Showing : 1-10 of 335 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 300-- Offence u/s 300 Exception IV IPC - Even if fight is u, premeditated and sudden, if weapon or manner of retaliation is disproportionate to offence and accused had taken undue advantage of deceased, he cannot be protected u/s 300 Exception IV IPC...........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 300-- Culpable homicide - To bring a case within exception 4th to S.300, it has to be established that (a) the act was committed without premeditation; (b) in a sudden fight in the heat of passion upon a sudden quarrel; (c) without the offender having taken undue advantage; and (d) not having acted in a..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300-- Essential requirements - (i) there must be sudden fight; (ii) absence of pre-meditation; (iii) accused must have been overcome with heat of passion; (iv) accused must not have taken undue advantage or acted in cruel or unusual manner...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 27-- Murder - Two sets of clothes having blood stains i.e. on which was on person of appellant at time of his arrest which had blood stains and another which was recovered at instance of appellant from house - Shows that recovery was planted on and cannot be believed and also seizure of blood stained..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3-- Murder - Eye witness has stated that he is related to accused person which means he was also related to deceased as accused persons and deceased were related - Despite being related to deceased, after death of deceased, witness did not go to house of deceased who was also residing in same area as..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3-- Murder - Delay of almost 15 days in recording statement of witness - No explanation has been given for delay in recording statement - Conduct of witness is also found u, natural inasmuch as form date of incident i.e. 06.05.2012 till 21.05.2012, witness did not narrated incident to any person - In..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3-- Murder - Witness was 16 years old when his evidence was recorded - Witness evidence was recorded about one year and four months after incident - Evidence show that witness was minor at time of incident and as he was frightened, he did not go to graveyard for attending funeral - Look at all these..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, 302-- Murder - Death sentence - Death of both victims was not only pre-planned, brutal and cold blooded but appellant was aware that if he was in his senses he would not be able to kill victims and it for this reason that he consume country liquor before entering his house on fated night - Accused found..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 300, 302-- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300-- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no complaint was..........

Showing : 1-10 of 335 Results