Indian Penal Code, 1860, Section 304 Part II -- One knife blow in abdomen of deceased in a sudden fight in the heat of passion without pre-meditation - Held, offence falls under S.304 Part II IPC and not u/s 302 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object was only to cause injuries and in course of incident one of accused inflicted knife blow which caused death of one of the victims - Only such accused for his individual act can be convicted for murder and rest of accused cannot be made liable with help of S.149 IPC...........
Indian Penal Code, 1860, Section 302, 304 Part I -- Deceased assaulted by accused with knife causing four injuries - There was free fight between deceased and accused about which none of prosecution witnesses spoke anything - Accused had also four injuries - Accused had not gone anywhere to bring knife but he used knife which was with him suddenly in quarrel though blows..........
Indian Penal Code, 1860, Section 300, 302 -- Accused armed with deadly weapons like axe, knife, sticks and stones assaulting unarmed person without any sudden or grave provocation and causing his death - Act amounts to murder...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Knife injury inflicted on victim - Injury on chest was sufficient to cause death as per medical opinion - Evidence of injured witness duly corroborated by two P.Ws. - Knife recovered from accused on disclosure statement is another factor to connect him with the commission of offence - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- No eye witness of incident - PWs3, 4 & 6 had seen appellant running away with knife in his hand - PWs 2, 3, 5, 6 & 8 heard deceased saying that it was appellant who stabbed him and FIR did mention this fact of dying declaration made by deceased - Conviction on basis of said dying declaration, recovery of blood stained knife and blood..........
Indian Penal Code, 1860, Section 302 -- Conviction - Initial case of prosecution that injuries on deceased were caused by knife but theory subsequently changed - Appellant not named in FIR nor deceased shown to be alive or talking with informant - Information that there were more than one accused who went away after scaling boundary wall - Police recording site plan as..........
Indian Penal Code, 1860, Section 304 Part II -- Quarrel between accused and deceased regarding payment of money - Deceased suddenly picked up a stone and threw it aiming at the accused which hit the head of accused - Thereafter accused brought out a knife and stabbed the deceased on his back near the shoulder - Accused was aware that the injury caused by him may result in..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Recovery of blood stained knife - Not supported by witnesses of recovery - Not believable that accused would move with blood stained clothes for four days - In arrest memo description of such clothes not indicating presence of blood and it is surprising that it is so mentioned in seizure memo - Seizure of..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction u/s 302/34 IPC - Accused seen running from spot - Recovery of blood stained pant of accused - Articles in pockets of pant stained with blood group 'A' - Accused arrested after 9 days - Not believable that accused would continue to wear same pant - PW 3 stating that accused was arrested on same night -..........
