Indian Penal Code, 1860, Section 147, 307, 149 -- Five accused armed with weapons assaulted victim in midnight when he was sleeping in his house - Brother of victim and a neighbour claimed to be eye witnesses - Defence of denial and false implication - Motive assigned found to be weak, infirm and tenuous - One victim armed with gupti but no punctured wound found on victim..........
Indian Penal Code, 1860, Section 302, 302, 34, 307, 34, 449 -- Murderous assault - At about 9.30 a.m. accused persons came in front of house of deceased and all of them entered inside the outer gate of the house and starting raising 'Lalkara' for teaching them a lessor for taking possession of the plot - At that time deceased and his brother were present in the house -..........
Prevention of Terrorism Act, 2002, Section 3, 4, 5, Indian Penal Code, 1860, Section 121A, 302, 307 -- FIR - Initially registered under IPC - Offences under POTA added/invoked later on - No mala fide on part of Police shown - Inclusion not bad/motivated...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 307, 323, 324 -- Private defence -At 8.30 P.M. at night when it is dark and there is tension between neighbours opposite party attacking appellant's house and started throwing bricks and stones, causing damage to window panes - It caused apprehension in the mind of accused-appellant that he and his family..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is not essential that bodily injury capable of causing death should have been inflicted - Determinative question is intention or knowledge and not nature of injury - An accused cannot be acquitted of the charge u/s 307 IPC merely because the injuries inflicted on the victim were in the nature of simple hurt...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 307 -- Appeal - Suspension of sentence during pendency of appeal - Conviction u/s 307 IPC and accused sentenced to 5 years RI out of which accused had undergone one year, one month and twenty five days imprisonment - Hearing of appeal to take long time - Sentence suspended during pendency of..........
Indian Penal Code, 1860, Section 307, 34 -- Three fire arms used in incident but only one person injured - Raises a doubt about the authenticity of the prosecution version - Case not proved beyond reasonable doubt - No interference in order of acquittal...........
Indian Penal Code, 1860, Section 307, 324, Arms Act, 1959, Section 27 -- Injuries received on fingers and thigh - Injuries of simple nature - Merely because gun was used, that by itself is not sufficient to bring the offence u/s 307 IPC - Conviction and sentence altered from 307 IPC to Section 324 IPC and conviction under S.27 Arms Act upheld - Sentence reduced to already..........
Indian Penal Code, 1860, Section 307, 34, 323, 34, Criminal Procedure Code, 1973, Section 357 -- Attempt to murder - Both hands amputated - Accused sentenced to 10 years rigorous imprisonment - High Court reduced sentence of second appellant from ten years to seven years - High Court further directed appellant No.1 to pay Rs.1 lac and second appellant to pay Rs.50,000/- as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injuries received by accused - No suggestion to prosecution witnesses that they assaulted accused as a result of which he suffered injuries - In absence of such suggestion plea of receiving injuries by accused cannot be accepted - Though burden is heavy on prosecution to prove every ingredient of offence and..........
