Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Accused gave several blows/multiple blows on the vital part of body/head which resulted into grievous injuries and he used Phakadiyat with such a force which resulted in skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull extended..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused brutally assaulted deceased suspecting him to be a thief - Evidence of autopsy surgeon shows that deceased died due to injuries sustained by him which were ante mortem and homicidal in nature - No evidence is forthcoming from cross-examination of PWs that accused caused death of deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused armed with aruval weapon caused multiple injuries on deceased - Incident occurred on the spur of moment when accused on seeing deceased in street completely lost his self control - There is no element of provocation - Accused attacked deceased with Aruval with an intention to cause bodily..........
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..........
