Court : Guwahati
..... vital part of the body, one can reasonably conclude that the intention was to commit culpable homicide amounting to murder. in the instant case, non-production of the weapon of assault and as a matter of fact non-description of the weapon clearly establish that it was an innocuous weapon and definitely was not of a dangerous type. therefore, we conclude ..... it was a deadly weapon, heavy weapon, light weapon or any other simple weapon, who gets the benefit? the accused. under these circumstances, we are constrained to hold that the assault was by a simple weapon, but for one reason or the other it fell on the 'plurae region'. we find the length and breadth of the injury but do not ..... pw 4 ramjan ali. they speak in one voice that mayur had nothing to do with the quarrel and arrived at the scene suddenly but became a victim of 'huja' assault by the accused. where is the weapon? where is the seizure list? we do not find in the evidence that any of the witnesses ever described the nature of the ..... as well as the accused sides were surcharged with passion, mayur came at the scene of the occurrence from nowhere to become the victim of huja assault. only one blow was given, the weapon of assault was neither seized nor produced by the prosecution because it must have been an ordinary weapon which, in the ordinary course of events could not have .....Tag this Judgment!
Court : Guwahati
..... the natural course of things and he ought to have, therefore, been convicted under section 304 part ii, i.p.c.considering the circumstances in which the assault took place and the status in society from which the accused come, we are of opinion that a lighter sentence would serve the ends of justice. we ..... over the damage done to gandaria's crops by ramdas's pigs. it is a fact that there was no other independent evidence as to the assault on gandaria except what pauchu himself had deposed and his wife's support to his testimony is very half-hearted. it is not denied that ahlad ..... about the same when she was being examined in the court of session. in the sessions court this witness said that it was ramdas whom she saw assaulting gandaria and not ramdayal, but in the committing court, she deposed to have seen ramdayal striking her father-in-law, gandaria with a hoe. the evidence ..... court tried the accused of the charges as framed against each of them by the committing court.3. both the accused pleaded not guilty and denied any assault on gandaria or on pauchu. the defence, suggestion, however, was that the deceased gandaria received the head injury by a fall on a piece of brick ..... hoe, ramdayal was the son-in-law of ramkisen and the brother-in-law of ramdas. gandaria fell down unconscious on receiving the blow. pauchu alleges that ramdas assaulted him too, taut seeing his father seriously injured, he went to ahlad chowkidar (p. w. 4) at once and reported to him about the occurrence. .....Tag this Judgment!
Court : Mumbai
Reported in : 1987(2)BomCR131
..... 2) of the act. the inferences drawn by the detaining authority that the petitioner and his associates are likely to repeat the anti-social and communalistic activities riots and assault on public servants, destruction of public property and disturbance of communal harmony are based on relevant factual material. the qualitative nexus is clearly established. we do not agree that ..... of these crimes. slogans like 'pakistan zindabad', 'yeh musalmanoki basti hai', 'we are all one, dill this person', 'burn his property' were shouted, public servants on duty were assaulted and a constable was stabbed. it is against the background of these facts that the district magistrate was called upon to satisfy himself as to whether the events and persons ..... p.m. pelted stones at each other. the& 307 ipc petitioner and his associate ilyasprovoked the mob. the gravitywas intensified because of theprovocation. crimes of arson,looting and assaulting public servants on duty registered in 85cases. public property and private property worth lakhs of rupees were destroyed because of peti-tioner's provocation.4. another incident of rioting and ..... thecompound wall andhouse of baba farzan andresorted to firing byrevolver; when the publicservants like revenueand police officers tried to disperse the crowd,the petitioner & his asso-ciates tried to assault the officers in which some police personnel were injured;the petitioner went on the raised open plot of complaint's house, provoked and insti- gated the crowd by use .....Tag this Judgment!
Court : Mumbai
Reported in : 1993(3)BomCR673; 1992CriLJ1970
..... the deceased raju canvassed for congress (i) candidate in the assembly elections, relations between him and the accused persons were strained leading to the fatal assault by the latter upon the former. the attempt made on behalf of the accused to create doubt about the prosecution case for lack of proof of ..... testimony upon the material particulars of the incident. moreover, it has to be seen that when there are so many accused persons involved in the assault and when the evidence is recorded after a long time, some discrepancies in the police statement and the oral testimony are bound to creep in. ..... , as we shall presently show, is established by the prosecution in the instant case, the question which weapon each of the accused used in assaulting the deceased raju would hold no significance once the common object of the unlawful assembly is proved. in this view, we are supported by the ..... what he has referred to therein is an outer limit within which the death can occur after the deceased raju was seriously injured after being assaulted. even that outer limit is very approximate because, according to him, the external and internal injuries could be caused to the deceased raju within ..... (sword stick), motor-cycle chain and cricket bat. after surrounding the deceased raju in front of the house of gulab shrikhande, all the accused persons assaulted him giving blows to him with the weapons in their hands. after about 15 minutes, raju fell down on the ground. however, the accused persons .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1964AP382
..... cannot by any possibility carry.' 28. the same ingredients are enunciated in salmond on torts, eleventh edition, at page 368, under the head 'assault and battery'; 'the application of force to the person of another without lawful justification amounts to the wrong of battery........' 'the act of putting ..... dignity of the plaintiff as well as upon his person or property; and vindictive damages may accordingly he obtained for them. insulting threats not amounting to assault are apparently not actionable at all.' 20. it would, 'therefore, seem that insult perse is not actionable. a3 noticed already, in thei present ..... defendant-appellant, has raised two main contentions: first, that on the facts found by the lower appellate court none of the alleged torts, viz., assault, insult or intimidation is made out; and secondly, even if the acts attributed to the defendant constitute in law one or the other of ..... removed by force by the goldsmith at the instance of the defendant. i am, therefore, of opinion that the defendant caused the offence of assault to the plaintiff.' 14. on the question whether the acts alleged constituted insult and intimidation, the learned subordinate judge disposed of the question in ..... defendant did not abuse or use violence to the plaintiff. similarly, the karnam (d. w. 3) deposed that the defendant did not abuse or assault the plaintiff throughout the entire incident. 9. on a consideration of the factual and legal issues arising in the case, the trial court reached the .....Tag this Judgment!
Court : Mumbai
Reported in : 1988(2)BomCR507
..... mind that the common object of the unlawful assembly was not only to chastise and maim the notorious dacoits. limba, govinda, hari and narayan, but to liquidate them by murderous assault. the said object has been proved by convincing evidence already discussed above.54. it was contended by the learned counsel for the appellants accused in the alternative that in the ..... to their testimony. we, therefore, hold, concurring with the learned additional sessions judge, that appellant no. 1 sukhdeo was a member of the unlawful assembly, had actively participated in the assault on hari, govinda, limba and narayan and was holding an axe in his hand which was a deadly weapon and is, therefore liable to be convicted and sentenced. so far ..... mechanical test whenever it is useful and whenever we find the that two or more witnesses have given a story which is broadly in conformity with the general pattern of assault.37. another point that needs our attention is the approach of the learned additional session judge in acquitting the appellants-accused and the respondents-accused under section 148 read with ..... community and residents of anterweli, a small village situated on latur-gangakhed road, about 23 kilometres away from the taluka place gangakhed in parbhani district. the unfortunate victims of the assault i.e. the three brothers deceased hari, govinda, and limba and their nephew (sister's son) narayan belonging to minority buddha community had, along with their family members and friends .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(5)BomCR410; 2000BomCR(Cri)410
..... and raju himself told the doctors in bhagawati hospital and the constable present there that raju was kidnapped and abducted by some unknown persons, and therefore, according to mr. mundargi assault must have been caused to raju by his abductors.68. all these contentions are required to be outright rejected. firstly, because there is nothing with accused no. 1 to ..... a single witness of the prosecution who had directly witnessed the assault or who has supported the prosecution in that regard. four independent witnesses, namely the other four persons i.e. the inmates of raju who were present during the said interrogation ..... support of their respective contentions. the main contention of mr. mundargi were as follows:21. firstly, according to him, the charge against the accused applicants was that they have assaulted deceased raju on the night between 27-6-1990 and 28-6-1990 at oshiwara police station causing him serious physical injuries. however, according to mr. mundargi, there is not ..... all the doctors conducting postmortem, special executive magistrate, inmates of raju who were with him on the night of 27th june 1990 and who had witnessed, according to prosecution, the assault on raju and who had identified all these accused, police officers who carried out investigation in the matter, police constable from santacruz lock up and the investigating officer mr. inamdar .....Tag this Judgment!
Court : Mumbai
Reported in : 2003BomCR(Cri)280; 2002CriLJ4581
..... the ocular evidence of pw-7 regarding the weapons/articles for the offence and the way the offence was committed is accepted motive behind such an assault pales into insignificance.17. the next question, that we are required to consider is, whether the offence of culpable homicide amounting to murder within ..... the status/profile of the witness and in corroboration with the medical evidence as well as the recovery of weapons and other articles used in the assault. the chemical analyser's report also forms a part of corroborative evidence in accepting or relying upon the evidence of such an eyewitness.6. ..... to bring home the charge against her and there is no evidence worth inspiring confidence to accept the prosecution case that she had participated in the assault or she was, in any way, party to the alleged crime. even otherwise, the prosecution had failed to establish the ingredients of an offence ..... by the police on 30th april, 1995. the deposition of this witness suffers from contradictions and omissions on material aspects such as the description of assault as well as the weapons. shri kapadia further submitted that, in any case, the testimony of this witness also revealed that he was one ..... the spot of incident, the accused nos. 1 to 4 produced their cloths which they were wearing at the time of the alleged incident of assault and these cloths were attached under panchanama signed by two witnesses by name vishwambhar sidram ture (pw-5) and vasant vishwanath ture. the seized articles .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1958All214; 1958CriLJ324
..... the only conclusion at which the court could gustly arrive was that none of the alleged participants could be found to have participated in the assault.77. it was also hinted by mr. chaturvedi,though mildly, that the standard of proof required in criminal cases is different from the standard ..... in the number of the accused can be explained : first, that the informant khem singh confined his naming to only those who participated in the assault, and, secondly, that the witnesses named the entire members of the party of man singh in the honest belief that they must have been ..... started striking sohanpal singh, ratan singh and ram chandra with lathis and swords, while the others, who came behind, did not participate in the assault.this witness also mentions the fact that khem singh, bhola singh and others brought out ballams and thereupon the assailants ranaway. according to this witness, ..... they were in all 17 or 18 men. the witness, however, clearly states that all the 17 or the 18 persons did not participate in the assault which was made only by subedar singh, tahsildar singh, dhanman, sheobaran, chhab ram, murat ram and fateh. this witness stated that subedar, tahsildar, sheobaran ..... morning at 6. in the first information report khem singh nominated all the accused persons whom he named in court as having participated in the assault. khem singh in his testimony clearly indicated the enmity that subsisted between his partisans and man singh and others. he stated that he gave information .....Tag this Judgment!
Court : Orissa
Reported in : 2008(II)OLR704
..... in his cross-examination he deposed that appellant kalia pulled the deceased's leg from front side. p.w.2 deposed that the deceased was assaulted by co-accused rabindra with kati and by appellant bisakha with sword. however, p.w.3 testified that both co-accused rabindra and appellant bisakha ..... chowk. appellant kalia sahu coming from behind the deceased pulled the deceased's leg. while the deceased was falling down, co-accused rabindra came and assaulted the deceased by means of sword on his neck. thereafter, appellant bisu @ bisakha dealt sword blow on deceased's neck. appellant dandapani dealt lathi ..... each of the accused persons in the commission of alleged offence but also with regard to the exact spot of occurrence where the deceased was assaulted. the topography of the spot of occurrence improbalises the claim of the eye-witnesses examined in court to have seen the entire occurrence from ..... deceased succumbed to the injuries. it is also-alleged by the prosecution that in the month of preceeding june, the accused persons had attacked, assaulted and threatened to kill the deceased, and that in the afternoon on the date of occurrence also there was verbal altercations between appellant dillip and the ..... legs as a result of which he fell down. thereafter, it is alleged, the appellants biswanath, dandapani and dillip as well as co-accused rabindra assaulted the deceased with deadly weapons. it is alleged that co-accused rabindra at first dealt a blow by means of a kati on the deceased's .....Tag this Judgment!