Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Benefit of probation u/s 4 of the Act or u/s 360 of Cr.P.C. - Held : (a) Benefit of probation cannot be extended where sentence imposed for can be upto life imprisonment; (b) Court cannot extend the benefit of probation u/s 4..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused not armed with weapons - Altercation taking place in dhaba - Accused using `Palta' an instrument used for cooking, as weapon for causing injuries - Injuries on vital parts simple - Grievous injuries were on non vital parts - This shows accused had no intention to kill - Intention was to beat the..........
Indian Penal Code, 1860, Section 307, 324 -- As per prosecution evidence, injury was simple in nature and not on the vital part of the body of injured - Conviction of accused u/s 307 IPC altered to one u/s 324 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Shot fired but missed its target - Conviction u/s 307 IPC maintained - Sentence reduced from ten years to five years...........
Indian Penal Code, 1860, Section 307, 324 -- Attempt to murder or voluntarily causing hurt - Appellants and co-accused allegedly assaulted informant and others - Injury report not proved as no doctor examined - No evidence that injuries were caused by appellants on vital parts of the body - Even investigating officer was not examined - Accused persons also filed a case..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Held, important thing to be borne in mind in determining question whether an offence u/s 307 IPC is made out is the intention or knowledge and requisite intention or knowledge of accused must be such as is necessary to constitute murder - Hence, for limited purpose of appreciating question as to whether there was..........
Indian Penal Code, 1860, Section 307, 324 -- Attempt to murder - It is not the injury, but intention to cause injury which is deciding factor to fix liability u/s 307 of the Code - Accused alongwith others went to spot and attacked deceased and caused his death and also caused injuries on injured - Other accused persons found guilty of murder - Held, though injuries caused..........
Indian Penal Code, 1860, Section 436, 307, 324 -- Mischief by fire and causing injury - Proof - Prosecution allegation that accused was one of terrorist, who set house on fire causing injury on person of informant - Version of informant contradicted by witness who stated that accused was his neighbor, residing in the house, just beside his house and he was not among the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Benefit of doubt - Cannot be given on basis of assumptions and presumptions - Accused acquitted on surmises and suspicion - No interference...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - No strong motive - However, accused had knowledge that his act may even cause death - Incidentally gun shots did not injure victim at any of his vital organs - Minor discrepancies not fatal to prosecution case when statement of eye witnesses not doubtful - Statement of accused u/s 313 Cr.P.C. to some extent in..........
