Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of eye witnesses - Allegation that accused poured kerosene oil upon PW1 and threw a matchstick upon him - However, despite lodging of FIR immediately after the incident, kerosene soaked clothes of PW1 and can of kerosene oil were not recovered - As per prosecution not a single article was burnt in the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There should be proximity between the act of suicide with the acts and conduct or treatment meted out by accused to the victim or acts which would amount to intentionally aiding or instigating or abetting the deceased to take his/her life...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused was in the habit of drinking and squandering away his property by selling it of and that was the cause of confrontation between accused and his wife - Act of accused do not amount to instigation to commit suicide unless there was something more to add upon - Moreso, accused had already undergone whole..........
Indian Penal Code, 1860, Section 307, 332 -- Attempt to murder - Merely because injuries sustained by complainant were simple in nature, that would not absolve accused from being convicted for offence u/s 307 IPC - Intention coupled with overt act committed by accused is important...........
Indian Penal Code, 1860, Section 307, 332 -- Attempt to murder - Accused tried to assault complainant with gupti that too on his head, proved on record - Though complainant received injury on his right shoulder while avoiding blow on his head from blunt part of Gupti, such an overt act on part of accused would be covered u/s 307 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR - Merely because a civil remedy may be available to complainant that itself not a ground to quash criminal proceeding - On a bare reading of FIR a cognizable offence is made out - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased stopped accused side from digging the foundation - Allegation against accused is of causing injury on the face of deceased - Role of accused is akin to that of other co-accused - Conviction of accused altered from S.302 IPC to S.304(Part II)..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Dead body of deceased was recovered from a place which was accessible to all - A day prior to alleged discovery, PWs 1 & 2 had gone to place where dead body was found - This also raises serious doubt about theory..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
