Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No substantive evidence against accused - All witnesses of fact declared hostile - Prosecution failed to prove its case against accused - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Order framing charge - Injuries received by victims were so trivial that medical officer did not even suggest X-ray examination - Ex-facie there is no evidence on record to show that accused intended to kill victims - Injuries were received in a flurry of brick bats being thrown by accused who were part of mob..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Gunshot injury on non vital part of body - Offence does not fall within category of attempt to murder or a heinous crime...........
Indian Penal Code, 1860, Section 307, 504, 506 -- Attempt to murder - Compromise - Parties closely related to each other - Moreover, gunshot injury sustained by victim is on his no, vital part of body, which does not fall in the category of either attempt to murder or of heinous crime - Criminal prosecution against accused in such circumstances would be exercise in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Gu, shot injury - Independent witnesses not supported prosecution case - Fire arm injury proved on record - However, accused fired at victim without pre-meditation - Injury suffered by victim was not on vital part of his body - Prosecution failed to prove that accused intended to cause death of victim -..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attempt to murder - Testimony of witnesses - Reliability - Victim was shot at her back after she refused to marry accused - Arrest memo shows that accused was arrested on day of incident proved by Sub-inspector - Testimony of victim corroborated by testimony of independent and eye-witness to..........
Indian Penal Code, 1860, Section 84, 302, 307, 309, Evidence Act, 1872, Section 3 -- Insanity - Offence u/ss 302, 307, 309 IPC - Appreciation of evidence - Witnesses specifically stated that accused was suffering from mental disorder for last near about 2 years prior to date of incident - Even, these witnesses were neither declared hostile nor anything has been elicited..........
