Indian Penal Code, 1860, Section 304, 323 -- Sudden quarrel - Accused gave fist blow hitting amblicus of victim who died - Appellant cannot be posted with the knowledge that death was likely to result - Conviction altered from S.304 to S.323 IPC...........
Indian Penal Code, 1860, Section 100, 304 Part I -- Decreased threw bricks upon accused whereas he went inside house and brought his gun and fired shots in self defence - Held, there was no occasion for accused to use gun - Accused exceeded his right of private defence - Accused is liable for conviction u/s 304 Part I IPC...........
Indian Penal Code, 1860, Section 302, 34, 304 - - Murder - Common intention to cause death - Nature of injuries inflicted on deceased and other circumstances should be weighed by the court - Accused persons went to house of the complainant and initiating fight there - Though appellants had no enmity with the deceased but when deceased intervened, three of the appellants..........
Indian Penal Code, 1860, Section 304 -- Part II - Accused went to the house of deceased to demand his money back - Deceased was not in a position to pay the money - Accused got flared up and caught hold of deceased and put pressure on his neck and it caused his death - Post mortem report showing that deceased was frail and slight pressure on his neck must have resulted in..........
Indian Penal Code, 1860, Section 304 Part II -- Conviction u/s 304 Part II - Accused face trial for 14 years - Sentence reduced from 7 years to 4 years R.I...........
Indian Penal Code, 1860, Section 304 Part II, 302 -- One shot fired from a considerable distance - Application of S.302 IPC is ruled out - However, there cannot be any rule that whenever one shot is fired from a distance, S.302 IPC would not be applicable - It depends upon the nature of the gun, the position of the assailant and the victim, obstructions from any..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Injuries on deceased caused without premeditation - Conviction altered from S.302 to S.304 Part II IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 304A, 279 -- Rash and negligent driving - Death of two persons - At this stage it is not possible to reach a positive conclusion that offence u/s 302 or 304 IPC is made out - Bail allowed...........
Indian Penal Code, 1860, Section 96, 323, 447, 304 -- Part II - Private defence - Land dispute - Accused asserting that field belongs to them and they will not allow complainant party to plough field - After several verbal aggression accused started assault on complainant party - Attacks not premeditated - Plea of right of self defence accepted - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Accused objected to parking of a scooter by the deceased at a particular place which resulted in an altercation and a scuffle - Accused took out his gun and fired resulting in the death of deceased - No previous enmity between the two - Act done in the heat of moment- High Court convicted under section 304 Part I - Held..........
