Indian Penal Code, 1860, Section 307 -- Attempt to murder - Factors taken into consideration while holding an accused guilty of offence are : (i) Intention or knowledge (ii) Nature of weapon used (iii) Manner in which it is used (iv) Motive of crime (v) Severity of the act (vi) The part of the body where injury is inflicted...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Alteration in conviction - Accused inflicted more than two blows, out of which one hit left side of chest of injured - Having a knife in hand and hitting victim with intention to inflict injuries, it cannot be said that accused would not have any knowledge of the fact that hitting with knife may result in death of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere statement that accused/sister-in-law of victim insisted victim to involve in illicit activity and on denial by victim accused tortured her held, not tenable as other allegation of prosecution that husband of victim suspected her character, killed her in the night by taking her out of dwelling hut on some pretext are..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving by bus driver - Injuries sustained by PW1 and other passengers of bus due to accident - None of PWs stated with regard to high speed of vehicle - It was admitted that bus was driven in normal speed by accused - Except PW1, all PWs turned hostile - Injuries suffered by PW1 and other passengers were..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Incident occurred in the dark night - Accused unable to visibly identify any human form ahead and fired from out of a zeal to scare the thieves which unfortunately hit the deceased - Fact that accused may be cautioned not to have shot because the risk existed of shot hitting to anybody who is present at the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - The basic ingredients of the provision are suicidal death and abetment thereof - To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative - Any severance or absence of any of this constituents would militate against this indictment -..........
Evidence Act, 1872, Section 113A -- Scope - Provision permits a presumption as to the abetment of suicide by a married woman by her husband or any relative of his, if it is proved that she had committed the act within a period of seven years from the date of her marriage and that her husband or such relative of his had subjected her to cruelty - Explanation to the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute over a trifle matter - Accused overpowered by an uncontrollable fit of anger so much so that he was deprived of his power of self control and fired at deceased and injured - Facts do not conclude that accused had the intention of eliminating anyone of those fired at though he had knowledge it..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Incident occurred long back in the year 1996 - Parties settled the matter - In view of conduct of accused in removing the injured to hospital soon after the incident, sentence of accused set aside - However, compensation of Rs.50,000/- as directed by High Court remains the..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Confession - Prosecution relied upon confessional statement of PW3 - PW3 became approver and challenge to the same negated by trial Court and High Court - Statement of PW3 thus, becomes admissible in evidence in view of Ss.133, 114 of Evidence Act - Moreover, confessional statement of PW3 gets full..........
