Indian Penal Code, 1860, Section 302 -- Conviction u/s 302 IPC - Plea of alteration of sentence to S.304(Part I) IPC - Accused took the deceased to hospital - Occurrence took place in the house of accused and unfortunately even after having four children, she died at the matrimonial home due to burn injuries at the instance of accused - Held, there is no valid ground to..........
Indian Penal Code, 1860, Section 302, 304(Part I), 323, 34, Evidence Act, 1872, Section 3 -- Nature of offence - Murder - Involvement of deceased in sudden fight between informant and accused - Accused allegedly killed deceased by blow of knife - No previous animosity between deceased and accused - As per materials on record no premeditation to commit murder of deceased..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or culpable homicide not amounting to murder - Proof - Firstly there was a quarrel which took place between complainant party and accused party on passing tractor through agricultural field in which soyabeen crops were sown by complainant and thereafter both parties caused injuries to each other by blunt object -..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Accused persons alleged to have hacked deceased on his neck, face and left ear - FIR lodged by PW1 within two hours of incident - All material particulars with regard to incident clearly stated in FIR and same completely corroborated with evidence of PW1 - Injuries sustained by PW1 clearly established..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Vicarious liability - Held, in order to convict accused under vicarious liability, it must be shown that those persons shared common object with other accused with an intention to eliminate deceased...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Inference of - Held, common object of an assembly has to be derived by reasoning or implication from various factors like weapons with which members were armed, their movements, acts of violence, or result thereof, conduct and behaviour, animosity or grouse if any - Some of the circumstances to draw an..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Proof - Except presence of accused at scene of occurrence, no other evidence to show that they participated in commission of offence - Accused persons if had shared common object with main accused persons to eliminate deceased, they would have caused injuries to deceased - They have not stated or uttered..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of PW1 and PW2 who are main prosecution witnesses not reliable - Their presence at the place of occurrence doubtful - Point from where PW2 was seeing the occurrence makes his presence doubtful - Distance from which deceased was fired at not in consonance with description given by these witnesses - Shot appears..........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder or voluntarily causing grievous hurt - Proof - Fight between deceased and accused persons ensued on very trifle matter - Intention of killing any particular person absent - As per medical evidence, there were eleven injuries on person of deceased - But death was caused as a result of solitary wound - Prosecution..........
Indian Penal Code, 1860, Section 302 -- PW5 mother of deceased, was present at post, also sustained injuries while saving her son - She was medically examined and doctor gave injury report - As per medical evidence, the injuries received by deceased at the instance of the present appellants were sufficient to cause death in the ordinary course of nature - Held, there is no..........
