Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident is not pre-mediated - Pre-mediation was the meeting between prosecutrix/informant and accused which was marred by awakening of deceased/mother-in-law of informant which led to subsequent incident - Lust and passion of accused got better of him leading assault committed upon deceased - Act of..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred all of sudden - Accused had no intention to kill deceased and on sudden provocation and quarrel incident had occurred - He had fired once at deceased - Offence of accused thus, falls within S.300 Exception 1 IPC - Accused convicted u/s 304(Part I)PC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single gun shot - Occurrence took place on the spur of moment - There was quarrel between complainant and accused and deceased who was mother of complainant came in between - Fire was triggered by accused which hit the body of deceased - No enmity between accused and deceased - Dying declaration of..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused though had knowledge and intention that his act would cause bodily harm to deceased but did not want to do away with deceased - Case of accused thus, falls u/s 300 Exceptions 1 to 4 IPC - Accused liable to be convicted u/s 304(Part I) IPC and sentenced to R.I of 10 years with fine of Rs.5,000..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No premeditation on the part of accused to cause death of deceased - However, since deceased assaulted accused 2-4 times before 2 hours of incident, accused who was in intoxicant condition assaulted deceased on his chest by which he suffered grievous injuries and died - There was intent and knowledge..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted deceased with a stick in a sudden fight in the heat of passion - No evidence on record to indicate that accused came at the scene of offence after doing preparation to assault deceased with said stick - Admission by PW7 that injury may be possible due to multiple fall on cement road..........
