Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred over a very trivial issue of filling of water from hand pump and getting hand pump muddy - There was no premeditation and act was done in a heat of passion - None of PWs in their deposition have stated that appellant after injured had fallen down had inflicted any further injury when..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Open fight followed the scuffle during which two opposing factions were giving blows and hits to each other - There was no such sudden provocation at the place of occurrence which necessitated him to act in the manner he did and caused the death of deceased - Appellant might have been deprived..........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - State is under constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between appellant No.1 and deceased over measurement of agricultural fields - Accused persons though have knowledge that injuries would cause death of deceased but there is no material on record to show that they had intention to kill them - Medical evidence shows that all the three..........
Indian Penal Code, 1860, Section 304, 323, 452, 34 -- Offence u/ss 304, 323, 452, 34 IPC - Non explanation of injuries sustained by accused person by prosecution makes prosecution story doubtful...........
Indian Penal Code, 1860, Section 304, 323, 452, 34 -- Offence u/ss 304, 323, 452, 34 IPC - Non explanation of injuries sustained by accused person by prosecution - Prosecution has completely failed to explain injury sustained by accused which has been sufficiently proved by defence - Prosecution story is thus, not reliable - Benefit of doubt thus, given to accused -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
