Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Single Farsa blow on account of which though victim admitted in hospital but there is no supplementary report or record to show period of hospitalization or surgery if any conduction on him - In absence of said record, single injury may not be considered to be dangerous to life of victim, particularly when..........
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Role of exhortation - Evidence of exhortation is in very nature of things, a weak piece of evidence and may not be safely relied - There is tendency to implicate some more persons in addition to real assailants by attributing them role of exhortation...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - No overt act assigned to accused except role of exhortation - However, there is no cogent, reliable and independent witness worth reliance to show presence of accused at the place of occurrence or of any exhortation by him to co-accused for throwing bomb for attempting on life of police personnel - Alleged..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Grievous hurt - Intention - Injuries caused on vital part of body with weapons including knife - Held, even if injuries caused are not dangerous to life still offence u/s 307 IPC is made out as intention is writ large - Charges rightly, framed...........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Attempt to murder - Identity of accused - Alleged assault upon injured witnesses were sudden when they were sleeping - Injuries inflicted within 2 minutes only - It is unbelievable that a person who was sleeping will identify assailants in 2 minutes that too during mid night - Name of assailants not mentioned in..........
Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Offence u/ss 307, 323, 324, 34 IPC - Injuries on PW2 were simple in nature - There is no consideration of nature of injuries in conviction u/ss 307, 34 IPC - Conviction of accused u/s 307 IPC set aside - However, conviction of accused u/ss 323, 324, 34 IPC not interfered with...........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Injuries sustained by injured witnesses were not grievous in nature and cannot be considered to be dangerous to their lives - Parties were co-sharers and there was no previous enmity - Accused not having any motive to cause death of any of three victims - Injuries were caused from distance space - Possibility..........
Indian Penal Code, 1860, Section 376, 307, 323 -- Rape - Subsequent report does not show any injury on private part of prosecutrix as injured remained unconscious for 5-1/2 months - Merely of this reason, prosecution case cannot be thrown though period intervening is substantial...........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
