Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Non-recovery of weapon of offence - Where prosecution evidence is otherwise reliable mere non-recovery of weapon of assault would be of no consequence...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Absence of blood on the spot is of no consequence in facts and circumstances of the case where there is no doubt with regard to actual occurrence having taken place and about place where it took place...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Weapon of offence - Injury in question was more probable by `Gandasa' as alleged by accused does not appears to be correct as skull of deceased was found fractured and PW2 has himself stated that he has not seen `Faruhi' - Trial Court thus, rightly recorded the finding that injury in question..........
Indian Penal Code, 1860, Section 304, 80 -- Accident - Benefit of presumption u/s 80 IPC - Prosecution has no case that accused had necessary intention to cause death of deceased - Even, prosecution miserably failed to establish that accused drove vehicle without proper care and caution - Admitted case of prosecution is that wooden logs and rocks were placed across the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - There was no premeditation and there was an altercation between deceased and accused - Deceased questioned as to whether his revolver was filled with bullets or not and whether his fire arm was working or not - Possibility of accused being short tempered responding in an unfortunate manner cannot be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Sentence - Accused had already suffered incarceration for over 10 years - Sentence of accused thus, modified to the sentence to period already undergone by him - In addition, accused had to pay Rs.1000 as fine and in default will undergo S.I for a period of 6 months...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Reduction of sentence - Incident occurred on the spur of moment without any intention to cause any fatal injury - Accused had already undergone 17 months of incarceration - Sentence awarded to accused reduced to period already undergone by him and fine of Rs.50,000/- is imposed...........
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..........
