Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - Reduction of sentence - Compromise - Parties entered into compromise - Incident has taken place almost two decades back - Accused already served jail sentence for some time - Sentence of accused thus, reduced to period already undergone by him subject to payment of Rs.25,000 to injured as compensation...........
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...........
