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, 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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Offence u/ss 307, 326, 324, 34 - Appreciation of evidence - Evidence on record shows that weapon used for committing offence not recovered or seized - As per evidence of PW2 (Doctor), no injury found to be more deep then soft tissue level - Moreover, evidence reveals that all injuries are simple in nature and no surgeon..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 27 -- Offence u/ss 307, 34 IPC and S.27 Arms Act - Gun shot - PW1 claimed in Court that bullet is still lodged in his chest - No scientific or medical evidence to corroborate this version - Nothing to indicate as to whether bullet was removed from the body of PW1 or not - Weapon of offence not recovered -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 379B, 324, 325, 341, 506, 148, 149 -- Anticipatory bail - Offence u/ss 307, 326, 379-B, 324, 325, 341, 506, 148, 149 IPC - Allegations prima facie indicating a brutal attack on complainant resulting in multiple grievous injuries with sharp edged weapons at the hands of present accused or..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Long standing land dispute between parties - Accused due to said dispute in order to teach lesson to complainant party attacked them with deadly weapons - Evidence of PW7 an injured eye witness coupled with other independent witnesses supported prosecution case - Medical evidence corroborated..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife by husband - Attempt to murder daughter - Circumstantial evidence - Accused acquitted as circumstances established do not bring forth a chain of circumstances as : (i) Accused was not present in the home at the time of incident and thus, abscondance of accused at the spot does not arise; (ii) Arrest of accused in..........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
