Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim sustained a grievous injury on vital portion of body - Said injury was life threatening as opined by doctor and in the ordinary course of nature said injury was sufficient to cause death - High Court committed error by reducing the sentence of accused to period already undergone by him - Merely because..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused was simple or minor will not itself rule out application of S.307 IPC - Determinative question is intention or knowledge as the case may be and not nature of injuries...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Single blow injury was caused on vital part of body though it was caused on the back but it reached to chest - Nature of injury was grievous and it was sufficient to cause death in ordinary course of nature, as it was caused by sharp cutting weapon - Accused rightly convicted u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of injured witness - Injured identified the accused, as mentioned in FIR that he is middle son-in-law of his uncle - FIR promptly lodged and proved by PW1 and maker of FIR - Evidence of injured witness is corroborated by medical evidence - Big knife was used and incident was pre-planned by accused -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Single blow injury caused to injured - Accused did not attempt further to hurt injured - Taking into consideration of said fact, sentence of 5 years R.I as awarded to accused is on higher side - Sentence reduced to 4 years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Injury cannot be opined to be dangerous to life, unless Radiologist/Surgeon who performed surgery was examined - In the instant case, injury in question could be dangerous to life does not induce confidence of Court - Conviction of accused thus, scaled down from S.307 to S.326 IPC - However, since compromise..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
