FIRST LAW

Penal Code, 1860 – S. 307 - Attempt to Murder - the offences U/s 307 and allied sections of penal code is the offence against the society, irrespective of the fact to whom it was caused and to gauge the gravity of the offence, nature of weapon used, seat of the injuries and number of the assault inflicted upon the injured are guiding factors.

The Indian Penal Code, 1860 - Section 307 - Attempt to Murder - Stabbing a person with a knife, near his vital organs would in most circumstances lead to the death of the victim, thereby falling squarely within the meaning of Section 307.

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 307, 294 r/w. 34 - High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute -  Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-­compoundable offence.

Penal Code, 1860 - S. 307 - Attempt to Murder -  the intention of the assailants was only to cause some injury and they had no intention to commit murder. Their intention was only to ward off PW2 from the scene. They did not endeavour to chase him and finish him off. Therefore, the prosecution has not established that the accused committed the offence u/s 307 of I.P.C.

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

Code of Criminal Procedure, 1973 -  Section 438 -   Grant of Anticipatory Bail -  While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]