Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - PW2 and PW4 were declared hostile and have not seen the occurrence - There is no eye witnesses to occurrence - Contradictions in the depositions made by PWs in regard to place of occurrence and manner of occurrence as to how much blows of lathi was given to injured persons - There are discrepancies regarding..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract offence u/s 307 IPC, there must be proof of an intention to cause death...........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
Indian Penal Code, 1860, Section 307, 323, 324, 149 -- Attempt to murder - Reduction of sentence - Incident occurred in the year 1996 - Appellants have undergone a considerable period of incarceration out of total sentence of 7 years R.I. and have also suffered mental agony and trauma of protracted trial - Sentence reduced to period already undergone by appellants -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Indian Penal Code, 1860, Section 307, 504, 509, 506 -- Attempt to murder - Non-explanation of injuries suffered by accused - Failure to account for injuries suffered by accused raises serious doubts regarding prosecution story and suggests possibility of a different sequence of events than one projected by prosecution - There is also difference of opinion with regard to..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 307, 498A, 324, 326 -- Attempt to murder - Injured sustained four injuries out of which three were found to be simple in nature and one injury was found to be grievous and dangerous to life - Therefore, offence u/ss 307, 326 IPC is clearly made out against appellant and trial Court has rightly convicted appellant for offence u/ss 307, 326..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
