Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Fight between parties took place all of a sudden and deceased had sustained only single injury on the head - Eye witnesses stated names of accused as assailants - Both the accused were present on the spot and they assaulted injured witnesses - FIR lodged immediately after the occurrence which..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Both the accused facing lis from the last 16 years and now they are aged about 44 years and 38 years respectively - They have no known criminal antecedent - It would be thus, in the interest of justice to reduce the sentence of accused to the period already undergone -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No evidence on record that accused had any enmity with deceased and they assaulted him with pre-mediated mind to cause death - No specific evidence on record as to who amongst accused caused fatal injuries on head of deceased, but fact remains that accused gave indiscriminate blows by lathis on head..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder by trishul - As per evidence on record, incident took place suddenly without pre-meditation when altercation took place on account of dispute to leave temple - Moreover, being saint accused was having trishul in ordinary course of custom - Even, accused only gave one blow and not made second attempt..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Causing multiple injuries without any provocation - Assault on head of deceased was so brutal that it resulted in fracture of underlying skull bone - Accused brutally assaulted deceased - It cannot be said that offence committed is `culpable homicide not amounting to murder' - It is a case of brutal murder...........
Indian Penal Code, 1860, Section 304(Part I), 307 -- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred without any premeditation in a sudden fight between accused and deceased in heat of passion - Accused caused six injuries to deceased by attacking him with a knife in presence of their friends who had gathered for a drink party - Eye witnesses to incident corroborated prosecution..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) - Quantum of sentence - Trial Court awarded sentence of R.I for 5 years only u/s 304(Part II) IPC - No special reasons recorded by trial Court - Considering nature of offence and trivial reason for which accused was enraged and assaulted deceased and that too by a knife causing six injuries, does not..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Financial crisis was root cause of quarrel between accused and deceased - Incident occurred in a sudden fight at the spur of moment at the heat of passion, as admitted by deceased in Parcha bayan and dying declaration, when deceased demanded money from accused for payment of rent -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Assault with wooden danda on head with such force that there was fracture of skull and brain matter oozing out from the wound - Accused must be understood to have knowledge, if not intention that injuries caused by him are sufficient in the normal course to cause death - This would show that..........
