Indian Penal Code, 1860, Section 354, 324 -- Incident occurred all of a sudden without any motive or premeditation - Incident occurred when accused was 20/21 years of age - Accused not involved in any other criminal case - Accused the only bread earner of his family and there is no body to look after them - Sentence reduced to already undergone - Amount of fine maintained..........
Indian Penal Code, 1860, Section 143, 147, 148, 307, 323, 324, 449, 427, 207, 119 -- Common object - Accused person 17 in number, armed with sword, choppers, knife and iron rods allegedly caused death of deceased and injuries to others by assaulting - Deceased received as many as 34 injuries - One of the accused, on seeing injured, exhorted other accused, 'Chase him, Chase..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 324 -- Murder - Sending of report to Magistrate - Obligation of prosecution - Held, prosecution has an obligation to explain if, and when the report u/s 157 Cr.P.C. had been sent to Magistrate - This obligation is a positive one in order to eliminate any suspicion of false implication of an..........
Indian Penal Code, 1860, Section 302, 300, 327, 324, 34 -- Nature of offence - Murder - Conviction - Upon considering the site of large number of injuries inflicted on person of deceased and injured person, there is no manner of doubt that it was a murderous assault caused by appellants having common intention - Out of 14 injuries 3 were sufficient to cause death in the..........
Indian Penal Code, 1860, Section 307, 498A, 324, 406, 34 -- Offence u/ss 307, 498A, 324, 406, 34 - Appeal against acquittal - Accused, husband and his family members allegedly physically assaulted complainant and poured kerosene on her body to set her on fire in which they failed - As per complainant match stick landed on her duppatta, she threw it off immediately to save..........
Indian Penal Code, 1860, Section 326, 324, Criminal Procedure Code, 1973, Section 320 -- Voluntarily causing grievous hurt - Offence u/s 326 may not be compoundable even with permission of Court - Offence u/s 324 IPC could be a compounded with permission of trial Court or of this court also in light of provisions of S.320(6) Cr.P.C. as parties have to be allowed by..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Appeal against conviction - Material discrepancy in evidence of informant regarding time of lodging of FIR - Even, I.O. did not record and register FIR when given orally and recorded statement of deceased who was allegedly fit at time of taking to hospital - Moreover, no-explanation of injuries by prosecution..........
Indian Penal Code, 1860, Section 307, 324, Criminal Procedure Code, 1973, Section 320 -..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Nature of offence - Attempt to murder - Head injury simple in nature - Neither intention could be proved so as to attract offence u/s.307 Indian Penal Code nor any such injury found on head or any part of his body which could easily constitute offence falling u/s 324 IPC - Held, trial Court was justified in holding accused..........
