Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
2 weeks, 5 days ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases involving offence punishable under Section 307 of IPC also can be considered, after filing Final Report and not before filing Final Report, if the prosecution materials do not suggest commission of the said offence and also in consideration of the nature of injuries sustained. That is to say, when the courts, while taking a call as to whether compromise in such cases should be effected or not, the Court should go by the nature of injuries sustained, the part of the body where the injuries were inflicted with specific attention to see whether the injuries caused are on the vital/ delicate parts of the body and the nature of weapons etc.” The Court observed that if there is a strong possibility that the charge under Section 307 can be proved, the matter should not be settled. The Supreme Court however directed that the High Court can examine if Section 307 is added just for the sake, or if the prosecution has sufficient materials to prove the offence.

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History of this topic

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
2 weeks, 5 days ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Kerala High Court Admits Plea Seeking Assessment Of Damages And Compensation In Thripunithura Blast
10 months, 1 week ago

Kerala High Court Admits Plea Seeking Assessment Of Damages And Compensation In Thripunithura Blast

Live Law  

The Kerala High Court today admitted the plea filed by victims of the explosion in Thripunithura near NSS Karayogam ground on February 02, 2024 where firecrackers and gunpowder were negligently stored in violation of statutory provisions and without following safety protocols for Puthiyakavu Bhagawathi temple festival fire display. It was also alleged that the firecrackers were obtained for fire display …

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder
1 year, 1 month ago

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder

Live Law  

The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour….As such, the conviction under Section 307, IPC is unsustainable.” Imperatively, while doing so, the Court also …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
1 year, 11 months ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court
3 years, 1 month ago

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court

Live Law  

The Supreme Court observed that, in attempt to murder cases, the intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.The Court observed thus while dismissing appeal filed by accused whose conviction under Section 307 read with Section 34 of the IPC was upheld by the High …

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines
5 years, 10 months ago

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines

Live Law  

A three Judge Bench of Supreme Court of India on Tuesday has issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties. The Bench has then issued the following Guidelines i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the …

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