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HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 326, 324, 34-- Attempt to murder - Identity of accused - Alleged assault upon injured witnesses were sudden when they were sleeping - Injuries inflicted within 2 minutes only - It is unbelievable that a person who was sleeping will identify assailants in 2 minutes that too during mid night - Name of assailants..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 323, 324, 34-- Offence u/ss 307, 323, 324, 34 IPC - Injuries on PW2 were simple in nature - There is no consideration of nature of injuries in conviction u/ss 307, 34 IPC - Conviction of accused u/s 307 IPC set aside - However, conviction of accused u/ss 323, 324, 34 IPC not interfered with...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 324-- Nature of offence - Injuries sustained by injured witnesses were not grievous in nature and cannot be considered to be dangerous to their lives - Parties were co-sharers and there was no previous enmity - Accused not having any motive to cause death of any of three victims - Injuries were caused..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 307, 323-- Rape - Subsequent report does not show any injury on private part of prosecutrix as injured remained unconscious for 5-1/2 months - Merely of this reason, prosecution case cannot be thrown though period intervening is substantial...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B-- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in accordance with law - Document..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1959, Section 25-- Police encounter case - Gunshot - Absence of independent corroboration - Presence of public witness is not always necessary, but looking to surrounding and attendant circumstances and facts of case, it was expected from raiding party to have called at least some person to stand witness - Weapons..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27-- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25-- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a distance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 307-- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 307, 100-- Murder - Attempt to murder of injured witnesses - Right of self defence - Defence does not have a case that injured witnesses had come with any weapons - Accused were not injured in any manner - What was the reason for A-1 coming with a chopper when his name was called by deceased, definitely, he..........

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