Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 320 -- Grievous hurt by dangerous weapon - Compounding of offence - Held, since offence u/s.326 IPC is no, compoundable, permission to compound it, cannot be granted...........
Indian Penal Code, 1860, Section 326, 325, Criminal Procedure Code, 1973, Section 320 -- Grievous hurt - Compounding of offence - Appellant alleged to have assaulted injured with iron rod - Nothing on record to show that iron rod was used - In suit filed for compensation injured alleged that appellant beat him with wooden stick - Held, conviction u/s.326 IPC liable to be..........
Indian Penal Code, 1860, Section 325, 326 -- Grievous hurt by means of deadly weapon or dangerous weapon - Proof - Accused alleged to have inflicted grievous injuries on body of victim with stone - Held, a stone, as such, cannot be said to be a weapon of offence, likely to cause death - To decide whether a particular stone brought before Court as material object used for..........
Indian Penal Code, 1860, Section 323, 376, 511 -- Attempt to rape and voluntarily causing hurt - Appellant alleged to have pushed victim on ground and tried to rape her when she was grazing cattle in field - When victim put up a strong resistance, accused inserted his fingers in her vagina and caused serious bleeding injury - Prosecution's case fully corroborated by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326 -- Bail - Grievous hurt - Grievous injury found on little finger of right hand of injured - Petitioner is behind the bars since 2.8.2013 and it will take sufficient time to conclude trial - Investigation is complete and charge sheet has already been submitted - Petitioner is neither required..........
Indian Penal Code, 1860, Section 325, 34 -- Voluntary causing grievous hurt with common intention - Appeal against conviction - Testimony of all eye witnesses is highly doubtful - Prosecution suppressed the genesis of occurrence - All the witnesses are close relatives of deceased but no step taken to provide treatment to him - There is no material on record to establish..........
Indian Penal Code, 1860, Section 328, 307, 302 -- Poisoning - If no hurt or grievous hurt is found to have been caused due to act of administering or making the victim to swallow the poison etc. is caused no offence u/s 328 IPC and for that reason under any provision like that u/ss 307 and 302 IPC is made out...........
Indian Penal Code, 1860, Section 338 -- Ingredients of offence u/s 338 are : (a) Causing grievous hurt to a person; (b) Grievous hurt should be the result of an act; (c) Such act ought to have been rash and negligent; (d) The intensity of commission of such an act ought to endanger human life or the personal safety of others...........
Indian Penal Code, 1860, Section 302, 325, 506, 34 -- Murder - Common intention - Proof - In course of altercation appellant No.2 does appear to have hurled a stone towards deceased which hit and injured him but there is nothing to show that injury was by itself sufficient to cause death in ordinary course - No pre-concert between appellant No.1 and appellant No.2 to kill..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction - Reduction of sentence - Validity - Accused did not challenge conviction before High Court but only prayed for reduction of sentence in view of compromise arrived at between parties - Held, in view of the fact that offence charged u/s.326 is non compoundable and also in the light of serious nature of..........
