Then these persons were shifted from Fatehgarh Churian to Kalanaur. Ingredients of offence: The essential ingredients of the offence under Section 460 are as follows: 1 Two or more persons were jointly concerned in committing the offence of lurking house trespass by night or house breaking by night; 2 One or all of them voluntarily cause or attempted to cause death or grievous hurt to any person; 3 Such persons were then committing lurking house trespass by night or house breaking by night. Contentions on behalf of the Appellants: 5. The Trial Court correctly appreciated the evidence and rejected the argument that the other witnesses were not reliable because they were interested witnesses. On the other hand, on an eight core workload assuming a clock speed of 3. He submitted that their evidence would have thrown sufficient light on the prosecution case and the Court should draw adverse inference against the prosecution for non-examination of these material witnesses. Assuming the Ryzen 1700X operates at 3.
House-trespass after preparation for hurt, assault or wrongful restraint. We are thus of the view that this is a clear case of intention to commit the murder of P. In regard to the incident which took place near the town hall the police registered a Crime No. They are Sadhu Singh his father , Hardev Singh his son , Gurdip Singh and Amanjit Singh his brothers , Sharanjit Singh son of his younger brother Sajjan Singh and Davinder Singh and Sukhdev Singh two sons of his younger brother Khazan Singh. Then I learnt that our men were kept in Police Station Kahnuwal. A has not yet committed the offence. The appellants also examined as many as eleven witnesses in their defence that they have not taken anybody in their custody as alleged by the prosecution.
He along with A-2 - Chintha Krishna and A-3 - Addla Umamaheswara Rao tied the telephone wire around the neck of P. He was hospitalized for about 20 days. Section 161 or 162 of the Code does not refer to registration of a case, it only speaks of a statement to be recorded by the police in the course of the investigation and its evidentiary value. The trial court has imposed a punishment of three years rigorous imprisonment and a fine of Rs. The power conferred upon the Magistrate under Section 156 3 can be exercised by the Magistrate even after submission of a report by the investigating officer which would mean that it would be open to the Magistrate not to accept the conclusion of the investigating officer and direct further investigation.
Ingredients of offence: The essential ingredients of the offence under Section 462 are as follows: 1 The subject-matter of offence was a closed receptacle; 2 The accused was entrusted with the receptacle; 3 He had no right to break upon or unfasten the same. We used to go to them to supply food and articles and clothing to meet their needs. There is no omission with regard to these facts about the picking up of seven members of his family from his house on29. I noticed that in the body of that vehicle my brother Hardev Singh was sitting. I cannot tell his name. It is on that basis and relying on the said judgment in it.
Even though the High Court noticed that this injury is a ligature mark of 34 cm x 0. Hence the special leave petition insofar as those respondents has already abated, vide order dated 04. I noticed a police gypsy going on the road. Preparation does not mean physical preparation, preparation means having an idea and determination to make an assault even by gesture. A-4 - Chintha Lakshmana Rao beat him on his right cheek with an iron rod. In Jagjit Singh alias Jagga v. A contusion of 3 cm x size present lateral to the left eye with overlying abrasion of ¼ cm size red in colour.
An oblique abrasion of 10 cm x 5 cm size present on the ventral aspect of the left arm, red in colour. State of Punjab supra cited by Mr. This being explanation for the delay in examining the witnesses under Section 161 Cr. The circumstances of this case clearly attract the second part of this Section since the act resulted in injury No. Criminal procedure code, 1973 — s. The appeals are allowed to the extent indicated above.
He cited the decision of this Court in State of Karnataka v. Commission of house-trespass is necessary after having made preparation for causing hurt or for assaulting any person, or for wrongfully restraining anyone, or of putting someone in fear of hurt, or of assault, or of wrongful restraint. It does not require that the hurt should be grievous or of any particular degree. यह मौजूद है नियम एवं शर्ते और प्राइवेसी पालिसी पर, मार्केटिंग या सॉलिसिटेशन के लिए इस्तेमाल मना है. The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by any magistrate. Sentences under this section could be reduced on the ground of young age, or old age, of the accused taking into consideration the facts and circumstances of the case.
Description: House-trespass after preparation for hurt, assault or wrongful restraint : In this section states that whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The Explanation under Section162, Cr. Gyan SudhaMisra New Delhi, September 20, 2013. We kept on meeting them during this period. There were other police officials and guard there.
As regards the act of the tying the telephone wire around the neck and pulling it on both sides and causing an injury thereby, the learned counsel for the accused, heavily relied on a statement in the cross examination of the Medical Officer that the Injury No. Sentences under this section could be reduced on the ground of young age, or old age, of the accused taking into consideration the facts and circumstances of the case. The learned Sessions Judge after considering the arguments allowed the Revision Petition and the order of the Magistrate, directing registration of a criminal case against the respondents herein at the instance of the appellant, was set aside. The prosecution case is that the victim P. The circumstances of this case clearly attract the second part of this Section since the act resulted in injury No. A-3 -Addla -Umamaheswara Rao is the close associate of A-1, A- 2 and A-4.
He submitted that pursuant to the said order of this Court, the Director of the Central Bureau of Investigation submitted his report dated 15. Inder Singh further stated in the aforesaid application that he has seen his family members, who were picked up, in Fatehgarh Churian, Police Station Kalanaur, Dera Baba Nanak and Police Station Kathu Nangal and on 08. Where the accused were convicted under sections 147, 149 and 452 of the Code, the incident had happened twenty years ago and they had attained old age, the sentence was reduced to the period already undergone but the amount of fine imposed was increased so that the victims could be properly compensated. The learned trial Judge convicted and sentenced the accused as indicated above. The second part makes such an act punishable with imprisonment for life if hurt is caused thereby. This prohibition noticed by this Court, in our opinion, does not apply to counter complaint by the accused in the 1st complaint or on his behalf alleging a different version of the said incident.