Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment without any premeditation - Act committed in the heat of passion upon a sudden quarrel without having taken undue advantage or acting in a cruel or unusual manner - No enmity or motive of accused to commit the alleged crime - Weapon used was not lethal -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused chased the deceased and informant and to show his supremacy and power, opened fire causing gun shot chest injury to deceased resulting in his death - Intention could be gathered from the weapon used and part of body aimed for causing injury - Occurrence did not take place at the spur of moment..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of a young man aged 28-30 years - Homicidal death and wounds caused by sharp edged weapon - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Identity of deceased proved on record - Call records with location chart affirms charge against accused - Recoveries at the..........
Indian Penal Code, 1860, Section 300 -- Clause Third - Murder - Sufficiency of injury - Sufficiency is the high probability of death in the ordinary course of nature - When sufficiency exists and death follows, causing of such injury is intended and causing of such offence is murder - For ascertaining the sufficiency of injury, sometimes nature of weapon used, sometimes..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased sustained gunshot wounds on the left thigh - Weapon used and the manner in which attack was made and injury was inflicted due to premeditation establish that accused intended to cause the injury - However, injury was on the inner part of left thigh, which is no, vital organ - Keeping in view..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased died due to head injury caused by sharp edged weapon after five days of incident - Eye witnesses stated that number of injuries were caused by accused to deceased - However, medical evidence not supported the version of eye witnesses - Injuries which are alleged to be sustained by deceased..........
Arms Act, 1959, Section 25 -- `Conscious possession' - No firearm or weapon recovered from any of petitioners - Neither petitioners have extended any threat to any person or police official - No offence, therefore, u/s 25 of the Act is made out against petitioners...........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Specific role assigned to each accused, which is corroborated by statements of injured and medical evidence - Case against accused is fully established as there is specificity of name, injury attributed to accused and weapon used in crime - Weapons of offence were got recovered by accused -..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Offence u/ss 307, 324, 323 IPC - Accused caused 13 injures to victim with a knife - All the injuries were simple in nature - Oral evidence of victim corroborated from medical evidence - Weapon of offence recovered from possession of accused - Conviction affirmed...........
