Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-1 alone had previous enmity with deceased and other accused appeared to have joined A-1 only to help him - Considering weapons used namely sticks and nature of injuries, High Court rightly thought it fit to modify the sentence of other accused including A-1 from S.302 IPC to S.304(Part II) IPC...........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - No inference can be drawn from the allegation in FIR and statements of witnesses, that injuries on person of complainant were caused by accused `N' in furtherance of common intention of all the three - Merely because accused `L' was accompanying with other accused at the time of occurrence, he..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Role of accused `N' in causing injures to complainant and allegation in FIR corroborated by testimony of complainant, eye witnesses and medical evidence - No reason to discard testimony of complainant and his son, which is supported by medical evidence, merely because no independent witness..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Role of accused `N' - Merely because blood was not picked up from the spot by I.O and weapon of offence was not produced in Court, is no reason to discard statements of PWs particularly when doctor gave specific opinion that injuries on person of complainant could be caused by kassia blow...........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Accused `N' was 21 years of age at the time of incident - He faced agony of trial for last 11 years - Accused `N' is not a previous convict - Moreover, accused `N' already undergone about 10 months of imprisonment - Sentence of accused `N' thus reduced from 3 years R.I to 1 year R.I. u/s 326..........
Constitution of India, 1950, Article 14, 15, Indian Penal Code, 1860, Section 377 -- Constitutional validity of S.377 IPC - Criminalization of consensual sexual intercourse between same-sex adults in private u/s.377 IPC - Sexual expression and intimacy of a consensual nature, between adults in private, cannot be treated as `carnal intercourse against the order of nature' -..........
Indian Penal Code, 1860, Section 377 -- Interpretation of Statutes - Expression `against the order of nature' - Interpretation of - includes all sexual acts which are not intended for the purpose of procreation. (Para253 (xii)..........
Constitution of India, 1950, Article 21, Indian Penal Code, 1860, Section 377 -- Unnatural offences - S.377 IPC violates the rights to life, dignity, and autonomy of personal choice u/art.21 of Constitution...........
Indian Penal Code, 1860, Section 326 -- Stick - In the absence of material to show that stick wielded was a dangerous weapon, accused cannot be convicted u/s 326 IPC...........
Indian Penal Code, 1860, Section 402 -- For an offence u/s 402 IPC, it has to be proved that accused assembled at the place with the intention and for the purpose of committing dacoity...........
