Indian Penal Code, 1860, Section 307, 308, Arms Act, 1959, Section 25, 54, 59 -- Nature of offence - Accused fired at victim at the spur of moment, when victim tried to intervene between accused and one `R' - There was no pre-meditation on part of accused to attempt murder of PW7 - Injury suffered by PW7 is not grievous and is simple in nature - No cogent evidence of..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 59 of Arms Act - Testimony of eye witness - Presence of PW8 at the time of occurrence is not doubtful, since he was a resident of same locality and had accompanied victim to hospital soon after occurrence - PW8 deposed regarding having witnessed accused fired at..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 39 -- Offence u/s 308 IPC and Ss.25, 34, 39 of Arms Act - False implication - Victim was shifted to hospital soon after alleged occurrence by eye witness - She stated in her statement soon after her admission in hospital before I.O regarding entire incident and attributed fire arm injury suffered by her..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 39 of Arms Act - Reduction of sentence - Accused undergone agony of a prolonged trial for almost 15 years coupled with fact that there is no pending case against him - Ends of justice would be met if substantive sentence of 5 years is reduced to period already..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - Dispute between grandson of injured and son of accused and subsequently quarrel took place between PW1 and wife of accused `B' - In such circumstances accused `B' had sufficient motive to call other accused - Evidence on record proves that upon exhortation by accused `B' other accused `N' caused injuries to..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - No supplementary or X-ray report on record and PW4 was discharged within 2-1/4 hours after treatment - Despite the fact that PW1 sustained bone deep head injury and was brought in semi-conscious condition to hospital but considering that against medical advice she left Medical Center after her wound having..........
Indian Penal Code, 1860, Section 308 -- Attempt to commit culpable homicide - Only witness who supported prosecution case is PW1/injured witness - Though testimony of an injured witness should be accepted, but since other witnesses present on the spot have not supported prosecution - Benefit of doubt thus, given to accused - Moreover, where two views are possible on..........
Indian Penal Code, 1860, Section 304, 308, 323 -- Offence u/ss 304, 308, 323 IPC - FIR lodged promptly - Three witnesses of facts specifically stated that accused committed crime - Statement of injured eye witness/PW7 being son of accused fully corroborated by medical evidence - No major discrepancy found in testimony of PW7 and his presence on the scene of occurrence..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Indian Penal Code, 1860, Section 323, 308, 34 -- Nature of offence - Solitary head injury given to injured by lathi blow indicates that no bony lesion or any internal damage was caused - How such injury could prove dangerous as per PW5/doctor - No reason was given by PW5 for the same - There is no repetition of blow by accused - There was no intention or any knowledge on..........
