Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused injuries to PW1 with knife several times with intention to commit murder - Assault was not sudden but planned and premeditated, as accused attacked due to enmity - Weapon used and signs of injuries and manner of attack clearly bring home the intention of accused in committing the offence - Accused..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Occurrence was of the year 1989 - Accused is now aged 50 years and is sole breadwinner of family - Undergoing 7 years R.I at this distant point of time would be too harsh - Sentence reduced from 7 years to 3 years...........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
Indian Penal Code, 1860, Section 300 -- Murder - PW3 stated to be an auto-driver who, according to him, when was crossing road, saw occurrence - At same time, he stated that he left place - It could not be pointed out as to at whose instance it became know that witness was also an eye-witness - Other witnesses did not name him as an eye witness atleast in their initial..........
Indian Penal Code, 1860, Section 300 -- Murder - PW3 has stated that at time of occurrence, he was driving auto and at other place, it is stated that he was standing at corner when he saw incidence - It has also come on record that he was known to family of victim - Therefore, possibility cannot be ruled out that at instance of family members of deceased, he agreed to give..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 181, 192, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent driving - Non-fatal accident - Quashing of FIR - Compromise arrived at between parties - Interest of justice would be met, if proceedings are quashed - It is a fit case to exercise the powers u/s 482 Cr.P.C. - FIR and..........
Indian Penal Code, 1860, Section 342, 392, Navy Act, 1957, Section 77(2) -- Bank robbery - Chance finger prints - Chance fingers prints found identical to finger prints of accused `A' and `U' - However, negatives of such finger prints were not produced - Such lapse cannot result in acquittal - Criminal trials should not be made casualty for such lapses in investigation or..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B -- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Deceased committed suicide after 5 years of her marriage by jumping into well - No evidence as to specific demand of dowry soon before death of deceased - Demand if any was made before two years of death of deceased - There is also no any evidence on record about any ill..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained articles - It is neither necessary nor always possible for prosecution to link the blood to injury by grouping and it may be sufficient for prosecution to establish the existence of human blood on recovered articles...........
