Indian Penal Code, 1860, Section 302 -..........
Indian Penal Code, 1860, Section 302 -- Murder - Weapon used - Contradiction as to - Informant disclosed in the Fardbeyan that except "P" remaining appellants were having "dagger" in their hands and they used the same for causing injury to deceased - In Court the weapon used by "A" has been described as "Gupti" - Held, "Gupti" as well as "dagger" both are sharp cutting..........
Indian Penal Code, 1860, Section 302 -..........
Indian Penal Code, 1860, Section 302,304 -- Part I Murder - Absence of premeditation - Act was committed in heat of passion - Appellant had not taken any undue advantage or acted in a cruel manner - There was fight between parties - Held, case falls u/s 300, Exception 4, IPC - Conviction altered from S.302 IPC to S.304 Part I IPC and sentence of 10 years awarded...........
Criminal Procedure Code, 1973, Section 221,222, Indian Penal Code, 1860, Section 302, 304B, 498A -- Accused charged of a major offence can be convicted for a minor offence - Accused charged u/s 302 IPC can be convicted for offence u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 302 -..........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 203, 482 -- Murder - Complaint - Summary dismissal - Validity - Specific case of complainant that deceased was pushed by "Lathi" by accused persons - Only on the ground of non availability of any external injury on the person of deceased, Magistrate summarily rejected complaint petition -..........
Indian Penal Code, 1860, Section 302, 304 -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder or culpable homicide not amounting to murder - Intention - Proof of - According to PW3, the appellants had told the complainant that deceased was throwing the roof tiles and had tried to burn the hut - Therefore, at the spur of the moment, in order to prevent him from further damaging the hut, they wielded a..........
Indian Penal Code, 1860, Section 302, 149, Criminal Procedure Code, 1973, Section 366 -- Massacre - Death sentence - Proprietary - Ghastly incident took place where over 20 people, only one of them being a man, were brutally slaughtered, infant of three months not left alive - Investigation was not fair in respect of persons who perpetuated this ghastly crime - Truth was..........
