Indian Penal Code, 1860, Section 302, 307, 309 -- Offence u/ss 302, 307, 309 IPC - Recovery of blood-stained farsa and shirt - Cannot be considered to be incriminating circumstances in absence of evidence...........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For the purpose of framing of charge u/s 307 IPC, primarily intent of accused is to be assessed - Exact nature of injuries suffered is purely secondary - There may be situations where charge u/s 307 IPC can be framed even without any injury being caused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - All four injured persons received injuries on the skull - Repeated blows were rained on the head of injured by accused which is sort of murdering the victims - Injuries were inflicted with significant force and went up to depth of bone - Therefore, discharge..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 9 -- Murder - Attempt to murder - Test identification parade (TIP) - Validity - Photograph of accused after his arrest published in newspaper - No question put to PW1 as to whether he has seen said photograph or not - Evidence on record shows that PW1 has not seen photograph of accused before TIP..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No evidence on record that accused `L' was having any common intention with Co-accused `B' - PWs stated that they heard some noise at the spot but they did not state as to who fired and how many persons were involved in the occurrence - PW5 stated that he did not identified the person who..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Single injury found simple in nature on injured, which completely throws away the prosecution story regarding attempt to murder and makes it unreliable - There is complete absence of evidence to infer that accused `B' was having any intention to commit murder of injured - Conviction altered from S.307 to 323..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
