Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 307, 323, 324 -- Nature of offence - Injuries on PW1 and PW2 have been found to be simple in nature - There is no allegation of repeated or severe blows having been inflicted - Offence u/ss 323, 324 IPC can only be made out - Conviction of accused modified from S.307 IPC to Ss.323 and 324 IPC and sentence imposed is also reduced to period..........
Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Settlement arrived at between parties post conviction of accused - Offence alleged and brought out will not constitute any heinous crime or a menace to society - It is permissible to nullify the conviction even at the post conviction stage after exhausting the appellate remedy - Conviction and..........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Contradictions and discrepancies in the evidence of injured and eye witnesses - None of independent witnesses have supported the case of prosecution - PWs and accused are not in good terms - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Non-examination of material witnesses - PW1/child witness was hiding in his house at the time of incident and after the incident he disclosed the same to milkman - Prosecution has not explained why milkman was not examined as a witness - He was very important witness who was first person to whom PW1 disclosed..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Circumstantial evidence - Prosecution stated that there were foot marks of shoes/footwear of accused near the house where incident took place - Prosecution took the moulds of foot marks as deposed by PW6 - Footwear/shoes of both the accused were taken into custody in the presence of PW6 - But the shoes of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
