Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred all of a sudden at the spur of moment - There was no intention of accused to kill deceased - Incident was not pre-planned - Deceased was being hit by lathis and dandas and accused had used excessive force - Accused is guilty of an offence u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - All the accused persons are innocent persons who never had any criminal record - Accused are on bail - Conviction u/ss 148, 302 r/w 323 be treated to be conviction u/s 304(Part II) IPC and conviction u/ss 147, 148 set aside - Punishment imposed of fine of Rs.20,000/- each and this fine be paid..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of eye witnesses - Testimony of eye witnesses recorded after gap of four years - Minor contradictions or variations are normal - Trial Court erred in basing acquittal of accused on these immaterial inconsistencies more particularly when factum of dispute between parties was even..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Indian Penal Code, 1860, Section 304(PartII), 323 -- Offence u/ss 304 Part-II IPC - Reduction of sentence - Accused inflicted injury on victim from backside of an axe - Dispute arose on a very trivial issue of distribution of wheat seeds that too in a spur of moment and without premeditation - No criminal antecedents against accused - Accused has faced the rigour of trial..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred without any premeditation - Accused had not taken any undue advantage or acted in a cruel or unusual manner - He was the only son of his aged parents - Sentence of accused reduced to 5 years in place of 7 years...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred without any premeditation - Accused had not taken any undue advantage or acted in a cruel or unusual manner - He was the only son of his aged parents - Sentence of accused reduced to 5 years in place of 7 years...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death caused by accused was not pre-mediated - Accused had no intention to cause death of deceased - Injuries were though sufficient in ordinary course of nature to have caused death - Offence in question therefore, falls u/s 300 Exceptions 1 & 4 IPC - Accused liable to be convicted u/s 304(Part II)..........
