Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Two deceased employees of appellant No.1 while working on sign board were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was purely accidental - No prima facie case can be said to be made out against..........
Indian Penal Code, 1860, Section 304(Part I), 304A -- Nature of offence - Appellant being qualified medical practitioner instructed staff nurse to administer an injection over telephone which injection when administered to patient, apparently reacted resulting into his death - Registration of FIR u/s 304(Part I) IPC and subsequent submission of police report u/s 173(2)..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle took place at the house of PW5, where deceased and his wife had gone and appellant started abusing deceased and thereafter went away and deceased followed him - After that, as to what had happened between deceased and appellant is not clear from the evidence of eyewitnesses - Evidence of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between parties regarding land - Appellants were in possession of land in question - Weapons used in the crime by appellants are axe and sticks which are commonly used by agriculturists - No material on record to show that there is any premeditation - Possibility of offence being..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Injuries sustained by deceased were proved to be caused by appellants - Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out - There is nothing on record to show that appellants have taken undue..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused committed the crime in question without any premeditation but the same was committed owing to a sudden fight preceded by a sudden altercation - Accused might have had the knowledge that the said act would likely cause death, but probability of death was not such, which could show that accused..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and both the accused received injuries in the incident - Possibility of scuffle between two groups, incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out - No evidence that accused has taken undue advantage or acted in a cruel or unusual..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
