Indian Penal Code, 1860, Section 304(Part II), 307 -- Offence u/ss 304(Part II), 307 IPC - Non-examination of independent witness - No independent eye witness has been examined though many persons were present at the place of occurrence - PWs 6, 7 and 9 have also turned hostile - If independent witness has been examined correct picture of incident have come on the surface..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Accused assaulted his wife when she refused to sign consent letter for his second marriage - Seat of attack and weapon of offence used, expose intention of accused - Due to timely intervention of PW2 to PW4 who had taken her to her home and then got her admitted in the hospital, she had survived - Ingredient..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Sentence - Incident took place in the year 2006 and witnesses who are rustic villagers were examined nearly about 12 to 13 years after the occurrence - Taking into consideration the long lapse of time to dispose the case both at the trial stage as well as appellate stage, substantive sentences ordered to run..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Material contradictions in the statements of PWs - Statements of PWs therefore, do not inspire confidence - It is difficult to believe that no one was shot where it is being said that about ten rounds of firing took place - Prosecution failed to establish commission of alleged offence by accused beyond all..........
