Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 302, 307, 34, 149 -- Offence u/ss 302, 307, 34, 149 IPC - No charge u/s 302 IPC or u/s 307 IPC with aid of either S.34 IPC and S.149 IPC has been framed - Evidence on record is not sufficient to attribute any specific injury suffered by deceased to any particular accused - Accused rightly acquitted u/s 302 and 307 IPC...........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - Accused allegedly 15/20 in number attacked the house of complainant armed with deadly weapons - However, no injury was caused to complainant or to his son - Though firing of gunshot at son of complainant was attributed to accused but same was escaped from being hit - Accused come in two vehicles as per..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Offence u/ss 307, 326, 324, 34 - Appreciation of evidence - Evidence on record shows that weapon used for committing offence not recovered or seized - As per evidence of PW2 (Doctor), no injury found to be more deep then soft tissue level - Moreover, evidence reveals that all injuries are simple in nature and no surgeon..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 452, 341, 323, 324, 325, 326, 307, 34 -- Framing of charges - Offence u/ss 452, 341, 323, 324, 325, 326, 307, 34 IPC - Trial Court did not made any endeavor to examine medical report while framing charge against accused - No reasons for framing charge against accused stated - Even prima facie..........
