Indian Penal Code, 1860, Section 299, 300, 301, 302, 303, 304 -- Culpable homicide - Three degrees - First is the gravest form of culpable homicide, which is defined in S.300 as murder - Second degree is punishable under the first part of S.304 and the third degree is the lowest type of culpable homicide and the punishment provided is also of the lowest grade as provided..........
Indian Penal Code, 1860, Section 302 -- Murder - By room mate - Landlord or other witness not produced to prove that accused and deceased shared the room - Evidence of last seen found doubtful - Extra judicial confession not enough to conclude that accused committed the murder - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - If death is caused in prosecution of the common object of an unlawful assembly, it would not be necessary to record a definite or specific finding as to which particular accused out of the members of the unlawful assembly caused the fatal injury...........
Indian Penal Code, 1860, Section 300, 105 -- Right of private defence - Excess of - If excess is intentional then offence is murder and if unintentional then it is culpable homicide - Exception 2 of S.300 applies when (1) accused caused the death of a person without premeditation, and (2) while causing death he had no intention of doing more harm than was necessary - Right..........
Indian Penal Code, 1860, Section 149, 302, 304 Part I, 323, 325 -- Murder - Blow with 'aruval' - Origin and genesis of occurrence withheld by prosecution - Doubt as to institution of FIR - Informant did not say that he had ever gone to police station - Accused arrested from hospital - Prosecution could not explain as to why accused had gone to hospital - Evidence..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Related witnesses - Consistent version regarding incident given - Medical evidence prove that two deceased sustained series of injuries which resulted in death - Motive also spoken of by witnesses - No delay in dispatching FIR to Magistrate - All these facts inspire confidence in the prosecution case - Conviction calls..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Appreciation of evidence - Contradictions - Discrepancies in the previous statements of PW5 and PW6 as set up in FIR case as also the statement recorded under Section 161 and 175 Cr.P.C. as against statements in court, cannot be reconciled - Not only name of `R' added in statement in Court but also fatal blow..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased found in the field - Informant (PW5) not eye-witness of the occurrence - Star witness (PW3) of prosecution kept in custody in connection with murder of deceased - Answer given by PW3 evasive - Prosecution failed to explain as to under what circumstances PW3 after his arrest in the capacity of offender..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Sentence - Reduction in sentence - Victim daughter-in-law sustained burn injuries as she was set on fire by appellant father-in-law by sprinkling kerosene oil on her legs - Accused 72 years of age at the time of commission of offence and must be 81 years of age and very old man - Sentence of 10 years reduced to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Causing death of wife by pouring kerosene and lit fire - Dying declaration recorded in hospital by police constable in presence of doctor who certified that deceased was in a fit state of mind to make statement - Corroboration by eye witness who had seen deceased and accused in quarrel and had..........
