Indian Penal Code, 1860, Section 304(Part I & II) - - Culpable homicide not amounting to murder - Intention to cause death - Knowledge to cause death - Held, Part-I applies where accused causes bodily injury with intention to cause death or with intention to cause such bodily injury as is likely to cause death - Part-II comes into play when death is caused by doing an act..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Injuries inflicted on person of deceased in a heat of passion and a sudden arousal of emotions - Injury which had subsequently become fatal was 2 cm in length - Deceased died after one month of infliction of injuries - No material on record to show nature of treatment given to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Complainant, at the time of lodging of FIR, has specifically stated the names of persons who had entered his house - It is only in supplementary statement suffered by complainant that the name of petitioner has figured - Further, petitioner was empty handed at the time of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused allegedly killed his brother and mother - Accused entered and exited quarter of deceased through an exit hole of bathroom and door of room in which deceased were found dead was closed from inside - Such entry was likely by that person who was well familiar with place of incident - Chain worn..........
Indian Penal Code, 1860, Section 302, 304(Part II), Evidence Act, 1872, Section 3, 32 -- Murder or culpable homicide not amounting to murder - Proof - Appellant without any premeditation set fire on clothes of prosecutrix after dousing her with kerosene - Incident admittedly took place when prosecutrix resisted appellant to commit rape - In FIR, a dying declaration, it was..........
Indian Penal Code, 1860, Section 302, 84, Evidence Act, 1872, Section 105 -- Murder - Plea of insanity - Accused diagnosed as suffering from major depression and nothing more - Nothing on record to show that accused was given any psychiatric treatment - Fact that after stabbing child, accused attempted to slit his throat and commit suicide, belied all contentions that he..........
Indian Penal Code, 1860, Section 302, 376(2)(g) -- Murder - Rape - Death sentence - Validity - Trial Court recorded special reasons for imposing punishment of death on respondents that respondents deceived and took away deceased, turn wise committed rape on her in darkness of night and thereafter committed her murder by throttling her by scarf and hence they were not..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Appeal against Conviction - Accused acquitted - Allegation that, due to enmity between parties, accused persons came with blunt weapon at the place of incident & inflicted injuries on complainant party as a result of which one person died - Neither any blood oozed out from body of deceased nor any blood..........
Indian Penal Code, 1860, Section 302 -- Murder - Non examination of husband of deceased, a relevant eye witness and three other injured witnesses - No expalanton given by prosecution for their non examination - Non examination of the material witnesses is significant as PW-11 is really an interested witness as he had an axe to grind against the appellant - Held, no,..........
Indian Penal Code, 1860, Section 302, 149 -- Murder and unlawful assembly - Proof - Accused persons armed with battle-axe, axe, spear and sticks and having formed unlawful assembly allegedly assaulted deceased and injured persons who intervened in assault - Political rivalry and land disputes between parties - Motive established - Evidence of injured witnesses clear and..........
