Indian Penal Code, 1860, Section 302 -- Two accused entered the house to commit robbery - One of the accused overpowered - Accused inflicted one knife blow in stomach of deceased and thereafter both the accused inflicted knife injuries on thigh of deceased - Accused came to commit robbery but it cannot be said that they had no intention to commit murder - Accused guilty of..........
Indian Penal Code, 1860, Section 302, 304 -- Accused on being provoked by the remarks of the deceased that he should not cast an evil eye on his wife and another lady, suddenly took out a knife which he was carrying and caused one injury in the chest - Occurrence took at a place where panchayat was organized to settle a dispute which was not connected with the parties -..........
Indian Penal Code, 1860, Section 300, 304 -- Alteration of conviction - Deceased assaulted with knife on chest and back portion of skull by accused - Accused came to the deceased and his wife to hand over certain documents where heated exchange of words took place - Evidence of wife showed that deceased first assaulted accused by a spear on his head and injury had required..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Accused gained entry into the residential house of the complainant, intimidated inmates and forced women folk to handover their ornaments and decamped with stolen articles - Weapon of offence i.e. knife not recovered, much less produced in the court - Held, it cannot be presumed that the knife used was a deadly weapon..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Dead body of deceased with stab wounds recovered from the place near to the residence of the deceased - Recovery of knife allegedly used and blood stained clothes neither proved, nor produced in court, nor shown to the accused - Accused also not identified - No evidence that motor..........
Indian Penal Code, 1860, Section 304I, 302 -- Accused and deceased were neighbours and drinking companions - Accused had quarrel with his father where deceased intervened - This annoyed the accused who gave one stab injury with knife to the deceased - Held, it cannot be said with certainty that the accused intended to cause the very injury that he inflicted - Conviction of..........
Indian Penal Code, 1860, Section 302, 34 -- Six accused prosecuted for offence u/ss 143, 451, 323, 324, 355, 504, 506, 302, 109 & 149 IPC - Acquittal of four and conviction of two by trial Court - High Court convicted four of the accused - Accused who gave a chappal blow only convicted u/s 323 IPC and his conviction upheld - Accused N, who since died, was the first to..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused by threatening victim on knife point, committed rape with her - Testimony of victim supported by witnesses who were attracted at the spot on hearing alarms raised by victim and saw accused persons fleeing away - Report of Forensic Science Laboratory lent support to the testimony of the victim - Held, findings of rape,..........
Injuries on the person of accused -- Prosecution is not required to explain each and every injury of accused - Evidence of eye witnesses that accused and deceased grappled in the field before accused gave knife blow to the deceased - Held, it cannot be said there is no explanation as to any injury suffered by accused...........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 118 -- Murder and attempt to murder - Reliability of injured child witness - Accused had an altercation with the deceased and he chopped off neck of the deceased with a knife and then assaulted his son with same knife - Omission of names of most of the witnesses examined by the prosecution in FIR not of..........
