Indian Penal Code, 1860, Section 307 -- Attempt to murder - Proof - Doctor has certified that at the time of giving statement, patient was in a sound state of mind - It is stated by PWs.10 and 11 that weapon of assault had fallen at the spot and police had come on next day and seized same whereas prosecution case is that the said weapon was recovered as a consequence of..........
Indian Penal Code, 1860, Section 302, 307 -- Material discrepancy in evidence - Motive for offence not established - FSL report not produced - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 302,307 -- Accused allegedly entered house of complainant and caused injuries to him and his wife with knife resulting in death of his wife - Eye-witnesses account that they saw accused killing deceased with knife - Contention of accused that eye-witnesses related to deceased - Held, a witness is normally to be considered to be independent..........
Indian Penal Code, 1860, Section 307 -- Charge u/s 307 IPC framed only as an alternative charge - Charge is only by way of abundant caution and does not prejudice the case of petitioner - Considering the evidence petitioner would be prima facie vicariously liable u/s 34 IPC - Held, trial Court was justified in framing a charge for an offence u/s 307/34 IPC...........
Indian Penal Code, 1860, Section 452,307,326 -- Offence of house trespass, grievous hurt and attempt to murder - Allegations that accused after gaining entry into shop of complainant attacked complainant with firearm - Victim sustained some lacerated wounds on his lower lip and teeth - No medical evidence produced on record to prove nature of injuries - Held, facts and..........
Indian Penal Code, 1860, Section 302,149,307 -- Murder - Attempt to murder and hurt - Accused armed with lathies and guns assaulted complainant party resulting into death of deceased - Testimony of eye witness truthful and corroborated by medical evidence - Adverse inference cannot be drawn for non examination of inhabitants of village particularly when incident is proved..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Appeal against conviction - Accused went to shop of victim to collect money and on refusal fired at thigh with country made pistol and also asked his accomplice to shoot him - Since pistol is a dangerous weapon and subsequent action of accused asking accomplice to fire clearly shows intention to commit murder -..........
Indian Penal Code, 1860, Section 307, 498A, 324, 406, 34 -- Offence u/ss 307, 498A, 324, 406, 34 - Appeal against acquittal - Accused, husband and his family members allegedly physically assaulted complainant and poured kerosene on her body to set her on fire in which they failed - As per complainant match stick landed on her duppatta, she threw it off immediately to save..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320 -- Conviction u/ss 307, 34 IPC - Parties compromised - Incident 20 years old - Appellants agriculturists by occupation and having no previous criminal background - Relations between parties became cordial and parties living peacefully in the village - Appellants already undergone sentence..........
Indian Penal Code, 1860, Ss307, 34, Indian Penal Code, 1860, Section 307, 34 -- Delay in FIR - Explanation of - Occurrence took place at 8.30 A.M. on 19.08.1995 - Injured taken to hospital at 10.30 A.M. - Condition of injured serious - Referred to some other hospital located in another town - Statement of father of injured recorded at 2.45 P.M. on next day - FIR registered..........
