Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
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..........
