Indian Penal Code, 1860, Section 307 -- Attempt to murder - Stabbing a person with knife near his vital organs - In most circumstances it will lead to death of victim - Offence squarely falls u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - S.307 IPC is attracted, if a person causes hurt with intention or knowledge that he may cause death...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - If assailant acts with intention or knowledge that such action might cause death, and hurt is caused, then provision of S.307 IPC is applicable - There is no requirement for the injury to be on a `vital part' of the body - Merely causing `hurt' is sufficient to attract S.307 IPC...........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Common intention - A2 and A3 are brothers of A-1 - Though A-2 and A-3 are present on the spot but they were not armed - No evidence brought on record that there was prior meeting of minds between accused and A-2 and A-3 were having knowledge that their brother A-1 was armed with katta - Evidence on record is not..........
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27 -- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Doctor/PW18 who recorded statement of deceased deposed that deceased was in a fit state of mind while making said declaration - Evidence of PW18 fully supported prosecution case - No material on record that deceased was tutored or prompted by anybody so as to create..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Testimony of eye witnesses/interested witnesses - Murder case - Evidence of PW1 and PW4 is consistent, cogent, reliable and trustworthy - Their presence at the scene of incident is natural inasmuch as incident took place in front of their house and that too in the morning - Consistent version was given..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused poured kerosene oil upon his wife and ignited fire, which clearly shows that burn injuries caused with vile intention to kill her - Merely because there was a fight between husband and wife in connection with deceased/wife talking on mobile is not convincing for converting offence u/s 302 IPC..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement of deceased was recorded by ASI PW19 - Dying declaration was certified under the signatures of doctor PW20, which goes to show that deceased was conscious and in a fit condition to give statement - Deceased specifically stated in her dying declaration that accused..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Testimony of eye witnesses - Murder of four persons of same family - Minor discrepancies in the evidence of six eye witnesses with respect to manner of assault, would not be fatal to prosecution case, particularly when number of accused came in a group and assaulted few persons suddenly..........
