Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 323, 326, 34 -- Anticipatory bail - Offence u/ss 324, 323, 326, 34 IPC - Appellant has co-operated with I.O. as and when called upon to do so - Custodial interrogation of appellant is no more required - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 307, 498A, 324, 326 -- Attempt to murder - Injured sustained four injuries out of which three were found to be simple in nature and one injury was found to be grievous and dangerous to life - Therefore, offence u/ss 307, 326 IPC is clearly made out against appellant and trial Court has rightly convicted appellant for offence u/ss 307, 326..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 326, 324, 34 -- Nature of offence - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether the injuries caused to injured persons were only on the hand...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - A-2 & A-3 had together assaulted PW1 & PW7 - They were armed with deadly weapon - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149, 506 -- Bail - Offence u/ss 323, 324, 326, 148, 149, 506 IPC - Accused has suffered incarceration of 3 months and 14 days - Trial of case is yet to begin - Grievous injury which attracted the offence u/s 326 IPC is not attributed to accused, coupled with the fact that one..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
