Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at spur of moment when accused and deceased were standing at bus stand as both are auto drivers - Due to sudden provocation and using filthy language by accused, incident took place - Accused alleged to have inflicted injury on head of deceased by iron rod - Ingredients of..........
Indian Penal Code, 1860, Section 302, 304 (Part II) - - Murder and culpable homicide not amounting to murder - Nature of offence - Accused pored kerosene oil on his wife and set her on fire - There was no pre-mediation nor predetermined motive of crime - Accused received the news of his ailing father and wanted to see his father and asked deceased to accompany him but she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 323, 504 -- Bail - Offence u/ss 304, 323 & 504 IPC - Incident occurred due to simple quarrel and simple marpeet which resulted into death of one person - Deceased received three injuries out of which two are simple and only one injury caused internal damage - Prosecution failed to establish..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Injury caused by accused was one which may cause death in ordinary course of nature but was not sufficient to cause death - Nothing on record to show any previous enmity between accused `V' and deceased as deceased being husband of real sister of accused `V' - Deceased used to gave beatings to sister of..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - Common intention - Incident happened on the spur of moment and cannot be said to have been commonly intended by accused persons - All accused persons except one came unarmed and accused who was even armed was also not carrying a deadly weapon - Accused persons might be having a similar..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - Reduction of sentence - Sentence of life imprisonment awarded by Trial Court reduced to period of sentence of five years imprisonment and since accused `V' had already spent period of five years in custody his sentence modified to period already undergone by him - Other accused persons..........
Indian Penal Code, 1860, Section 304 -- Dowry death - Prosecution failed to bring on record any evidence to suggest that death of deceased was caused by burns or any bodily injury or otherwise than under normal circumstances - Rather defence was able to prove that deceased was suffering from Pneumonia by producing qualified doctor who had examined the deceased prior to her..........
Indian Penal Code, 1860, Section 304, 323, 34 -- Culpable homicide not amounting to murder - Accused persons also received injuries during same occurrence - The fact that injuries on accused persons have been caused at the time of he occurrence in question, has been sufficiently proved by prosecution witnesses PW6 and PW7 - There is not even a whisper from prosecution side..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Appellants came together to the place of occurrence, armed with weapons and assaulted deceased on head due to previous dispute - Counter case also registered against some of prosecution party - But as two incidents occurred at different places and at different times one cannot..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Specific role attributed to appellants in assault of deceased as transpiring from evidence on record which stands corroborated by Exhibit 4 wherein their names appear as assailants - Appellants cannot be said to stand on same footing as other acquitted accused persons...........
