Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt by dangerous weapon - Motive is dispute over mendh between the fields of parties - Incident not took place in the manner as alleged by prosecution - Injured and his three associates were charge sheeted for the offence u/ss 307, 452, 506 IPC - Injured witness and other eye witness are not stating the..........
Probation of Offenders Act, 1958, Section 12, Indian Penal Code, 1860, Section 324 -- Voluntarily causing hurt by dangerous weapons - Benefit of Ss.4 & 5 of Act of 1958 already granted - Benefit of S.12 granted to appellants as appellants are educated persons and some of them are young persons so that their future is not affected in any way...........
Indian Penal Code, 1860, Section 307, 323, 324, 427, 506 -- Attempt to murder - Respondents were to resume their possession over the chak allotted in their favour - It also comprised the land of informant - Informant party was not willing to part with the possession of land - As such, there was a clash, which resulted in injury on both the sides - Held, injuries were so..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324 -- Quashing of proceedings - Offence u/s.324 IPC - Injury inflicted by sharp edged weapon but injury was simple in nature - Accused and victim both real brothers residing in one house - Victim elder brother is jobless - Accused younger brother was working as casual employee in Government and..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A, 452, 324, 323, 506, 34 -- Quashing of FIR - Compromise - Complainant made statement that with intervention of respectables, he has compromised matter with accused and has no objection if FIR is quashed - In view of statements of parties Court is satisfied that compromise is valid..........
Indian Penal Code, 1860, Section 302, 149, 324, 34 -- Murder or hurt - Proof - Accused A-2 charged for offences u/ss 147, 148 and 302 r/w S.149 IPC - Only overt act attributed to accused that he beat victim who intervened during attack with blunt axe on his back side - Medical Officer opined that injury was simple in nature - Held, accused A-2 is liable to be convicted for..........
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..........
Indian Penal Code, 1860, Section 302, 324, 323, 34 - - Murder - Proof - Death of deceased occasioned by assault committed by accused-appellant No.4 in abdominal region with knife by inflicting 4-5 knife blows - Held, accused-appellant No.4 had requisite intention if not of causing death, at least, of causing such bodily injury which was likely to cause death - Acts..........
Indian Penal Code, 1860, Section 302, 149, 147, 148, 323, 324 - - Murder - Conviction - Sustainability - Prosecution not able to establish guilt beyond all reasonable doubt and has suppressed real genesis of incident too - Fact witnesses not deposed real truth and has concealed very significant aspect of accused injuries, which makes them untrustworthy witnesses - FIR is..........