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..........
Indian Penal Code, 1860, Section 304, 447 -- Offence u/ss 304, 447 IPC - Reduction of sentence - Incident occurred over a small cause of grazing of goats - No previous animosity between parties - More than 30 years elapsed - Sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - PWs 4 & 5 stated that when they were playing in front of house of deceased, she was washing cloths and subsequently by 10 am went inside and closed doors - There was no one in the house at the relevant time except deceased - Door was forced open to get deceased out and she was laid in the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death of deceased caused by accused was not premeditated - However, intention has to be inferred as injuries were sufficient in the ordinary course of nature to have caused death - Offence committed by accused thus, falls u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused was armed with a wooden leg of cot in his hand which cannot be termed as a dangerous weapon - He had no knowledge that deceased would die through a single blow - Accused had no intention to kill his uncle - He is thus, liable to be convicted u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-production of articles recovered by I.O during investigation and non-examination of them by FSL does not create any doubt in prosecution case, as case is based not only on direct evidence but also on evidence of injured witness...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-disclosure of source of light in FIR or in site plan, does not doubt prosecution case, particularly when accused was a neighbourer and the incident took place in the house of PW3...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Accused first hit PW3 and when his wife came to rescue him, she was also hit on her head by lathi which became fatal to her - Cause of death is coma as a result of ante mortem injuries - Lathi was taken into custody but never produced before Court - Blood stained clothes which I.O took into..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
