Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - All the star witnesses of prosecution including injured turned hostile - However, there is enough evidence/material on record to prove direct connectivity of bullet recovered from the body of injured which was fired from pistol got recovered by accused - Accused has..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - Reduction of sentence - Complainant and accused are members of one family - Incident occurred in 2001 of single shot injury - Accused has undergone sentence period of 6 months and 4 days uptill 2002 - No other instance of involvement of accused in any criminal..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........