Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Appellant shot the deceased while he was attempting to pluck fruit from defence enclave - Appellant was deprived of power of self control upon sudden provocation by children - There was no calculated intention or pre-meditation on his part to commit murder - Offence committed falls under first except..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Single blow was given to accused that too at the back - No attempt was made to give another blow and there is no evidence to show that accused was prevented from giving such another blow - Intention of accused was thus, not to kill deceased - Moreover, blow was not so imminently dangerous that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden quarrel arose between parties due to trivial issue of grazing buffaloes of accused for which deceased raised objection - Deceased and accused exchanged wordy abuses on which accused gave deceased blows on his head causing six head injuries - There was no prior deliberation or determination to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Quantum of sentence - Sentence altered from S.302 IPC to S.304(Part II) IPC - Accused has been serving sentence in jail for more than 12 years - Considering facts and circumstances of case, accused is sentenced to undergo imprisonment to period already undergone by him...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel took place between parties abruptly and suddenly - Accused as well as deceased were under the effect of intoxication - In this scuffle, accused inflicted blows of Chimta held by him on person of deceased without any premeditation and without intending to cause him such injuries which could..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Compromise - Father killed his infant child in the fit of rage for which he has compromised with his wife - Accused has undergone actual sentence of 1 year 10 months and 11 days and 2 years 2 months and 26 days including remission - In view of compromise ends of justice..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused as well as complainant were present in engagement ceremony - With a view to celebrate, shots were fired in air, which unfortunately hit deceased and as a result of which he died - Accused `C' had no intention to commit murder as prosecution failed to establish on record any motive with..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Altercation between accused and deceased was a result of a sudden and unpremeditated fight that took place - On seeing deceased inappropriately touching his sister, A-2 lost his temper and in a fit of anger, caught hold of him and assaulted deceased with the help of other accused which resulted in..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his wife/deceased under the pretext that she was afflicted by evil spirits - Assault was so brutal that deceased was killed on the spot - Accused as well as maternal family members of deceased are totally rustic, illiterate villagers and all of them misunderstood the symptoms of..........
