Attempt to Murder—Charges framed by ignoring the fact that there was no medical opinion on record—Matter remanded back

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By phlaw| July 8th, 2019|Attempt to Murder|Comments Off

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Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence

August 10th, 2018 | Comments Off on Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence
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Attempt to Murder—Acquittal-Gun Shot- Allegation that petitioners was carrying pistol and sword–No specific role was attributed to them–FIR was lodged against unidentified person- -No test identification parade was conducted

May 23rd, 2018 | Comments Off on Attempt to Murder—Acquittal-Gun Shot- Allegation that petitioners was carrying pistol and sword–No specific role was attributed to them–FIR was lodged against unidentified person- -No test identification parade was conducted
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Indian Penal Code, S.307 & S.308–Attempt to Murder-Attempt to Culpable Homicide–Injuries were result of hurling of bricks-Held; offence falls under S.308 IPC and not S.307 IPC–Directed accordingly.

September 5th, 2017 | Comments Off on Indian Penal Code, S.307 & S.308–Attempt to Murder-Attempt to Culpable Homicide–Injuries were result of hurling of bricks-Held; offence falls under S.308 IPC and not S.307 IPC–Directed accordingly.
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Indian Penal Code, 1860, S.307–Attempt to Murder—Acquittal-Accused who was armed with a dattar, delivered only one injury on the backside of the thoracic region- He had a chance to repeat his attack, but he had not used dattar to repeat blows on him

July 24th, 2017 | Comments Off on Indian Penal Code, 1860, S.307–Attempt to Murder—Acquittal-Accused who was armed with a dattar, delivered only one injury on the backside of the thoracic region- He had a chance to repeat his attack, but he had not used dattar to repeat blows on him
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Indian Penal Code, 1860, S.307—Attempt to Murder—Acquittal-Compounding of Offence—Gun Shot was fired but no injury has been caused on the person of complainant—Nothing mentioned whether the weapon was recovered or not

June 29th, 2017 | Comments Off on Indian Penal Code, 1860, S.307—Attempt to Murder—Acquittal-Compounding of Offence—Gun Shot was fired but no injury has been caused on the person of complainant—Nothing mentioned whether the weapon was recovered or not
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Attempt to Murder-Gunshots-Acquittal–Prosecution version that accused opened fire at police party to escape from their custody and in return police also fired shot-Allegedly only one shot was fired by accused and police

March 20th, 2017 | Comments Off on Attempt to Murder-Gunshots-Acquittal–Prosecution version that accused opened fire at police party to escape from their custody and in return police also fired shot-Allegedly only one shot was fired by accused and police
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lnjured witness–The evidence of injured witnesses will have to be placed on a higher pedestal, inasmuch as their presence at the scene of occurrence can never be doubted

March 14th, 2017 | Comments Off on lnjured witness–The evidence of injured witnesses will have to be placed on a higher pedestal, inasmuch as their presence at the scene of occurrence can never be doubted

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