Indian Penal Code, 1860, Section 307 -- Nature of offence - Injuries not such as to arrive to a conclusion that there was any intention to kill - Injury was simple as reported by doctor - Conviction altered from S.307 IPC to S.324 IPC - Protracted trial of 30 years - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 307 -- Attempt of murder - Allegations that accused gave only one knife blow to complainant - Blow not given with substantial force, as evident from the wound which was superficial when its depth not indicated in the MLC - Had the intention been to cause death, multiple blows would have been attributed to accused and that too with..........
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...........
