Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(33), Indian Penal Code, 1860, Section 307 -- Heinous offence - Attempt to murder - Minimum punishment is not prescribed u/s 307 IPC, but punishment may extend to 10 years and fine - Thus, due to benchmark of minimum punishment of 7 years or more, S.307 IPC cannot fall within ambit of heinous offences...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(33), Indian Penal Code, 1860, Section 307 -- Transfer of case to Children's Court - Attempt to murder - Petitioners though are between age group of 16 to 18 years, they have not committed heinous offences, as S.307 IPC cannot fall within ambit of heinous offences - Case of petitioners, thus, not..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 9 -- Attempt to murder - Non-conducting of Test Identification Parade (TIP) - PW7 suffered a fire arm injury at the hands of accused - He has given detailed sequence of events - Complainant also deposed on similar lines as PW7 - It was complainant who chased and apprehended..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acid attack - Marriage offer of A-1 declined by victim, as a result thereof A-2 threw acid on victim in presence of A-1 - Victim clearly implicated both accused who were known to her from before - Motive of crime established from evidence of victim - No reason found for Court to disbelieve victim of acid attack -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Acid attack - Reduction of sentence - Sentence of life imprisonment imposed upon accused - Accused submitted that sentence of life imprisonment is excessive - However, having regard to nature of attack, corrosive substance used and permanent disfiguration caused and imminent threat to life of victim, ends of..........
