Indian Penal Code, 1860, Section 302, 304 Part I -- Nature of offence - One blow given with a small stick, and the place where the assault took place was dimly lit - Inevitable conclusion is that the case is covered by S.304 Part I IPC and not S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder by strangulation and hanging the dead body to the ceiling fan - At the time of murder deceased and accused alone were inside the house - Not a case of accused that on the fateful day any other person was residing with them - No explanation from accused as to when he left the house and came to know about the hanging of the dead..........
Indian Penal Code, 1860, Section 302 -- Murder - Doctor, who conducted post mortem examination did not offer cause of death in his preliminary report - However, in the final report particularly after receipt of FSL report, the very same doctor opined that the death was due to 'Asphysixi due to throttling' - Held, High Court was right in accepting the case of prosecution..........
Indian Penal Code, 1860, Section 302, 304B, Criminal Procedure Code, 1973, Section 222 -- Modification of conviction - Charge-sheet filed u/s 302 IPC - Charge later on altered to S.304-B - Accused cannot be convicted u/s 302 IPC if charge under S.302 was proved - Conviction altered from S.302 IPC to S.304-B IPC and accused sentenced to 7 years R.I...........
Indian Penal Code, 1860, Section 302 -- Murder - Death of a woman by burn injuries when only husband was present - Accused after incident could not be found - Husband could not explain how death occurred - Husband guilty of murder...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Deceased with his wife going on scooter - One appellant stopped him and another appellant inflicted dagger blow into his abdomen - Solitary statement of wife of deceased - Medical evidence fits in with ocular version - FIR prompt - Motive behind the commission of crime is revenge - Both appellants convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - One of the appellant stopped deceased when he was coming on a scooter with his wife - Second appellant inflicted dagger blow into his abdomen - Appellant who had stopped the deceased had direct enmity with the deceased - Both had a common intention to kill the deceased - Both convicted u/s 302 read with S.34..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - One accused stopped deceased while he was coming on a scooter - Second accused inflicted dagger blow into his abdomen - Third accused is alleged to have placed a piece of cloth on the face of deceased - Piece of cloth not recovered from the spot - No injury attributed to him - Benefit of doubt given to him - Acquitted of..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Court has to see the kind of weapon used, part of body hit, amount of force employed and the circumstances attendant upon the death - In the instant case accused used dagger - Injury caused on stomach which is vital part of body - Nature of injury resulted in an instantaneous collapse leading to death - So, accused had..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimonies of two eye witnesses believed - Question as to whether the bloodstains collected from the place of occurrence by IO had been sent to the Forensic Expert for chemical examination or not and whether knife was recovered or not pales into insignificance - Conviction upheld...........
