Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide u/s 35 of the Act would not apply in the case u/s 25 of the Act, if there is not even iota of evidence regarding knowingly permitting the usage of the things mentioned in S.35 of the Act for commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Indian Penal Code, 1860, Section 304, 80 -- Accident - Benefit of presumption u/s 80 IPC - Prosecution has no case that accused had necessary intention to cause death of deceased - Even, prosecution miserably failed to establish that accused drove vehicle without proper care and caution - Admitted case of prosecution is that wooden logs and rocks were placed across the..........
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 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 308, 447, 427, 341, 323, 325, 34 -- Attempt to commit culpable homicide - Injury report of injured though reveal grievous injuries, but none of them have been opined to be dangerous to life - However, medical report showing extraction of pellet from the lip of victim which has changed the dimension of case - Such medical evidence cannot be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the spur of moment after a sudden quarrel between accused and deceased - Accused acted without premeditation, without prior planning and he did not take any undue advantage of situation - Homicide accused committed does not amount to murder rather it is a culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - I.O who examined dead body of deceased during inquest has noted three major injuries on body of deceased - However doctor found two injuries on chest of deceased - There is also a contradictory evidence of eye witnesses and doctor regarding injury suffered by deceased - Benefit of doubt thus, given..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - In that scuffle accused took out the knife and stabbed deceased from behind - As per Exception IV to S.300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred due to sudden quarrel between parties and in heat of passion accused dealt a single blow which turned fatal - No animosity between accused son and deceased mother - Incident had genesis of quarreling between accused and his wife for which it could be said that there was no..........
