Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW24 - Quarrel happened suddenly between deceased and A-2 while consuming liquor - Though it is stated that A-1 had made an attempt to shoot the deceased - Very said fact alone cannot be a ground to bring it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 324, 34 -- Anticipatory bail - Attempt to murder - Investigation of case is still going on and I.O is yet to file the charge sheet - Accused is a young person who is a student and he had agreed to bind himself with any conditions fit to be imposed by Court - Anticipatory bail granted with..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Compromise arrived at between parties - No accused has been declared proclaimed offender - Accused are aged about 45 and 46 years respectively and belong to poor strata of society - They are not previous convicts and suffering ignominy of trial for last more than 2 decades - Even, after..........
Indian Penal Code, 1860, Section 307, 392, 397, 120B -- Attempt to murder - Complainant was abducted and two accused made an attempt to kill him but he escaped - Injuries sustained by complainant in the incident match the case of prosecution - An attempt was made by two accused to dispose of the body of complainant by burning the body - There were burn injuries on both his..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of eye witnesses - Allegation that accused poured kerosene oil upon PW1 and threw a matchstick upon him - However, despite lodging of FIR immediately after the incident, kerosene soaked clothes of PW1 and can of kerosene oil were not recovered - As per prosecution not a single article was burnt in the..........
Indian Penal Code, 1860, Section 307, 332 -- Attempt to murder - Merely because injuries sustained by complainant were simple in nature, that would not absolve accused from being convicted for offence u/s 307 IPC - Intention coupled with overt act committed by accused is important...........
Indian Penal Code, 1860, Section 307, 332 -- Attempt to murder - Accused tried to assault complainant with gupti that too on his head, proved on record - Though complainant received injury on his right shoulder while avoiding blow on his head from blunt part of Gupti, such an overt act on part of accused would be covered u/s 307 IPC - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Where testimony of victim is reliable, delay in registering FIR, delay in forwarding FIR to Magistrate, non-examination of person who brought victim to hospital, all pales to insignificance and those lapses no way impinge the credibility of testimony of victim...........
