Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Appeal against acquittal - Motive - Appreciation of evidence - Witnesses have been inconsistent on numerous material aspects as neither the victims of the first incident can be clearly identified nor the members of the party who went to lodge the complaint with the father..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - Appreciation of evidence - Delay of 14 days in recording of statement of PW5 (injured) - Delay remained unanswered and unexplained - Even, evidence of PW12 is further belied by this fact that though PW12 had removed both injured persons to the cots and then..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Compromise - FIR u/s 307 IPC - Injury not caused to anyone in the incident - Even offence u/s 307 IPC can be quashed on the basis of compromise...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Offence non compoundable - However, it will be in the interest of justice, if sentence is reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 323, 148, 149 -- Bail - Offence u/ss 307, 326, 323, 148, 149 IPC - Petitioner is in custody for over 6 years - Injury which is attributed to him is on non-vital part of the body of injured - As conclusion of trial is likely to take some time, bail held, granted...........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife and daughter - Testimony of PW1/son of accused - Accused allegedly poured kerosene oil on wife and children - Presence of PW1 saved him and also made him crucial eye witness in the episode - Version of eye witness that he fled away from scene of offence at that point of time when his father/accused was about to..........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 32 -- Murder of wife and daughter - Dying declarations - Dying declaration of wife of accused giving reasons for dispute resulting in offensive language used by accused before setting them ablaze - However, dying declaration of minor daughter of accused was precise and brief just narrating the incident..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34 -- Attempt to murder - Non-examination of I.O. - It is not the sound principle of law that there should be examination of I.O. in order to prove its case at the end of the prosecution - However, the Court has to see, whether the prosecution has succeeded in substantiating its case even in absence of I.O. - But, if it..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 332, 353, 504 -- Quashing of FIR - Attempt to murder - A-1 hit complainant with tractor due to which complainant received injuries - Said fact is fortified from injury report of complainant which shows that complainant received four injuries - Police also found prima facie case made out..........
