Indian Penal Code, 1860, Section 307, 34, 323 -- Attempt to murder - Semi-circular injury sustained by victim, which was caused by sword as per victim - However, semi-circular injury cannot be caused by a sword - Even otherwise, sword was not produced before Court and same was not blood stained - Injured consumed alcohol and he himself admitted that he fell down -..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - Prior enmity between parties - Complainant was aggressor party - Accused also received injuries on their person in this very occurrence - True genesis of occurrence withheld by prosecution from Court - Inconsistencies and contradictions in statements of injured witnesses found - Recovery of axe and sticks..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 379B, 324, 325, 341, 506, 148, 149 -- Anticipatory bail - Offence u/ss 307, 326, 379-B, 324, 325, 341, 506, 148, 149 IPC - Allegations prima facie indicating a brutal attack on complainant resulting in multiple grievous injuries with sharp edged weapons at the hands of present accused or..........
Indian Penal Code, 1860, Section 307, 326, 147, 149 -- Attempt to murder - Order framing charge - Prima facie case is made out against accused u/s 307 IPC - Trial Court rightly framed charge u/ss 307, 326, 147, 149 IPC - No interference warranted...........
Criminal Procedure Code, 1973, Section 372, 385(2), Indian Penal Code, 1860, Section 302, 307, 201, 34 -- Appeal against acquittal - Dismissal of appeal by High Court cursorily and by a cryptic order - Impugned order set aside - Matter remanded - High Court to decide appeal afresh on merits...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Running tractor over legs of injured - Intention or knowledge to cause death cannot be inferred - Offence u/s 307 IPC not made out...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 504, 506, 147, 120B -- Bail - Accused not named in FIR wherein six persons specifically named - Deceased was in consensual relationship with applicant and there was some dispute relating to monetary transaction between deceased and applicant - Only allegation against accused was of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Charge u/s 307 IPC - No material available on record to frame charge u/s 307 IPC - Court below while framing charge against accused merely acted as post office, who accepted charge-sheet u/s 173 Cr.P.C. verbatim without making any effort to ascertain whether prima facie..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 324, 427, 452, 34 -- Compromise - Quashing of FIR - Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Matter still under investigation - Injured victim entered into compromise and recorded his statement in this regard before trial Court and there is rare, rather nil possibility of victim..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Causing of wounds by itself is not sufficient for making out offence u/s 307 IPC - Rather, causing hurt is not at all necessary for making out the offence punishable u/s 307 IPC...........
