Indian Penal Code, 1860, Section 307 -- Attempt to murder - Running tractor over legs of injured - Intention or knowledge to cause death cannot be inferred - Offence u/s 307 IPC not made out...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 504, 506, 147, 120B -- Bail - Accused not named in FIR wherein six persons specifically named - Deceased was in consensual relationship with applicant and there was some dispute relating to monetary transaction between deceased and applicant - Only allegation against accused was of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Charge u/s 307 IPC - No material available on record to frame charge u/s 307 IPC - Court below while framing charge against accused merely acted as post office, who accepted charge-sheet u/s 173 Cr.P.C. verbatim without making any effort to ascertain whether prima facie..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 324, 427, 452, 34 -- Compromise - Quashing of FIR - Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Matter still under investigation - Injured victim entered into compromise and recorded his statement in this regard before trial Court and there is rare, rather nil possibility of victim..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Causing of wounds by itself is not sufficient for making out offence u/s 307 IPC - Rather, causing hurt is not at all necessary for making out the offence punishable u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For an offence u/s 307 IPC it is not necessary that bodily injury capable of causing death should have been inflicted - If intention coupled with an overt act is established, then offence punishable u/s 307 of IPC can be made out - Such intention can be gathered from nature of weapon used, seat of the injury..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge u/s 307 IPC - Challenge as to - Allegation that 10-12 persons suddenly attacked victims and they were armed with swords, base balls etc. - Various injuries were inflicted on the victims - Question as to whether there was an intention to kill or knowledge that death would be caused is a question..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Indian Penal Code, 1860, Section 307, 328, 392 -- Reduction of sentence - Offender is female - In the instant case, accused convicted and sentenced for R.I. 2 years each in offence u/ss. 307, 328, 329 IPC and imposed fine of Rs.2000/- - No further leniency can be shown on ground that she is woman and has to look after her 3 minor children out of which 2 are mentally..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Fight between parties was accidental owing to sudden quarrel - Victim suffered simple injuries in the incident - Accused though armed with pistol, axe, banka and lathi but severity of blow indicated that accused were not tempted to inflict serious injuries - They neither had intention to commit murder nor..........
