Indian Penal Code, 1860, Section 307, 324, Arms Act, 1959, Section 27 -- Injuries received on fingers and thigh - Injuries of simple nature - Merely because gun was used, that by itself is not sufficient to bring the offence u/s 307 IPC - Conviction and sentence altered from 307 IPC to Section 324 IPC and conviction under S.27 Arms Act upheld - Sentence reduced to already..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - To attract Exception 4 to S.300 IPC, mandatory ingredients required to be established are : (i) it was a sudden fight; (ii) there was no pre-meditation; (iii) the act was done in a heat of passion; and (iv) the accused had not taken any undue advantage or acted in a cruel manner - All the four ingredients must be proved..........
Indian Penal Code, 1860, Section 302, 302, 324, 34 -- Conviction - High Court took view of self defence but convicted second appellant u/s 302 IPC for his individual act of fatally attacking deceased son and convicted other appellant u/s 304 Part I IPC - High Court's finding of self defence not a reasonable possible view - Incident took place in public street - Injuries on..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Quarrel took place between accused and deceased over a trivial matter - Accused gave two 'dhangu' blows on the head of deceased - Defence alleged delay in lodging FIR - Plea of delay in lodging FIR was rejected as complainant took victim to hospital and thereafter lodged FIR - Ocular evidence corroborated by..........
Indian Penal Code, 1860, Section 302, 96, 97, 100 -- Murder - Private defence - Wordy altercation took place between appellant No.1 and PW1 - Appellant No.1 brought a stick and assaulted PW1 - PW1 and PW2 chased him and appellants came with weapons - Appellants assaulted deceased over head by small wooden yoke - Appellants could not establish that they exercised their..........
Criminal Procedure Code, 1973, Section 473, 468, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 498-A, 406 IPC - Limitation - Delayed complaints - Court to construe liberally Section 473 Cr.P.C. in favour of wife who is subjected to cruelty, if on the facts and in the circumstances of the case it is necessary so to do in the interests of justice - When conduct..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Murder - Appellants armed with axes and lathis assaulted deceased - Motive alleged by prosecution that deceased purchased the land which otherwise appellants would have inherited - Most of the injuries caused to deceased were of minor nature - One of the appellants gave 'lathi' blow which resulted in causing fracture of ribs..........
Indian Penal Code, 1860, Section 300 -- Clause Fourthly - Accused quarrelled with his brother and fired a gun shot which hit brother's wife who came in - Death at the spot - Contention that offence falls u/s 304 Part I as accused had no intention to cause injury to brother's wife - Not tenable - Act of accused to fire with gun was imminently dangerous because firing could..........
Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 -- Outraging the modesty of woman - Release on probation - Accused about 20 years old - Court below concluded that accused cannot be at any rate more than 21 years old - No adverse antecedent found against accused - He had already suffered 12 days imprisonment - Court maintained conviction..........
Indian Penal Code, 1860, Section 304B, 304 PartI -- Criminal Procedure Code, 1973, Section 464 - Dowry death - Death did not occur within 7 years of marriage - Offence under Section 304-B not made out - Offence Under Section 304 Part I is made out...........
