Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Single injury found simple in nature on injured, which completely throws away the prosecution story regarding attempt to murder and makes it unreliable - There is complete absence of evidence to infer that accused `B' was having any intention to commit murder of injured - Conviction altered from S.307 to 323..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Indian Penal Code, 1860, Section 323, 324 -- Nature of offence - All the injuries were declared to be simple in nature - None of injuries was opined to be dangerous to life - Injuries had been caused with a sharp edged weapon i.e. `Kirch' - It is thus, S.324 IPC which is attracted and not S.323 IPC as `Kirch' being a sharp edged weapon has the potential of proving lethal...........
Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
