Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to attract offence punishable u/s 307 IPC, act must have been committed with an intention or knowledge that act is likely to result in death of injured...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence on record that injuries were so serious in nature so as to endanger life of PW1 - Offence u/s 307 IPC held, not attracted - However, injuries inflicted upon PW1 are coming within description of grievous hurt as defined u/s 326 IPC - Since injuries were inflicted with dangerous weapons such as iron..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt of murder - Complainant who is star witness of prosecution failed to disclose before Court as to which part of his body received blow by accused - Even, complaint was silent as to how many blows received by complainant on any specific part of body - Evidence of doctors does not tally with injuries disclosed by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506, 148.149, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Out of 22 PWs only 2 witnesses have been examined - Factum of complainant not supporting case of prosecution would be subject matter of trial - Conclusion of trial is likely to take time - Bail application held,..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 8 -- Double murder case - Motive - Prosecution stated that there was a motive for co-accused and accused to eliminate deceased, as it is deceased who had gotten son of co-accused killed in an accident - However, this fact has not been narrated either by son of deceased nor by nephew of deceased -..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 32 -- Double murder case - Complaint as dying declaration - Xerox copy of complaint written by deceased `M' prior to his death to police, produced by son of deceased regarding threats from accused - However, said complaint does not mention accused - Complaint does not prove the fact that accused..........
