Indian Penal Code, 1860, Section 326, 324, 323, Probation of Offenders Act, 1958, Section 4 -- Conviction u/ss 326, 324 and 323 IPC - Release on probation - Conviction altered from S.326 to S.324 as injury on the person of victim was simple in nature - Accused released on probation on the ground that they faced protracted trial of 17 years and were not habitual offenders...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 326, 323, 148, 149 -- Pre arrest bail - Offence u/ss 324, 323, 148, 149 & 326 IPC - Injuries attributed to petitioners simple in nature - Accused to whom injury attributed as grievous in custody - Pre-arrest bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 323 -- Bail - Offence u/ss 307, 324 & 323 IPC - Bail refused in view of seriousness of offence and manner in which offence was committed...........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 34 -- r,w - Reduction of sentence - Two years R.I. - Revisio, petitioners have already been facing criminal proceedings for last more than 17 years - Revisio, petitioners are aged about 62, 67 and 52 years - All of them have already undergone more than three months sentence - Held, substantive sentence is reduced to a..........
Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34 -- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........
Indian Penal Code, 1860, Section 325, 324, 323, Probation of Offenders Act, 1958, Section 3, 4 -- Occurrence relates to the year 1994 - No useful purpose would be served by sending them in custody after such a long period - They have faced a protracted trial of 14 years - Accused released on probation...........
Indian Penal Code, 1860, Section 323, 324 -- Conviction of appellant No.1 u/s 324 and conviction of appellant Nos.2 & 3 u/s 323 IPC - Considering facts and circumstances of the case sentence of appellant No.1 reduced from 3 years RI to 1-1/2 years RI and sentence of appellant No.2 to period already undergone (almost 7 months)...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 324, 504, 506, 323, 307 -- Quashing of charge-sheet - Informant sustained guns shot injury and blunt object injuries - Charge-sheet under S.307 IPC laid before the court prior to taking cognizance of offence - Incident alleged to have taken place on 28.5.2004 at 1 P.M. - Application..........
Indian Penal Code, 1860, Section 148, 149, 323, 324, 325, 326, 447 -- Accused in possession of land - Accused H exceeding right of private defence - Conviction of H sustained u/s 304 Part I - Charges against others not established since all of them inflicted injuries on members of complainant party in exercise of their right of private defence and all of them acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 323, 324 -- Assault - Insult - Witnesses - Altercation between accused and complainant - Accused alleged to have insulted the complainant by referring to his caste name and assaulting him - Contradictions in the statement of witnesses - All witnesses from..........
