AI Overview...
- Section 307 Not Made Out - Main points and insights:
- Multiple judgments (e.g., Chamkaur Singh VS State of Punjab - Punjab and Haryana, State VS Nanhe Babu - Delhi, Ramashray Prasad @ Ramashray Prasad Singh VS State of Jharkhand - Jharkhand, Diwakar VS Jai Ram - Punjab and Haryana, [RADHEY SHYAM
VS BABU LAL - Allahabad](https://supremetoday.ai/doc/judgement/02500036114)) consistently hold that the evidence did not establish the ingredients of Section 307 IPC (Attempt to Murder).
- Courts have emphasized that simply alleging the use of deadly weapons or attack on public servants does not automatically satisfy the criteria for attempted murder under Section 307.
- In several cases, the courts found that the evidence was insufficient to prima facie establish an attempt to murder, leading to the conclusion that Section 307 IPC was not made out.
- Some judgments clarified that even if other offences (like Section 323 or under Arms Act) are proved, the specific offence under Section 307 requires a higher standard of proof, which was not met.
- In Mukhtyar Singh VS State of Rajasthan - Rajasthan, it was noted that if the evidence does not clearly demonstrate guilt under Section 307, the charge sheet may be quashed.
- Analysis and Conclusion:
- The consistent judicial stance indicates that charges under Section 307 IPC require clear evidence of intent and attempt to cause death, which many cases lacked.
- The courts tend to scrutinize the evidence critically before framing or sustaining charges under Section 307, often ruling that the offence is not made out if the evidence is insufficient.
- Therefore, in cases where evidence falls short, Section 307 IPC should not be invoked, and proceedings should be quashed or charges modified accordingly.
Search Results for "Section 307 Not Made out"
2009 0 Supreme(P&H) 1152 • India - Punjab and Haryana
RAJAN GUPTA
--Order framing charges challenged--Held, not proper stage to conclude that ingredients of section 307 not made out and there was ... Indian Penal Code, 1860, S.307--Criminal Procedure Code, 1973--S.482--Attempt to Murder--Quashing of proceeding--Not to be ordered ... by producing evidence--Allegation that accused armed with deadly weapons attacked public servants--Trial Court framed charge u/s 307 ... As regards the contention of the counsel that no....
2012 0 Supreme(Del) 2840 • India - Delhi
SANJIV KHANNA, S.P.GARG
307 IPC was not made out. ... 307 IPC was not made out. ... Finding of the Court: The court found that the offence under Section 307 IPC was not made out and the respondent-accused ... In these circumstances, we feel that offence under Section 307 IPC is not made out and the respondent-accused has committed offence under Section#HL_....
2016 0 Supreme(Jhk) 350 • India - Jharkhand
ANANT BIJAY SINGH
not proved---Offence under Section 307, IPC not made out—Conviction under Section 323 maintained---In terms of Section 357, Cr.P.C ... Indian Penal Code, 1860 - Sections 307 and 323 - Attempt to murder and grievous hurt—Conviction---Intention to cause fatal injury ... So, as per the evidence of PW.5, no case under Section 307 I.P.C is made out against the appellant, as he had no ....
1997 0 Supreme(P&H) 887 • India - Punjab and Haryana
SAROJNEI SAKSENA
307, IPC was not made out. ... Whether the Additional Sessions Judge erred in holding that a prima facie case under Section 307, IPC was not made out against the ... not made out against the accused. ... 307, I.P.C. is not made out prima facie. ... If after full trial, the Court comes to the conclusion that from the evidence on record offence under Section #HL_S....
1997 0 Supreme(All) 1086 • India - Allahabad
J.C.MISHRA
307 IPC is not made out. ... 307 IPC was not made out. ... Section 307 IPC - Revision against order modifying summoning order - The court held that there was no material to indicate that ... ... 5, The learned counsel for the revisionist contended that at that time it was not contended by the revisionist that no offence was made out and, therefore, the revisional Court had no jurisdiction to take the view that off....
• India - Crimes
GOPAL KRISHAN SHARMA
case under section 307, I.P.C., made out? ... 326, I.P.C., made out instead of under section 307. ... 374 - Appeal against conviction preferred - Entire case on merits not argued - Argument confined to that case under section 307, ... So, in my considered opinion, a case under section 326, I.P.C. is made out instead of section 307, I.P.C., and I hold accordingly....
1989 0 Supreme(Raj) 927 • India - Rajasthan
MOHINI KAPUR
307 IPC was not made out, and the only offence remaining was under section 4/25 of the Arms Act, which could not be compromised ... Finding of the Court: The court found that the non-compoundable offence under section 307 IPC was not made out, and ... the only remaining offence was under section 4/25 of the Arms Act, which could not be compromised with the injured party. ... Considering all thes....
2014 0 Supreme(Raj) 2167 • India - Rajasthan
M.N.BHANDARI
307 is not made out or if there is a chance of being held guilt – if conviction is not obvious the charge sheet will be quashed-considering ... offences Act, 2012, Section 4 – interpretation of Section 307 of the IPC-the prosecution evidence if held valid will prove charge ... under the Section 307 IPC – It is the discretion of the High Court to understand injury -if it is found that a case under Section ... In Ish....
• India - Crimes
BIRENDRA KUMAR
person including informant – Offence under Section 307/149 IPC is also not made out against appellant – Impugned judgment to the ... 307 IPC is not made out in facts and circumstances of this case because it is prosecution case that firing was made at shop and ... from a member of SC/ST Community nor firing was made at any member of SC/ST Community – Offence under aforesaid Section is not attracte....
2011 0 Supreme(Pat) 1819 • India - Patna
GOPAL PRASAD
to the conclusion that the offense under Section 307 was not made out. ... The conviction and sentence under Section 307 were not upheld, but the offense under Section 324 was found to be made out. ... The conviction and sentence under Section 307 were not upheld, but the offense under Section 324 was found to be made out. ... Hence, taking int....
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