Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Alteration of conviction - Conviction u/s 307 IPC - Testimonies of PW1 and PW2 and medical evidence do not establish ingredients of S.307 IPC - Appellant had no common intention to cause death - Neither ocular version of PW1 corroborative on this point nor medical evidence - Intention for attempt to..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Accused acquitted as : (i) Unnatural conduct of PW1 not only casts a doubt upon his statement but also renders investigation and timings as recorded in case diary highly doubtful; (ii) Glaring inconsistencies in the statements of fact witnesses; (iii) Motive alleged does not sound logical; (iv) Prosecution version..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - Primary intention of unlawful assembly was to dispossess complainant party - Appellants aim was to assault PW1 and when deceased and others intervened, fatal injuries caused to deceased - Deceased died after 11 days - Eye witness support prosecution..........
Indian Penal Code, 1860, Section 323, 325, 307, 34 -- Attempt to murder - Acquittal - Validity - Incident alleged to have took place on 11.11.2011 - FIR registered on 03.01.2012 - Statement of injured recorded after his discharge from hospital - No identification parade conducted after arrest of accused - Prosecution version that injury was caused with gandasi - However,..........
Indian Penal Code, 1860, Section 376, 307, Evidence Act, 1872, Section 3, 45 -- Rape - Attempt to murder - Conviction - Validity - Accused, cousin of victim, alleged to have entered in room of prosecutrix under false pretext and committed forcible rape on her - After committing rape he attempted to kill her by strangulating her with her `chunni' - On medical examination..........
Indian Penal Code, 1860, Section 307, 320(8), 326 -- Attempt to murder - Causing grievous hurt by dangerous weapons - Proof - Appellant fired a single shot which hit victim's abdomen - He did not repeat injury - Medical opinion is vague - Absence of any corroborative evidence - Held, no offence punishable u/s 307 IPC is made out - Act of appellant would fall within ambit..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction - Validity - Appellant and victim had intimacy - Later on victim did not show interest in carrying on relationship - Appellant inflicted knife blows on victim due to which her spine fractured with no chances of recovery in future - Testimony of eye witnesses trustworthy - Even on testimony of victim..........
Indian Penal Code, 1860, Section 307, 302, 148, 149 -- Accused allegedly caused death of two persons and injuries to others by firing on them and assaulting them with deadly weapons - Gun shot injuries tallied with medical evidence - Reliable eye witnesses stated that there was previous enmity between accused and complainant and litigation was going on between them - Held,..........
Indian Penal Code, 1860, Section 452,307,326 -- Offence of house trespass, grievous hurt and attempt to murder - Allegations that accused after gaining entry into shop of complainant attacked complainant with firearm - Victim sustained some lacerated wounds on his lower lip and teeth - No medical evidence produced on record to prove nature of injuries - Held, facts and..........
Indian Penal Code, 1860, Section 302, 307, 452, 34 -- Murder - Appeal against conviction - Eye-witness, mother of deceased to incident is important eye-witness as she herself is injured by fire shot of accused when trying to cover deceased - Testimony of eye-witness is duly corroborated by statement of informant and also supported by medical evidence - Presence of all..........
