Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Indian Penal Code, 1860, Section 326A, 326B -- Acid attack - Merely because title to S.326-A IPC speaks about grievous hurt by use of acid, it is not a requirement under the Section that injuries caused should be invariably grievous - Even if seven injuries as referred under both the Ss.326-A, 326-B IPC are simple, mere act of throwing or attempt as indicated in the..........
Contempt of Courts Act, 1971, Section 2(c)(iii) -- Contempt of Court - Filing of false affidavit and attempting to mislead Court - Filing of affidavit by appellant was supported by contemporaneous official record, which cannot be termed as an attempt to obstruct due course of administration of justice - More so, High Court unjustly proceeded against appellant without..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Role of exhortation - Evidence of exhortation is in very nature of things, a weak piece of evidence and may not be safely relied - There is tendency to implicate some more persons in addition to real assailants by attributing them role of exhortation...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - No overt act assigned to accused except role of exhortation - However, there is no cogent, reliable and independent witness worth reliance to show presence of accused at the place of occurrence or of any exhortation by him to co-accused for throwing bomb for attempting on life of police personnel - Alleged..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that there has been an attempt to..........
Indian Penal Code, 1860, Section 295A -- `Wink' in picturization of a folk song - Does not tantamount to an insult or attempt to insult the religion or the religious beliefs of a class of citizens - FIR quashed...........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Attempt to murder - Identity of accused - Alleged assault upon injured witnesses were sudden when they were sleeping - Injuries inflicted within 2 minutes only - It is unbelievable that a person who was sleeping will identify assailants in 2 minutes that too during mid night - Name of assailants not mentioned in..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Reliability - Dowry death - Accused specifically deposed against husband and i, laws - Doctor recorded dying declaration - No attempt made by accused to reveal incapacity of wife to speak while in hospital - Mere fact that victim's relatives had access to her, is by itself no reason to hold that victim gave a tutored..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 139 kg ganja - No attempt made to investigate alleged supplier of ganja - PW9, driver of vehicle would obviously be interested in liability for seized ganja, being shouldered by accused - No attempt was made to investigate the complicity if any of PW9 in entire affair - Infirmities in..........
