Indian Penal Code, 1860, Section 304 -- Nature of offence - Conviction u/s 302 IPC - Offence was committed pursuant to sudden fight pertaining to repayment of borrowed money - There was no pre-meditation on part of accused - Neither act of accused was cruel nor unusual manner as single solitary blow was inflicted in heat of passion with concrete slab weighing 50-55 kgs..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place due to some hot discussion in between parties - Only one injury was caused to deceased by accused - Deceased came back to his home from the field in injured condition and he was alive till he reached his home - Accused did not took undue advantage or acted in cruel manner - Motive..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Number of wounds caused during occurrence - Not a decisive factor for determining nature of offence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a scuffle between parties in the heat of passion, which resulted into death of two persons - Weapon used in fight between parties is `Kirpan' - Attack was not premeditated and preplanned - Injuries caused were the result of blow with a small `Kirpan' and it cannot be presumed..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred after quarrel between parties - Accused was a drunkard - Facts show that accused acted in a fit of anger and it was not a planned act - FIR lodged by nephew of accused - No version is put by accused as to how his wife died homicidal death in his house - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Out of three eye witnesses of occurrence, two of them injured who clearly stated that it was accused and accused alone, who opened fire from the main door of his house, resulting into death of deceased - However, injuries also sustained by accused, which shows that scuffle between parties..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death due to 77% burn injuries - Accused poured kerosene on deceased and set her on fire - Deceased when caught fire, accused poured water on deceased and extinguished the fire - Conduct of accused shows that he was to inflict burns and not to kill her but unfortunately situation slipped out of..........
Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 IPC - Dead body of deceased recovered from the lake - PW1, approver alleges that wife and children of deceased caused death of deceased by strangulation and he assisted them in disposing off the dead body by putting in Lake - However, medical evidence not supported the evidence of PW1, as no ligature mark..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304 Part-II - Theory of suicide propounded by defence - Deceased suffered injuries in her internal organs and such injuries could be caused by assault alone and not in case of poisoning - Accused and deceased were alone in the room when she suffered injuries - However, accused not only failed to explain said..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place upon sudden quarrel without premeditation in the heat of passion without offender taking undue advantage - Accused gave only single blow of scissor to deceased - Thus, matter fall u/s 300 Exception 4 of IPC - Accused convicted u/s 304(Part I) of IPC and is sentenced to R.I. of 10..........
