Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Death of deceased took place after about eight days of incident and cause of death is septicaemia due to ante mortem injuries - Act of appellants falls u/ss 304 Part-II, 149 IPC - Since, incident took place more than 43 years ago and now appellants are above 78 years of age, period of sentence..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - 3 stages to determine whether offence is "murder" or "culpable homicide not amounting to murder" - Stage 1 deals with question, whether accused committed act which caused death of another person - Proof of causal connection between act of accused and resulting death, leads to second stage,..........
Indian Penal Code, 1860, Section 302, 304(Part1) -- Nature of offence - HC altered conviction of accused from S.302 to 304(Part1) IPC by invoking Exception 4 to S.300 IPC - However, accused under influence of alcohol inflicted injuries upon unarmed deceased with vegetable-cutting knife when deceased made obscene remarks about accused`s girlfriend - Since deceased was..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment in a heat of passion upon a sudden quarrel - There was no premeditation of mind - No fracture has been found on body and head of deceased, which indicates that appellants had no intention to cause grievous injuries or to kill deceased - Accused convicted u/s..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304, 34 -- Bail - Offence u/ss 304, 34 IPC - Petitioner and his wife are stated to have given slaps and a kick blow to deceased who fell down and subsequently after being hospitalized he came to be discharged and then passed away - Whether offence is one u/s 323 IPC or S.304(Part I)PC..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused No.1 in the course of altercation picked up iron rod and hit deceased - One blow inflicted on head of deceased resulting in his death that too after five days - There is no pre-meditation and it was deceased and persons along with him who chased and confronted accused - There cannot be any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death occurred 15 days after the incident - Neither cause of death mentioned in post-mortem report nor evidence of PW17 prove that injuries inflicted upon deceased resulted in his death - Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by respondents caused death..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Basic ingredient of S.304(Part II) IPC is presence of knowledge and absence of intention...........
