Indian Penal Code, 1860, Section 302, 307 -- Murder - Plea of grave and sudden provocation - Nature of weapon used, number of gun shots fired at the deceased, part of the body where gun shots are fired all point towards the fact that appellant was determined to kill the deceased - Ultimately, he achieved his task and made sure that deceased is dead - By no stretch of logic..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW24 - Quarrel happened suddenly between deceased and A-2 while consuming liquor - Though it is stated that A-1 had made an attempt to shoot the deceased - Very said fact alone cannot be a ground to bring it..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the spur of moment after a sudden quarrel between accused and deceased - Accused acted without premeditation, without prior planning and he did not take any undue advantage of situation - Homicide accused committed does not amount to murder rather it is a culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - I.O who examined dead body of deceased during inquest has noted three major injuries on body of deceased - However doctor found two injuries on chest of deceased - There is also a contradictory evidence of eye witnesses and doctor regarding injury suffered by deceased - Benefit of doubt thus, given..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to sudden quarrel between parties and in heat of passion accused dealt a single blow which turned fatal - No animosity between accused son and deceased mother - Incident had genesis of quarreling between accused and his wife for which it could be said that there was no..........
