Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 354, 323, 447 -- Compounding of offence - Conviction of accused u/s.323, 354 and 447 IPC - Held, since offences under aforementioned sections are compoundable, parties permitted to compound said offences - Accused acquitted - Appeal allowed...........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - Primary intention of unlawful assembly was to dispossess complainant party - Appellants aim was to assault PW1 and when deceased and others intervened, fatal injuries caused to deceased - Deceased died after 11 days - Eye witness support prosecution..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - No specific role attributed to respondent Nos.2 to 10 and other accused persons - No specific injury attributed to them - None of eye witnesses has stated any overt act against respondents and accused persons - Held, prosecution failed to prove its..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 447, 467, 468, 471, 506, 120B -- Cheating & forgery - Anticipatory bail - Petitioner has already joined investigation - He is no longer required for further interrogation - There is no history of his previous involvement in any other criminal case - Held, interim bail already granted made..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Indian Penal Code, 1860, Section 447, 188, Criminal Procedure Code, 1973, Section 482 -- Criminal trespass - FIR - Quashing of - Neither complainant nor his vendor was in exclusive possession of disputed land - Rather petitioner No.1, who is father and father-i, law of remaining petitioners, is also co-sharer in joint possession of disputed land - Held, petitioners cannot..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 447, 324 -- CrPC (as amended by Criminal Procedure Code, (Amendment Act, (25 of 2005)- Compounding of offence - Permissibility - Accused found guilty of committing offence punishable u/ss 447 and 324 IPC - Offence u/s 447 was compoundable whereas offence u/s 324 was compoundable before Code of..........
Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 447 -..........
Indian Penal Code, 1860, Section 379, 447, 506, 511, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Theft - Trespassing - Petitioner had merely made an attempt to take possession of property on which khokha of complainant exists - He has been in custody w.e.f. November 7, 2011 - Challan have already been presented against him - Held, petitioner can be..........
Criminal Procedure Code, 1973, Section 482, 468, Indian Penal Code, 1860, Section 447, 511 -- Criminal trespass - Limitation for taking cognizance - Occurrence took place on 02.05.2006 - Challan was presented on 21.08.2007 - Offence is punishable with imprisonment of three months or Rs.500/- as fine or both - Held, in view of S.468(2) clause (b) of Cr.P.C., cognizance can..........
