Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - House trespass - Prosecution evidence lacks credence on many counts - There are doubts qua weapon of offence, identification of accused and that it was accused who caused injury on neck of complainant etc. - Intensity of evidence which is required to convict accused is certainly lacking - Motive of accused to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Indian Penal Code, 1860, Section 307, 34 - - A-1 carrying pistol shot at PW6 at his chest which pierced through his chest - When PW7, tried to interfere, A-1 shot at PW7 too - Attempt by A-1 was with intention to teach lesson to PW6, as to why he opposed A-3 from spreading rubble in the field and there was some hot exchange between them - Injuries caused to PW6 were..........
Indian Penal Code, 1860, Section 307, 34 - - Quantum of sentence qua A-1 - Considering injuries caused to PW6 i.e gunshot wounds in chest and opinion of Doctor that injuries caused to PW6 are capable of causing death, High Court was not right in reducing sentence of A-1 - Though Court has discretion in awarding sentence, it should be commensurate with gravity of offence -..........
Indian Penal Code, 1860, Section 307, 323, 34Offence - - A-2 and A-3 were not armed at the time of occurrence - They attacked injured with fit and kicked with sticks - Accused held, rightly acquitted u/ss 307, 34 IPC - So far as their conviction u/ss 323, 34 IPC is concerned, High Court rightly reduced their sentence to period already undergone by them considering their..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), 307, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping, rape and attempt to murder of 3-1/2 years old minor girl - Accused was not named in FIR, as he was not known to victim or complainant - Nobody seen accused committing crime, nor he could be got identified from victim being of tender..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Conviction - Compromise during pendency of appeal - Permission cannot be granted to record compromise - However, compromise is a relevant circumstance while considering quantum of sentence - Seventeen months of imprisonment undergone out of five years imprisonment - Sentence reduced to already undergone -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quashing of FIR - Petitioners opened fire in the air towards house of complainant and was not aimed at anyone - Offence u/s 307 IPC not made out - Even otherwise, parties have entered into compromise - Proceedings quashed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecutrix had suffered simple injuries as per medical evidence during the occurrence of rape - Offence u/s 307 IPC not made out against accused - Accused rightly acquitted...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), 18, Indian Penal Code, 1860, Section 307 -- Juvenile - Attempt to murder - Accused was minor on the date of incident in question as per report of District and Sessions Judge - However, since the offence was committed in 2004, it is not appropriate to send petitioner to be dealt with by Board - Ends..........
