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..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Death by burning - Dying declaration of deceased recorded by Magistrate proceeded by parcha byan - There is clearly a deviation made by deceased in her dying declaration from what she stated in parcha byan - Fitness certificate was given after 15 minutes of recording of..........
Indian Penal Code, 1860, Section 307, 397, 34 -- Attempt to murder - Robbery - Recovery of fire arm and ammunition - PW8 categorically stated that he recovered a pistol and empty cartridges from the possession of accused and a magazine from the possession of co-accused - No significant cross-examination was done of PW8 on this material aspect - Recovery of fire arm and..........
Indian Penal Code, 1860, Section 307, 397, 34 -- Attempt to murder - Robbery - Assailants tried to loot the money bag being held by PW2 and upon resistance, they fired gun shots hitting two persons - Local public nabbed the accused, who were arrested at the spot - Accused also sustained injuries - Injury report of both the accused were got proved from PW11/SHO as well as..........
Indian Penal Code, 1860, Section 304B, 498A, 302 -- Dowry death - Cruelty - Death due to kidney failure - Chemical Examiner's report that no common poison could be detected - No other injury detected during post mortem examination - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye..........
