Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........
Indian Penal Code, 1860, Section 324, 307, 454, 392, 397, 34 -- Offence u/ss 324, 307, 454, 392, 397, 34 IPC - Accused allegedly came to the spot with covered face, gave beatings to PW2 and pushed him down the bushes and decamped with money - Names of accused not mentioned in the statement of PW2 - Reason given by PW2 that he was under fear cannot be believed - PW2 has not..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Clash between two groups which resulted in injuries on both parties - Only present accused convicted out of seven accused persons - Appellant is author of only one injury on the head of complainant which is said to be simple but caused by sword, a dangerous weapon - He deserves to be convicted only for..........
Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4 -- Voluntarily causing hurt by dangerous weapon - Benefit of probation - Occurrence took place in 1999 - Parties are involved in civil as well as criminal litigation - Accused not involved in any other case - It is not deemed necessary to send accused immediately to jail custody after 19..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Eye witnesses/interested witnesses - Incident occurred inside the house of deceased - It is only the family members who could witness it - PW4 is an independent witness and was also injured during incident - His testimony corroborates the testimonies of other..........
Indian Penal Code, 1860, Section 148, 149, 364, 324 -- Unlawful assembly - Common object - Abduction - Appellants armed with deadly weapons allegedly raided the house of deceased and abducted him in order to murder him - Evidence on record shows that right from the beginning appellants shared common object of assembly at all stages - No infirmity in the impugned order of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused fired with 12 bore gun causing simple injuries to victim - Though 35 to 40 pellets discharged from the gun struck in the body of victim but he did not sustain any grave or fatal injury - Accused had no intention to kill victim, as he did not repeat the fire - More so, accused immediately ran away..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 - Quantum of sentence - Accused had already undergone custody period of 20 months approximately - He was first offender, who faced trial and appeal for 12 to 13 years - Sentence of accused therefore, reduced to period already undergone...........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Identification of accused - Accused persons identified in Court for the first time after a gap of more than 2 years from the date of incident - Incident occurred in the night, at a place with improper lighting - Accused persons not known to forest..........
