Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Seven empty cartridges were recovered lying at different places on the spot and were taken into possession - Doctor who had examined the injuries of PW2 stated that he had suffered four injury wounds, two each on the right and left thighs - Injuries were grievous in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Accused fired from his service weapon AK-47 and since he was a constable in army, he was well aware that gunshot from such a weapon, if hits anyone will certainly result in causing death - There is no denial of fact that injured had sustained four injuries, two each on..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Reduction of sentence - Accused was in a discipline force - Incident is of 2010 and it had happened in a rage of anger - No minimum sentence is prescribed u/s 307 IPC - Sentence reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - Investigating Officer not examined during course of trial - It was fatal to prosecution case since I.O. could have adduced expected evidence and his non-examination creates a material lacuna in the effort of prosecution to nail appellant, thereby creating reasonable doubt in the prosecution case...........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - PW2 and PW4 were declared hostile and have not seen the occurrence - There is no eye witnesses to occurrence - Contradictions in the depositions made by PWs in regard to place of occurrence and manner of occurrence as to how much blows of lathi was given to injured persons - There are discrepancies regarding..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Petitioners have undergone 77 days of incarceration on 5 different cells, either as remand prisoners or convict prisoners - Offence was committed in the year 2006 and nearly 19 years have passed by - Petitioners have been facing mental agony due to time elapsed since the theft and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
