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..........
Indian Penal Code, 1860, Section 302, 325, 324, 147, 149 -- Land dispute - Accused in possession of disputed land - Prosecution party committed trespass into land in possession of accused - Four persons injured and succumbed to their injuries - Manner of assault and use of weapons by accused appear not established - Rather possibility is that deceased might have been armed..........
Indian Penal Code, 1860, Section 323, 324, 506 -- Reduction of sentence - Conviction u/ss 323, 324, 506 and 34 IPC - Parties amicably settled their dispute - Petitioner has undergone sentence of one month and 21 days - Conviction maintained - Sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Indian Penal Code, 1860, Section 324, Evidence Act, 1872, Section 3 -- Voluntary causing hurt by dangerous weapons or means - Proof - Prosecution's case that after altercation appellant No.1 alongwith appellant No.3 & 4 came on rooftop of house of victim and opened fire - Victim and her son sustained firearm injuries - In her deposition before trial Court, victim changed..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Appellants convicted and sentenced to undergo simple imprisonment for a period of two years alongwith fine u/s.324 IPC - Affidavit filed at time of hearing of appeal that parties to lis have compounded offence - Held, in view of understanding between parties,..........
