Indian Penal Code, 1860, Section 302, 304 -- Part II - Sudden quarrel between accused and deceased - Assault made with a wooden log - Only one blow given - There was no premeditation and everything took place in the heat of passion - Accused was not armed at the relevant point of time - Conviction converted from S.302 IPC to S.304 II IPC...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Conviction of eight accused by trial Court - Four acquitted by High Court - One accused filed appeal thereagainst - Testimony of eye witnesses was neither embellished nor embroidered - No reason as to why they will falsely depose against the appellant - Motive was there to commit murder of deceased as accused were..........
Indian Penal Code, 1860, Section 302 -- Conviction - Hearsay evidence - Corroboration - FIR lodged by a person who saw the dead body but he did not see the murder himself - Held, that his information would be hearsay evidence but since the same corroborates the substantive evidence of PWs, same would be admissible...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Telegraphic message sent to Investigating Officer that a dead body was lying at Railway Station - Held, it cannot be disputed that information is sketchy and no details are given but as it was a telegraphic information, therefore, it cannot be said that the absence of material information..........
Indian Penal Code, 1860, Section 302, 304, 149 -- Common object - After quarrel accused A1 went to his village and brought all the accused with him - The post mortem report revealed that first injury was caused by A1 with aruval on the neck and the corresponding injuries caused death of deceased - Accused A1 was rightly convicted for offence u/s 302 IPC - Held, that there..........
Indian Penal Code, 1860, Section 149, 302, 304 -- Plea of parity - Accused A1 armed with aruval - Accused A2, A4, A5 & A6 were also armed with aruval, A7 with knife and A3 with iron rod - Accused A1 had given a fatal blow on the neck of deceased with aruval and injury caused by such act proved fatal - Therefore principle of parity does not apply - Remaining accused rightly..........
Indian Penal Code, 1860, Section 34, 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Accused persons committed murder by hitting with sword and axe due to animosity - No overt act attributed to appellant by prosecution - Accused was not armed and had no previous animosity with deceased - Merely because accused accompanied accused..........
Indian Penal Code, 1860, Section 498A, 406, 302, 120B, Criminal Procedure Code, 1973, Section 194 -- Ill treatment for demand of dowry - However in divorce proceedings admission that accused never ill treated the wife - Two contradictory versions in two different Courts of law - Order of trial Court to face regular trial for giving or fabricating false evidence in judicial..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Wife alleging that her father-in-law administered some poisonous substance to child after two days of birth - Complaint filed in Court after one year and 9 months of delay - No explanation for the delay - Complaint quashed - Complaint being false as such complainant to face trial u/s 194..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Five convicted and one acquitted by trial Court - High Court dismissed appeal - Testimony of eye witnesses reliable and there is nothing infirm in the conclusions of trial Court - High Court placing reliance on their evidence - One of deceased received 30 injuries which is consistent with prosecution case that accused..........
