Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Testimony of sole eye witness - PW7, injured witness is not reliable as there is no corroboration to the statement of PW7 - He being in such a highly toxic condition at the time of incident, his being asleep and suddenly woken up on account of deceased being attacked, raises doubt about capacity of PW7 to clearly..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prior enmity between parties - Injury No.2 was caused by fire arm, which is dangerous to life as per Doctor/PW12 - Pistol was also recovered from A-2 - Accused rightly convicted u/ss 307, 34 IPC - Since occurrence was of the year 2000, after considering facts and circumstances of case and also age of accused..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Double murder case - Ocular evidence of two eye witnesses stands fully corroborated by medical evidence, wherein it is proved that accused used blunt and sharp weapons to cause injuries on deceased and complainant - Depositions of PW1 and PW2 are in consonance with contents of FIR - Although complainant was brother of..........
Indian Penal Code, 1860, Section 323, 307, 454, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 307, 454, 34 IPC - Dispute between parties already settled amicably - Complainant does not want to press allegations levelled in FIR - It is thus, a fit case, where FIR pending against petitioner is quashed while exercising..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties settled their real dispute amicably - Key prosecution witnesses declared their unequivocal intent to turn hostile at the trial - In such circumstances, merits and truth apart, proceedings in trial if allowed to continue may largely be a waste of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of PW3 - PW3 stated that he had seen accused and other accused coming out of his house with blood stained clothes and they proceeded towards house of accused - Witness has reiterated the same in his cross-examination - A blood stained lock and key also recovered on..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of injured witness/PW2 - PW2's throat was slit in the occurrence causing loss of voice requiring hospitalization for two months - She was a minor student witness aged about 13 years - Presence of PW2 at the place of occurrence and injury caused during occurrence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - Long pending dispute between parties - Allegation against seven persons of having caused injuries to injured who are two in numbers - None of injuries caused on vital part of body of victim - Intention to cause death is thus, missing - Accused rightly..........
