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ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - For the purpose of conviction u/s 307 IPC, prosecution has to establish that : (i) intention to commit murder; and (b) act done by accused - Burden is on prosecution that accused had attempted to commit the murder...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intention of accused - To be gathered from circumstances like, nature of weapon used, words used by accused at the time of incident, motive, parts of body where injury was caused and severity of blows given etc...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused simple or minor will not by itself rule out application of S.307 IPC - Determinative question is the intention or knowledge, as the case may be, and not the nature of injury...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused allegedly fired at injured which struck right side of his chest - Injury report shows that injury was dangerous to life - Keeping in view the situs of injury, severity of blow and requisite mens rea to cause murder, conviction of accused u/s 307 IPC is unassailable - Accused rightly convicted...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Medical report that injuries suffered not dangerous to life - Even injured himself disclosed at initial stage that he sustained injuries due to fall and said fact also finds mention in medical slip of injured - Statement of injured cannot be ignored and if this is taken into consideration prosecution story is full..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307, 382, 498 -- Attempt to murder - Quashing of FIR - In the interest of justice, even non compoundable cases which are settled between the parties can be decided in terms of settlement between parties...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307, 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Attempt to murder - Allegations of demand of dowry, torture and attempt to set victim on fire against family members of husband - Neither any specific date has been mentioned nor there is any injury report on record - Rather it is a case of no injury - Circumstances show that..........

KERALA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intention of accused was only to inflict injury and not to cause death - Intention can be gathered from circumstances like nature of weapon, words used by accused at time of attack, motive behind attack and its severity - Thus, accused has committed offence u/s 324 IPC...........

KERALA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Intention to cause death - Cause of injury was due to assault with stone and no fracture was found on head - As per medical evidence such injury was not sufficient to cause death - Oral testimony and medical evidence shows that accused has no intention to cause death of deceased -..........

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