Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused attempted to murder by cutting throat with knife - Statement of victim that he held the blade of knife with both hands and thereby suffered incised injuries on his hand - The injury report shows that the victim had no incised injury or any other injury on his left palm - Knife alleged to have been used..........
Indian Penal Code, 1860, Section 307, 149, 323, 149 -- Conviction u/ss 307/149, 323/149 - Appeal against - Farsa and lathi blows given to victim - Injuries grievous in nature - No explanation from prosecution regarding injuries - Farsa used by one of the accused not sufficient to arrive at a definite conclusion that intention was to kill the injured - Moreso when it is in..........
Criminal Procedure Code, 1973, Section 307, 308 -- Approver - Accused tendering pardon and requesting to Court that he be made an approver - Court cannot accept his pardon - Request should come from prosecution...........
Criminal Procedure Code, 1973, Section 307, 308 -- Accused tendering pardon - Approver whether played a lesser or greater role in the commission of crime is immaterial and it is for the prosecution to examine this aspect from the point of view of the interest of the case - It is the prerogative of the prosecution...........
Criminal Procedure Code, 1973, Section 307, 308 -- Approver - Tendering pardon and requesting that he be made an approver - Approver breaching condition on which pardon was granted - Court has power to try the accused for the offence in respect of which pardon was tendered or for any other offence of which he appear to have been guilty in connection with the same matter..........
Arms Act, 1959, Section 25(1A), 27, Indian Penal Code, 1860, Section 307 -- Fire arm injury - Whenever the offence involves use of arm by gun and pistol, the trajectory should be ascertained - This would give the position of the offender and the position of the victim - It is also necessary to obtain ballistic opinion...........
Evidence Act, 1872, Section 3, Arms Act, 1959, Section 25(1A), 27(2), Indian Penal Code, 1860, Section 307 -- Property dispute between brothers - Gun shot - Evidence of injured, his wife and his son - No independent witness - Normally gun shot does not escape the hearing by neighbours - They would be readily present to speak about the gun shot if not about the incident -..........
Indian Penal Code, 1860, Section 307, 326, 452, 324, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/ss 307, 326, 452, 324, 323, 34 IPC - Compounding of offence - Dispute settled with the intervention of Gram Panchayat - FIR quashed...........
Indian Penal Code, 1860, Section 307 -- Accused armed with deadly weapons attacked public servants while they were discharging their official duties - Not possible at the stage of framing charge to conclude that ingredients of offence u/s 307 IPC are not made out - No interference in order for framing of charge...........
Criminal Procedure Code, 1973, Section 167(2), Transplantation of Human Organs Act, 1994, Section 18, 19, 20, Indian Penal Code, 1860, Section 307 -- Offence u/ss 18 to 20 of Transplantation of Human Organs Act, 1994 and S.307 IPC - Charge sheet filed u/s 22 of 1994 Act - Separate police report u/s 173(2) in respect of offence u/s IPC not filed - Expiry of 90 days -..........
