Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Indian Penal Code, 1860, Section 300 -- Exception I - Provocation - Gravity of provocation can be assessed by taking into account the history of abuse and need not be confined to gravity of final provocative act in the form of acts, words, gestures...........
Indian Penal Code, 1860, Section 300 -- Exception II - Right of self defence - Plea of self defence on an exception appended to S.300 IPC on the strength of evidence available on record is open to be raised at the appellate stage...........
Indian Penal Code, 1860, Section 300 -- Offence u/s 300 Exception IV IPC - Even if fight is u, premeditated and sudden, if weapon or manner of retaliation is disproportionate to offence and accused had taken undue advantage of deceased, he cannot be protected u/s 300 Exception IV IPC...........
Indian Penal Code, 1860, Section 300 - - Right to private defence - Cannot be claimed by accused, if disproportionate harm is caused, while defending himself or any other person - However, if accused has not caused disproportionate harm, then benefit of S.300 Exception II IPC can be given to accused...........
Indian Penal Code, 1860, Section 300 -- Culpable homicide - To bring a case within exception 4th to S.300, it has to be established that (a) the act was committed without premeditation; (b) in a sudden fight in the heat of passion upon a sudden quarrel; (c) without the offender having taken undue advantage; and (d) not having acted in a manner or unusual manner...........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Indian Penal Code, 1860, Section 420, 468, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 60(3), 31(2) - - Double jeopardy - Forgery and tax evasion - Separate proceedings initiated against accused for evasion of tax under IPC and Act of 2005 - Maintainability - As..........
Indian Penal Code, 1860, Section 300 -- Essential requirements - (i) there must be sudden fight; (ii) absence of pre-meditation; (iii) accused must have been overcome with heat of passion; (iv) accused must not have taken undue advantage or acted in cruel or unusual manner...........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 27 -- Murder - Two sets of clothes having blood stains i.e. on which was on person of appellant at time of his arrest which had blood stains and another which was recovered at instance of appellant from house - Shows that recovery was planted on and cannot be believed and also seizure of blood stained shirt..........
