Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Identification of accused - Assailants despite being known to accused were not named for two years and subsequently accused not only got implicated in one FIR but only thereafter they had been named in the subsequent complaint - There is no incriminating evidence against accused - Prima facie case is not made..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction u/s 307 IPC may be justified only if accused possessed intent coupled with some overt act in aid of its execution - Ascertaining intention to kill or having knowledge that death may be caused as a result of overt act, is a question of fact and hinges on the unique circumstances that each case may..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecution story has been demolished by oral testimonies of witnesses including the medical experts, coupled with the contents of FIR registered by a hearsay witness - No motive attributed to appellant or to co-accused, in order to justify their conviction u/s 307 IPC - Both the injured witnesses during their..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Oral evidence of eye witnesses - There is not even a whisper about the alleged eyewitnesses joining the investigation - Said witnesses were apparently ghost witnesses who neither had their statements recorded by I.O u/s 161 Cr.P.C. nor were they produced by prosecution before Trial Court - Similarly, no attempt..........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Sole eye witness of the occurrence i.e. complainant died during pendency of the case and his testimony could not be recorded in the Court - Identity of accused could not be established - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Accused was not identified - Though in the FSL report, it was mentioned that empty cartridge was fired from licensed pistol of accused, yet in the absence of identity of accused, said fact alone cannot be a conclusive evidence to hold accused guilty - There were contradictions in the testimony of PWs..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract the offence u/s 307 IPC, victim need not to suffer any kind of bodily injury...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Quantum of sentence - Accused as a consequence of attempt to do away the life of complainant, has caused him spine injury and resultantly he became paralyzed - Case falls under Second part of S.307 IPC - Maximum sentence as prescribed under first part of S.307 IPC is not exceeded 10 years and in second part of..........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Presence of A-5 and A-6 at the scene of crime with the other co-accused amounted to an unlawful assembly which is sufficient for their conviction - Their active role in surrounding the deceased with the common intention to kill him proved on record - Motive of crime is also proved -..........
