologists etc.), including professional with expertise in accused's..........
