Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Non-association of independent witnesses - Not fatal to prosecution case when PWs categorically stated that none came at the site of occurrence at the time of incident and saw the incident...........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their versions appear to be trustworthy..........
Indian Penal Code, 1860, Section 323, 325, Probation of Offenders Act, 1958, Section 4(b) -- Offence u/ss 323, 325 IPC - Benefit of probation - Approximately 10 years have passed after happening of incident and eight years after passing of judgment - Accused is a first offender and already suffered much agony during pendency of appeal - Benefit of probation thus extended..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty upon wife - Business partner of husband - Does not come within purview of S.498-A IPC - Proceedings against applicant quashed...........
Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
Indian Penal Code, 1860, Section 341, 325, 323, 427 -- Accused gave beatings to injured, due to which his one tooth was broken and other teeth got damaged - Medical evidence supported by ocular evidence - FIR was lodged immediately after incident - Testimonies of all PWs consistent - Plea of accused that injured sustained injuries due to accident is defeated on concept of..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Conviction - Sudden altercation between two parties - Accused `B' and `S' reached place of occurrence with deadly weapons - No evidence on record to prove that there was any other accused armed with deadly weapons - Mere recovery of lathis at instance of other accused, does not prove that they had common..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 323, 325, 341, 34 -- Additional accused - Summoning by way of warrant of arrest - Additional accused summoned after considering evidence produced by prosecution during trial and role attributed to the petitioner in the incident - A person accused of an offence of a heinous nature can be..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
