Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Indian Penal Code, 1860, Section 326, 324, 320 -..........
Explosive Substances Act, 1908, Section 7,3,4,5,6, Indian Penal Code, 1860, Section 285,286,323,324,304 -- IPC - Offence u/ss 3 to 6 Explosives Act and ,Ss. 285, 286, 323, 324 and 304 - Accused discharged for want of sanction of authority - Sanction obtained after three years - Three years period cannot be termed as delay in the facts of the case, where 14 innocent..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Anticipatory Bail - Trespass and hurt - Case of version and cross-version - Even as per version in FIR, scuffle had taken between parties and both parties sustained injuries - No specific injury has been attributed to present petitioners - Present petitioners is similar..........
Indian Penal Code, 1860, Section 307, 324, 149 -- Attempt to Murder - Conviction - Sustainability - Incident took place on the point of measurement of disputed plot - Case of sudden provocation and free fighting - No intention to kill appeared at all - None of the injuries found grievous - Incident took place in 1993 and accused faced ordeal of trial and thereafter waited..........
Indian Penal Code, 1860, Section 323, 324 -- Simple or grievous hurt - From very beginning the case was registered for commission of offences punishable u/s 324 of IPC - Prima facie there was no evidence that victim was assaulted by any deadly weapon or any sharp cutting weapon - No medical report was submitted before trial Court - Held, offence u/s 324 of IPC could not be..........
Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Indian Penal Code, 1860, Section 307,324 -- Nature of offence - No repetition of shot - Unsafe to conclude that appellant had the requisite mens rea to cause murder of the injured as rest of the injuries were on non vital part of body on arm and hand - Injured was not hospitalised and was discharged after his medical examination - None of the two assailants, who were armed..........
Indian Penal Code, 1860, Section 324, 325 -- Simple hurt - Separate conviction u/s 324 - Held, as S.325 IPC being major section of the same category of S.324 IPC in which the higher punishment has been provided thus, no separate conviction could be held against appellants u/s 324 IPC if they are held guilty u/s 325 IPC...........
Indian Penal Code, 1860, Section 302, 448, 324 -- Murder - Eye-witness or hear say witness - PW2 stated that he saw from a distance that 30-40 people had gathered in front of his house and there was a commotion including shouts of his son `M', who ran towards him to tell him not to go home because people were being attacked there - Witness does not accuse any particular..........
