Indian Penal Code, 1860, Section 398 -- Offence u/s 398 IPC - To attract S.398 IPC, prosecution has to show that accused were in fact attempting to commit either theft or extortion and at that time they were armed with any deadly weapon...........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Weapon of offence discovered on disclosure statement made by accused while in police custody - Seizure witnesses and witnesses to disclosure statement have turned hostile - Moreover, blood stained knife was sent for chemical examination, but blood grouping could not..........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Evidence Act, 1872, Section 3 -- Contradiction between medical evidence and ocular testimony of sole eye witness - Murder case - When medical evidence is contradictory to ocular testimony advanced by sole eye witness, non-production of seized weapon and examination report as to whether that weapon had contained any blood stain is potential to make a dent in credibility of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel and altercation took place between accused and deceased on the issue of accused assaulting his minor children - Weapon used by accused was a natural agricultural apparatus - It is difficult to attribute any pre-meditation or intention to cause death of deceased - Accused assaulted deceased by..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Quashing of FIR - If alleged act can be segregated to mean that it was not in public view nor it was exhibited in public view with deadly weapon and if medical evidence is also based on opinion highlighting happening or non-happening of particular event then offence u/s 307 IPC, can be considered for..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Use of paper cutter as a weapon in committing robbery on neck of victim, which could be fatal is sufficient to terrorize a victim into yielding under fear of an injury, which invites punishment u/s 397 IPC - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324 -- Bail - Offence u/ss 307, 324 IPC - As per MLR, there were 11 injuries on persons of injured out of which 8 were caused by blunt weapon while 3 were caused with sharp edged weapon - Even, attending doctor in medico legal summary opined injuries to be grievous therefore, in view of..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of three cartridges - No fire arm or weapon recovered from petitioner nor had she extended any threat to any person of police official - Petitioner was not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage, especially when her..........
