Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 326, 341, 148, 149, 506 -- Bail - Attempt to murder - Injury caused by sword blow on left arm of injured by accused cannot be said to be an injury dangerous to life - Accused is active in village politics and thus his wrongful inclusion in FIR cannot be ruled out - Trial is not..........
Indian Penal Code, 1860, Section 326, 304(Part I), 148, 99 -- Nature of offence - Free fight between parties - Injuries caused to both sides - Right of private defence taken by accused - Accused party had assembled at the spot with lethal weapon and all accused were waiting for complainant party to arrive at the spot and started assaulted complainant party - Blows..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, 449, 326, 325 -- Suspension of sentence during pendency of appeal against conviction - Murder - Accused named in FIR but not charge sheeted by investigating agency and was summoned as an additional accused - There are manifest loopholes in prosecution case regarding recording of..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Reduction of sentence - Accused are first offenders - Previous conviction of accused is neither alleged nor proved by prosecution - Accused undergone sentence of 8 months and 19 days each, including remissions - No useful purpose would be served by keeping accused behind bars - Sentence..........
Indian Penal Code, 1860, Section 307, 326, 447, 323 -- Nature of offence - Three accused alleged to have inflicted sharp weapon blows on legs of injured - Injuries inflicted on injured are grievous in nature, which were proved by evidence of PWs coupled with admission of accused - However, conviction of accused u/s 307 IPC cannot be sustained as there is no allegation of..........
Indian Penal Code, 1860, Section 326, 447, 323 -- Offence u/ss 326, 447, 323 IPC - Incident took place way back in the year 1990 - Seven co-accused persons against whom identical allegations were levelled by prosecution were acquitted by trial Court and no appeal was filed by State Government against the same - Ends of justice would be sub-served by reducing substantive..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Injury inflicted on injured victim finds corroboration by ocular testimony of injured himself and medical evidence - That apart, witnesses who had appeared at the spot have also been examined and have corroborated the incident of inflicting injury on injured person by accused - It is thus, proved that..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Reduction of sentence - Victim is the wife of accused - She filed a case for claiming maintenance u/s 125 Cr.P.C - Victim was questioned by accused as to why she had filed case against him which circumstances led to commission of offence of injury inflicted on victim by accused - There appears..........
Indian Penal Code, 1860, Section 326, 325, 341 -- Nature of offence - Offence u/ss 326, 325, 341 IPC - Plea of Private Defence - Prosecution fail to offer explanation for injuries caused to accused - Accused given the benefit of right to private defence -However, he has exceeded the same - Offence alleged deserves to be toned down from Ss.326 to 324 IPC...........
Indian Penal Code, 1860, Section 324, 326, 100 -- Nature of offence - Right to private defence - Injury caused to injured on his leg caused by sharp weapon - However, prosecution did not make any effort to prove X-ray reports of injured by examining Radiologist - Grievous injury on leg of injured not based on any legal evidence - Accused also suffered a grievous injury on..........
