Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 106 -- Attempt to murder - Burden of proof - Injured witness herself not supported prosecution case and none other witnesses who might have seen the incident has proved the case when examined - There appears no occasion for trial Court to use S.106 of Evidence Act, to shift burden of proof on accused and..........
Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Injured sustained two injuries - One injury is on scalp of injured which is simple in nature and other injury is on his right forearm which is grievous in nature - Both the injuries were caused by hard and blunt substance - Some improvements were made by injured regarding injuries sustained by him - Trial..........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Indian Penal Code, 1860, Section 324, 326, 307 -- Nature of offence - Prior property dispute between parties - Sudden fight between family members - Accused persons did not carry any weapons with them - During fight, accused have taken iron rod lying near scene of occurrence and had attacked injured - A1 and A2 caused grievous injury to injured `M' and caused simple..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Discharge - Accused discharged merely on the basis of two medical reports, as faults and inconsistencies found therein - Stage to appreciate evidence with a view to find fault or/and inconsistencies in two medical reports would arise only when prosecution leads evidence by examining doctors in support of medical..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
