Indian Penal Code, 1860, Section 326, 452, 324, 323, 34 -- Grievous hurt with dangerous weapons - Quantum of sentence - Petitioner are neither previous convicts, nor involved in any other case - Petitioner are facing protracted criminal trial for last more than 13 years - Five injured were received by injured out of which only one injury was declared grievous in nature..........
Indian Penal Code, 1860, Section 148, 323, 324, 325, 427, 149 -- Assault - Reduction of Sentence - Petitioners have been facing trial in an assault case from 8 years for causing injuries on complainant party - Complainant received grievous injury whereas others received simple injuries - Sentence of accused with regard to all offence reduced to 2.4 years and specific..........
Indian Penal Code, 1860, Section 307, 324, 326, 149 -- Attempt to murder - Complainant and his brother were attacked by accused persons leading to some grievous injuries which are dangerous to life - Evidence of doctor fully corroborate the condition of injured - Plea of accused no specific attribution has been made - Held, it could not be expected from the injured to give..........
Indian Penal Code, 1860, Section 307, 324, 326, 149 -- Reduction of sentence - Attempt to murder - Accused took plea of facing agony of proceedings for 18 long years - Held, complainant/injured also faced the agony of watching the accused avoiding their punishment - For making the balance, sentence of accused reduced to 3 years...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Accused attacked deceased with axe and caused fatal injuries on her neck - Husband of deceased PW7 rushed towards deceased on hearing her cries and tried to save her but accused already gave her two injuries which resulted into her death on the way to hospital - PW3 & PW4 supported version of PW7 that accused killed the..........
Indian Penal Code, 1860, Section 302, 324, 394, 34 -- Murder - Accused persons being patients of deceased and familiar to him fired upon deceased which was witnessed by his wife - Wife of deceased fainted on receiving injury by butt of gun after witnessing entering of accused armed with guns and murder of her husband - There is ocular witnesses to actual commission of..........
Indian Penal Code, 1860, Section 302, 324, 394, 34 -- Murder - Common intention - All three accused had come armed with firearms with common object and intention of committing murder of deceased - For applicability of S.34 it does not matter as to who actually fired the shot - It also does not matter that accused `B' had not fired the shot - Fact that all accused..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Indian Penal Code, 1860, Section 324, 323, 34 -- Voluntarily causing hurt - Quantum of sentence - Sentence u/s 324 IPC as regards both the petitioners reduced from 1 year RI to 8 months RI but fine enhanced to Rs.5,000 each - However sentences of imprisonment of both the petitioners u/ss 323 & 34 IPC as awarded by Courts below maintained and fine increases from Rs.500/- to..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 148, 149 -- Murder - Five persons assaulted and one died - Four injured were alive but only first informant and his sister were examined, rest injured withheld by prosecution - No independent witness to support the prosecution version - Motive assigned was not sufficient - Prosecution failed to establish the place of..........
