Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 326, 307 -- Compounding of offence - Offences u/ss 326 & 307 IPC are not compoundable - But since parties have entered into compromise and are neighbours and there is harmonious relationship between two sides and that they are living peacefully, therefore, proceedings are liable to be quashed..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 326 -- Award of compensation to victim - Court cannot reduce imprisonment if accused is willing to pay higher compensation to victim - S.357 Cr.P.C. operate independently of the specific penal provisions of the Code under which Court is required to sentence an offender...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Sentence of 2 years RI - Considering that accused had gone to his house to fetch a knife and thereafter had given repeated blows to the victim resulting in multiple grievous injuries, sentence of two years RI is just and adequate and does not require any modification...........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Group clashes - Two occurrences - Accused persons assembled with lathis, zaili etc, to perpetuate and inflict injuries on other side with common object to inflict injuries and cause physical harm - Object was unlawful - Offence u/s 302 made out as deceased died due to injuries..........
Indian Penal Code, 1860, Section 302, 148, 149, 323, 326 -- Unlawful assembly - Common object - Modification of sentence - Accused `J' & `N' acquitted though their names do figure in FIR but they were not present at the spot as accused `J' participated in wrestling competition along with his brother accused `N' - Accused `R' & `A' also acquitted of the charge u/ss 302, 149..........
Indian Penal Code, 1860, Section 326, 302, 34 -- Murder - Grievous hurt - Five injuries found on person of deceased - Death occurred due to excessive bleeding and shock - Appellant No.1 caused injury on face of deceased by ballam and appellant No.2 on neck by farsa - Death had not taken place as a result of injuries caused by appellants or any one of them - Held, they..........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Grievous hurt - Accused along with co-accused saw injured and pounced on him because of some earlier incident and gave stab injuries - Although injuries are grievous in nature but attending circumstances and number of blows do not suggest that it had been done with intention to kill victim or under such..........
Indian Penal Code, 1860, Section 302, 326, 307, 436, 148, 149 -- Death sentence - Rarest of rare cases - Appellant alone could not have executed such a crime, which resulted in death of 15 persons and leaving so many injured and setting ablaze 23 houses - Entire elements of crime could not have been committed by appellant alone - Further, appellant is a tribal, stated 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..........
Indian Penal Code, 1860, Section 326, 34 -- Grievous hurt - Accused acquitted on the grounds : (a) prosecution evidence not reliable; (b) FIR ante time; (c) no motive for accused to commit the offence; (d) place of occurrence shifted by prosecution - Order of acquittal calls for no interference...........
