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(Querist) 09 February 2012 This query is : Resolved 
sir, my friend is accused of 307. it is the version of state that my friend tried to kill his brother-in-law by firing at him . in fact, when my friend fired at bed, the brother-in-law was not on bed, but was in bathroom. later on only, my friend came to know that he actully fired at empty bed. during cross-examination, my friend admitted that he fired without knowing that no one was on bed. we put the defence that even if accused fired, still 307 could not be maid out as the brother could not be killed in any probabilit,as he was not at the bed at the time of firing.
whether there is any sc/hc case in this respect. whether our version is justified
M.Sheik Mohammed Ali (Expert) 09 February 2012
you already accept that offence, so not possible.
V R SHROFF (Expert) 09 February 2012
Adv Padam,
Welcome LCI,as you joined today only on 9-2-12

Pl do not ask vague queries,
if real, quote CR fir p.s.etc
Then we will reply.
Devajyoti Barman (Expert) 09 February 2012
Yes, do as Mr Shroff advised.
Advocate M.Bhadra (Expert) 09 February 2012
To defend the case it is needed to read over the FIR,Case Diary and also Examination of Witness(sec.161 Cr.P.C.)as filed by the Investigating officer.
Adv.R.P.Chugh (Expert) 09 February 2012
Why did you present him as a defence witness in the first place - why did you expose that poor chap to cross examination ?
Furthermore India's law as it stands - though expressly punishable in 307 - has to be seen in light of 511 - impossible attempts are also made punishable, its the intention that counts, Theft trying to steal from empty pocket - trying to induce abortion - when the lady's not pregnant - etc. are all impossible but still fall within criminal attempt asa they cause societal alarm
prabhakar singh (Expert) 09 February 2012
Sorry, we do not reply vague, commercial, academic or repetitive queries.
venkatesh Rao (Expert) 09 February 2012
I go with Prabhakar sir.
Raj Kumar Makkad (Expert) 09 February 2012
Intention then preparation and then commission all these 3 aspects are proved against your friend so there is any citation supporting his case/defence.
Shonee Kapoor (Expert) 10 February 2012
Agreed with opinion already provided.


Shonee Kapoor

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