Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Occurrence took place in the heat of moment and assault was made without premeditation at the spur of time - Genesis of occurrence was loud playing of a tape recorder in the house of deceased objected to by accused - Verbal argument ensued between parties and accused rushed across to his house came..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of weapon of offence though not..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Attempt to murder of injured witnesses - Right of self defence - Defence does not have a case that injured witnesses had come with any weapons - Accused were not injured in any manner - What was the reason for A-1 coming with a chopper when his name was called by deceased, definitely, he had an intention to commit..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Deceased and PW2 sustained severe injuries during incident clear from evidence of PW1, PW2, PW16, PW19 and said fact is corroborated by medical evidence of Doctor, PW8, PW9 and PW13 - Some omissions and contradictions in testimony of injured witnesses were there with reference to..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - There was previous confrontation between two groups - But when one of groups comes to the residence of member of other group and even assuming that their intention was to create a further problem, suddenly attacking those persons, who were not having any weapons with them with a chopper and inflicting..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Only one single injury on head of deceased proved fatal and led to unfortunate death of deceased - It appears that injury was caused in sudden fight at spur of moment and accused did not take undue advantage - Held, offence committed is punishable u/s 304 Part-I and not u/s 302 of IPC - Appeal partly, allowed...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Naming witness - No requirement in law that other witnesses should name a particular witness...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Witness saw all accused persons coming down from stair case and running - Enough time for witness to memorize faces of accused - More so, there was good day light at the time of incident - Hence, in the absence of cross- examination on issue as to capacity of witness..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Admissibility - Fact that deceased named four persons who threatened him with serious consequences to his father-in-law and the same persons were identified by an independent witness - It is a strong piece of corroboration and hence, admissible as legal evidence...........
