Indian Penal Code, 1860, Section 307, 325 -- Attempt to murder - Victim not supported prosecution case and declared hostile - Entire case is based upon sole testimony of wife of victim - Accused had no intention to commit murder of victim, as he was having sharp edged instrument but as per allegation he has used blunt portion and that too only once - Only single blow was..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Fake encounter - FIR registered against deceased u/s 307 IPC and Ss.25, 27 of Arms Act - Compensation to wife of deceased - Deceased killed by police party by opening indiscriminate firing at him when he was sitting in his car and caused 23 injuries to which he succumbed at the spot - Deceased had not..........
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Claim for parity - In the instant case, petitioner planted bomb in Samjhauta express resulting in death of 68 persons - Petitioner claiming parity with another accused who has..........
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Evidence Act, 1872, Section 25 -- Bail - Petitioner claimed bail on ground that he is in prison for past 6 years and no evidence is available against him - However, out of 299 witnesses, more than 260 witnesses has already been examined - Trial Court..........
Indian Penal Code, 1860, Section 307, 326, 506 -- Attempt to murder - Evidence of victim and eye witnesses shows that grievous injuries on victim were caused by accused - Exhortation of accused at the time of assault and his intention to hit the victim on head transpiring from evidence of victim and other witnesses also leaves no doubt that intention of accused was to..........
Indian Penal Code, 1860, Section 307, 326, 506 -- Attempt to murder - Quantum of sentence - Accused sentenced to suffer life imprisonment which is maximum sentence which may be awarded to said crime - No doubt criminal case for murder of father of victim is recorded against accused, but he was acquitted from the same - In view of proportionality of crime of indeterminate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder - Initially case was registered u/s 324 IPC and where after injured were referred for medical treatment - Deceased died after 4 days of incident on account of unhygienic medical treatment - Persons who came on spot and saved injured not examined by prosecution - Weapon of assault recovered from open..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Knife blow on stomach - Seat of injury in itself is vital and it cannot be said that intention of accused was not cause death - Conviction upheld - Considering nature of injury and looking to seriousness and magnitude of incident, benefit of probation rightly given...........
