Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of 11 punctured and bleeding wounds and use of fire arm, leaves no doubt that there was intention to murder - Even, ocular evidence is cogent and corroborated by medical evidence - Thus, second part of S.307 IPC is attracted - Order of conviction..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 9 -- Attempt to murder - Non-conducting of Test Identification Parade (TIP) - PW7 suffered a fire arm injury at the hands of accused - He has given detailed sequence of events - Complainant also deposed on similar lines as PW7 - It was complainant who chased and apprehended..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Hostile witness - Appreciation of evidence - As per prosecution, accused fired gunshot in presence of eye-witnesses - Eye-witnesses turned hostile and stated that accused persons present in Court did not fire at deceased - Accused were arrested from thickly populated areas but no independent witnesses was associated - More..........
Arms Act, 1959, Section 17(3) -- Cancellation of firearm license - Mere pendency of criminal case or apprehension of abuse of arm is not a sufficient ground for passing order of suspension or revocation of licence u/s 17(3) of the Act...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Prior enmity between parties - Injury No.2 was caused by fire arm, which is dangerous to life as per Doctor/PW12 - Pistol was also recovered from A-2 - Accused rightly convicted u/ss 307, 34 IPC - Since occurrence was of the year 2000, after considering facts and circumstances of case and also age of accused..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gunshot injury - All eye witnesses of incident turned hostile - There was thus, absolutely no evidence to prove the fact that accused was present at the spot and came with an unlicensed fire arm which he fired in air five times and sixth one injured the deceased - Although six empty..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Gunshot injury - Deceased suffered only one injury on interior aspect of thigh by A-1 - Entry wound was on back of left thigh of deceased - There is no blackening, charring on exit wound - If A-1 was having intention to commit murder of deceased and used fire arm for that purpose,..........
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - Testimony of PW2 sister of deceased, an injured witness - However, injuries found on person of PW2 were not received by her on the date of incident as per evidence of PW3/doctor - PW2 is thus, not a reliable witness and her testimony is liable to be discarded while complicity..........
