Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence against him - Admittedly no..........
Indian Penal Code, 1860, Section 299, 300, 304 -- Culpable homicide - Motive is not required to be proved to establish commission of murder - Motive is something which prompts a man to form an intention - Intention can be formed even at the place of incident at the time of commission of crime - It is only either intention or knowledge on the part of accused which is..........
Indian Penal Code, 1860, Section 299, 302 -- Nature of offence - Accused stabbed his wife with knife in the abdomen causing her dangerous injuries which resulted in her death after 8/9 months - Probable cause of death was multi-organ failure by cutting of whole of small intestines and removal of same by means of knife - There was direct connection or association between..........
Indian Penal Code, 1860, Section 299, 304 -- Culpable homicide - Dying declaration - Accused and deceased were the only persons in their bedroom which was latched from inside and accused stabbed his wife with knife on her stomach and caused dangerous injuries to her - Accused also sustained small injuries in his hands - Dying declarations of deceased had the support of..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide not amounting to murder - Murder - Distinction between - Held, basic difference between these two offences lies in the gravity with which the offence has been perpetrated - To bring offence within the mischief of `murder', prosecution has to establish that culpable homicide was committed with definite intention..........
Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
Indian Penal Code, 1860, Section 299 -- Culpable homicide - Ingredients of - Held, to constitute offence of culpable homicide as defined in S.299 death must be caused by doing an act - (a) with intention of causing death or (b) with intention of causing such bodily injury as is likely to cause death or (c) with knowledge that doer is likely by such act to cause death...........
Indian Penal Code, 1860, Section 299, 300 -- Murder and culpable homicide not amounting to murder - Distinction - The safest way of approach to the interpretation and application of these provisions seems to be to keep in focus the keywords used in the various clauses of the two provisions...........
Indian Penal Code, 1860, Section 299 -- Clause (c), S.300 Clause (4) - Both the provisions require knowledge of the probability of the act causing death - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from..........
