Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Sequence of events as narrated by PWs does not show that there was any intention on the part of appellant to cause death of deceased - No knowledge can be imputed to appellant that injury could in ordinary course of nature be sufficient to cause death - Appellant thus, liable to be convicted u/s 325 IPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `O' and `U' though came with common object, but considering that weapons, which they were having and recovered from them were lathis and also because..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 323, 325, 452, 506, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Bail - Offence u/ss 323, 325, 452, 506, 147, 149 IPC and S.3(1)(r), (s) of SC/ST Act - Appellant is in custody since 05.6.2025 - No specific injury has been..........
Indian Penal Code, 1860, Section 498A, 325, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - No specific allegation of any physical violence except for vague statements made by wife about she having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325 -- Probation - Offence u/ss 323, 325 IPC - Respondent has maintained good conduct and does not have criminal antecedents - Opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing nature of..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325, 259, 34 -- Benefit of probation - Offence u/ss 323, 325, 259, 34 IPC - Prosecution has proved the charges against appellants beyond reasonable doubt - However, since it is case of causing injuries with lathi and iron rod and appellants have remained behind the bars for some time and..........
Indian Penal Code, 1860, Section 323, 325, 427 -- Offence u/ss 323, 325, 427 IPC - Prosecution proved that on the date of incident, petitioner attacked PW1, PW5 as well as he hit on the head of PW4 - Statements of PW1, PW3, PW4, PW5 are corroborative to each other - There is no reason to doubt their depositions - Prosecution thus, able to prove charges u/ss 323, 325, 427..........
