Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of PW1 - PW1 was present on the spot and witnessed his brother/accused escaping from scene of occurrence - Evidence of PW1 appears to be very natural and same has been corroborated with evidence of his children/PWs 3 to PW5 - PW1 and PWs 3 to 5 vividly indicate the specific parts of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 304(Part II), 338, Motor Vehicles Act, 1988, Section 185 -- Reduction in sentence - Offence u/ss 304(Part II), 338 IPC and S.185 Motor Vehicles Act - Incident is of year 2016 and appellant never misused concession of bail/suspension of sentence - He is not involved in any other case - Appellant is 46 years of age and has two children and..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Provocation for sudden fight and quarrel was triggered by deceased who protested by advancing towards accused and heat of passion multiplied on his opening the first fire - Accused did have knowledge of fatality of firearm injury but sudden provocation and aggression suppressed the element of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death caused by accused was not premeditated - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of accused - Case thus, falls u/s 300 Exceptions 1 and 4 IPC - Accused held, liable to be convicted u/s 304(Part I) IPC and..........
Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Dispute between parties regarding agricultural field - Incident occurred when initially there was an exchange of words between ladies which then got converted into an incident where blows were exchanged - Not a single injury could be associated with any sharp cutting weapon - Two of accused..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 304(2), Evidence Act, 1872, Section 106 -- Offence u/s 304(2) IPC - Deceased died in her matrimonial home rather in the room in which she used to live with her husband/accused - Provisions of S.106 of Evidence Act is thus, attracted - Accused admitted his presence at the place of occurrence - He informed brother of deceased about hanging -..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - It need not be because of mens rea as intent...........
