Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To determine whether accused being a member of unlawful assembly, is liable for a given offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly and alternatively whether members of the assembly knew that offence was likely to be committed in prosecution of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Double murder case - Non-applicability of S.149 IPC is no bar in convicting accused u/s 302 IPC r/w S.34 IPC provided there is evidence which discloses commission of offence in furtherance of common intention...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Name of accused missing both in Dehati Nalishi (FIR) as well as in statement of eye witness recorded u/s 161 Cr.P.C - No explanation given for the same - Eye witness not identified accused in the Court, as he stated that when deceased was being attacked he told him to go to his house and inform that accused are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object being one of those set out in S.141 IPC and she was actuated by that common object...........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between parties which clearly emanates..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
