Indian Penal Code, 1860, Section 307,324 -- Nature of offence - No repetition of shot - Unsafe to conclude that appellant had the requisite mens rea to cause murder of the injured as rest of the injuries were on non vital part of body on arm and hand - Injured was not hospitalised and was discharged after his medical examination - None of the two assailants, who were armed..........
Indian Penal Code, 1860, Section 307 -- Reduction of sentence - Accused convicted u/s 307 IPC and sentenced to seven years RI - Accused 92 years of age - Incident occurred three decades ago - Accused had no criminal record - Sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 307, 302 -- Grant of bail - Incident took place at 9 P.M. on highway where there was no source of light - Five persons, including applicant, are alleged to have fired indiscriminately at deceased - All the accused are alleged to be armed with licensed and illicit firearms but only..........
Criminal Procedure Code, 1973, Section 304, 303, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Fair trial - Bomb planted by accused in a bus - Accused a Pakistani national - Four persons killed in blast - Trial of accused - Accused unable to engage counsel of his own for want of sufficient means - State providing a counsel..........
Criminal Procedure Code, 1973, Section 304, 303, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Criminal trial - Economic offences - Free legal aid - Accused unable to engage counsel - Under Cr.P.C. Court is required to appoint a counsel for accused at expenses of State - However, same yardstick is not applicable in respect..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307 -- Bail - Disposal of sessions trial in which applicant is in jail has been stayed by High Court - There is definitely no likelihood of disposal of the same in near future - Held, applicant should be released on bail - Bail granted...........
Prevention of Corruption Act, 1988, Section 5(2), 26, Criminal Procedure Code, 1973, Section 306, 307, 308 -- Corruption case - Trial of case by Special Judge - Special Judge has power to grant pardon at any stage of the case - There is no stipulation in the provision that power can be exercised by Special Judge only at the stage of trial...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Offence u/s 307 IPC - Parties compromised - Offence u/s 307 IPC not compoundable - Offence which is not compoundable cannot be allowed to be compounded even if there is any settlement between the parties - However, settlement can be taken into consideration for determining the quantum of..........
Indian Penal Code, 1860, Section 307 -- One injury on head with Kulhari with sharp edged weapon - Does not attract S.307 IPC when that injury has been found to be simple in nature - Conviction altered from S.307 IPC to S.324 IPC...........
Criminal Procedure Code, 1973, Section 306, 307 -- Accomplice - Pardon - The principle of tendering pardon to an accomplice is to unravel the truth in a grave offence as the guilt of other accused persons concerned in commission of crime could be brought home - Pardon can be granted at any stage of the investigation or inquiry or trial on condition of his making a full and..........
