Indian Penal Code, 1860, Section 304 Part I, 300 -- Proper provision - Sudden fight - Single blow inflicted with the reverse side of Kassi - Injury inflicted with the knowledge and intention that injury if inflicted is likely to cause death but with no intention to cause death - Offence falls u/s 304 Part I and not u/s 300 IPC...........
Indian Penal Code, 1860, Section 395, 300 -- Dacoity and murder - Accused entered house of complainant in night, threw bomb and took away valuables - Evidence of witnesses quite reliable - Witnesses stated about lanterns burning in their respective houses in the light of which they were able to identify the two appellants, who were admittedly well known to them long before..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
Indian Penal Code, 1860, Section 300 -- Murder - Circumstantial evidence - On date of incident accused seen in the house of deceased - Movement of accused in vicinity of house of deceased also proved by witnesses - Finger prints of accused found on almirah in bedroom and hair of accused found on saree and undergarments of deceased - Ornaments of deceased recovered on..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Absence of premeditation and sudden fight - Case does not come within purview of Exception 4 unless it is proved that offender did not take undue advantage or that he did not acted in a cruel or unusual manner...........
Indian Penal Code, 1860, Section 300, 149 -- Unlawful assembly and murder - Murder of two persons by eight accused by forming unlawful assembly due to previous quarrel - Both parties assaulting each other - On spur of moment when deceased wanted to rescue injured then accused assaulted deceased - Eye witnesses failed to state as to which accused caused which injury -..........
Indian Penal Code, 1860, Section 302, 300 -- Exception 4 - Ex army personnel came armed with gun, fired one shot on chest of deceased from a distance of 6/7 feet - There was no provocation or any altercation - It shows that accused came with premeditated mind to kill the deceased - Accused being an ex-army personnel could know the consequences of such a gun shot - Offence..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - To attract Exception 4 to S.300 IPC, mandatory ingredients required to be established are : (i) it was a sudden fight; (ii) there was no pre-meditation; (iii) the act was done in a heat of passion; and (iv) the accused had not taken any undue advantage or acted in a cruel manner - All the four ingredients must be proved..........
Indian Penal Code, 1860, Section 300 -- Murder - Sole eye witness - Accused alleged to have attacked deceased with patta knife and inflicted number of injuries resulting into his death - Evidence of sole eye witness found credible - Presence of sole eye witness at spot not doubtful - Plea that brother of eye witness was named in FIR and not the eye-witness is not tenable -..........
Indian Penal Code, 1860, Section 300, 149 -- Murder - Four persons armed with axe, farsa and lathis attacked deceased and injured witnesses - Evidence of eye witnesses consistent, reliable and corroborated by medical report in respect of weapons used and injuries found on body and head of deceased - Evidence of three eye witnesses satisfactorily proved that accused persons..........
