Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502 -- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Regular bail - There is direct evidence about involvement of accused in crime as PWs in their statements u/s 161, 164 Cr.P.C. have named the..........
Indian Penal Code, 1860, Section 302 -- Death of consuming poisonous liquor - Non recovery of material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison - Liquor whether contained poisonous substance goes unanswered in the absence of recovery of these material objects - Accused acquitted...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Accused truck driver allegedly crushed constable/deceased - Two witnesses admitted that it was dark night at the time of occurrence and accused ran away after crushing deceased - They could not see in which direction accused ran away due to darkness of night - At the relevant time..........
Indian Penal Code, 1860, Section 148, 149, 341, 504 -- Unlawful assembly - Common object - Accused formed an unlawful assembly with an intention to assault injured witnesses - They in prosecution of their common object and armed with weapons like clubs and iron rods wrongfully restrained injured witnesses from proceeding further, abused them in filthy language so as to..........
Indian Penal Code, 1860, Section 307, 326 -- Accused 11 in number armed with weapons like clubs and iron rods - It was thus, not impossible for them to kill any of injured witness - Abusive words used by accused at the time of incident that they would take away injured cannot be considered as determinative of accused to kill injured - At the best accused would have..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Once a person is convicted u/s 307 IPC, he cannot be acquitted on the basis of compromise - Offence u/s 307 IPC is no, compoundable...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Non-compoundable offence - Where offence is no, compoundable and parties have come to a compromise then factum of compromise can always be considered while determining question of sentence...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused fired at complainant by mistake - Injuries found on the body of complainant were simple in nature - Incident took place in the year 1993 and parties are related to each other - Taking into consideration that compromise has taken place between parties, ends of justice would be served if sentence of 5 years..........
