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NIAMAT ALI versus STATE


Section 426 Preventive Code (XLV of 1860), Section 302 (b) / 324/337 F (vi) / 34/148/149 Killings, attempt to commit murder, unlawful murder, joint intent, lethal armed The conviction on medical grounds that delayed the adjudication of the riot arms, illegal assembly sentence was that he was not accused of harming any of the victims. The only allegation was that he injured the injured with carbine. The injury attributable to this injury was declared to fall under Section 337 F (iii), PPC. Due to his age and illness, the High Court allowed the accused to bail and he appeared before the court during the entire trial. That there was no evidence against the accused to be attracted to Article 34, PPC and that fact should be concluded at the time of his appeal, which was not in sight in the near future. According to the prosecution, the fatal shots were attributed to the prosecution. The allegations against the co-accused and the accused were that he led the complaining party, hurt the injured and raised a "question" whether the accused was held responsible for the act of his co-accused. It needed serious consideration. During the trial, the main appeal of the accused was on bail and in the near future his appeal was unlikely to be heard. The accused is over 70 years old and his medical reports revealed that he was ill. The application was granted and his sentence was also pronounced. The accused has been suspended till the final settlement of his appeal. n

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