Indian Penal Code, 1860, Section 300Exception, 4 -- Provocation - Provocation is provided in Exception-4 as well as Exception-1, but injury caused is not indirect consequences of that provocation - Exception 4 addresses cases where, notwithstanding that blow may have been struck or provocation given at outset of dispute, regardless of how quarrel originated, subsequent..........
Indian Penal Code, 1860, Section 300Exception, 4 -- Application of Exception-4 - Mere existence of sudden quarrel or no pre-meditation is insufficient for application of Exception 4 to S.300 IPC - It must be shown that offender did not take undue advantage of act cruelly or in unusual manner...........
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..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault by father upon his own daughter - Plea of false implication - Plea that petitioner was falsely implicated due to strained domestic relationships and disapproval of romantic alliances of his daughters is completely hollow - No..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
