Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of proceedings - Plea of false implication - FIR and material on record revealed commission of offence u/s 307 IPC and intention to kill informant - Even, at stage of summoning it cannot be ascertained who fired with firearm in group of 16 persons - Proceedings..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Sudden Provocation - Mere refusal of the victim/wife to accompany the accused does not constitute sudden provocation...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Pre-mediated attack - Although the accused did not fire a second shot, he brought a pistol, waited at the gate of the office of victim and fired a single shot from closed range before fleeing the scene, leaving the victim bleeding - Accused planned a proper attack...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Domestic violence - Marital relations should be seen as a aggravating factor, and not a mitigating factor, in the offences of domestic violence where accused has the intention to kill...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 364A, 307, 379B, 482, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 364-A, 307, 379-B, 482, 34 IPC - Considering the time which is likely to take for turn of appeal for actual hearing, amount of ransom being Rs.50,000, coupled with gunshot injury on leg (right..........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witness/PW7 - Police statement of PW7 recorded after 20 days of incident - No evidence on record to show that after the incident, said witness had immediately left village and was not available for recording his statement - Statement of PW7 does not appear to be worth credence...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
