Indian Penal Code, 1860, Section 323, 147, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 323, 147 - Benefit of probation - Incident occurred in 1994 - Injured received 24 injuries but injuries were not life threatening and accused was rightly acquitted by trial Court u/s 307 IPC - Accused remained in custody for some time - It will be unjust to send accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Robbery - Common intention - Appeal against conviction - Only role attributed to accused Nos.3 & 4 is that they caught hold of complainant and embraced him - Nothing attributed to them for attacking deceased - Accused Nos.3 & 4 in such circumstances, could not be attributed common intention which accused Nos.1..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Robbery - Common intention - Appeal against conviction - Incident occurred all of a sudden when accused met the complainant party who were returning to their home - Version of eye witness PW1 that accused Nos.1 & 2 inflicted knife blows on abdomen of deceased and snatched away his gold chain is accepted by..........
Indian Penal Code, 1860, Section 307 -- Nature of offence - Accused shot arrow which hit victim's left hand - Injuries were simple and not on vital part of body - Conviction and sentence altered from S.307 IPC to S.324 IPC and sentenced to period already undergone...........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft of motor cycle - Motor cycle recovered while lying at an unattended condition - Accused arrested without there being any evidence so as to connect him with the alleged crime - Arrest memo not exhibited by prosecution during its evidence - Circumstance of recovery cannot be used against accused -..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money - In the instant case, accused received money at S.B. counter as S.B. and ledger clerk and misappropriated same without crediting said amount to Government treasury - Even, he omitted to make necessary entries in logbook and S.B. ledger book of post office, which was his duty to..........
Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Criminal breach of trust - Misappropriation of money - Appeal against conviction - Accused convicted and sentenced for R.I. 1 year and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months - Incident occurred three decades ago and accused has no previous criminal antecedent - Even, accused..........
Hindu Marriage Act, 1955, Section 13, Indian Penal Code, 1860, Section 497, Evidence Act, 1872, Section 3, 103 -- Divorce - On ground of adultery - Proof of - Law does not postulate direct proof of adultery rather circumstantial evidence which would lead a reasonable and just man to the conclusion of adultery is sufficient...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide within seven years of her marriage - Cause of death could not be ascertained - Soon after marriage she was subjected to demand of dowry specially the scooter - Bald statements on record that deceased was beaten for dowry - These allegations may be enough to constitute..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Pistol shots - Found on non vital part of body and injuries simple in nature - Offence u/s 324 IPC made out - Conviction altered from S.307 IPC to S.324 IPC...........
