Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 506, 34 IPC - PWs 1 to 4 specifically named petitioner and co-accused who participated in the assault on deceased - There is thus, prima facie evidence to summon petitioner for trial in question - Application rightly allowed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased/wife was living with her parents and accused/husband approached PW1 and requested him to send deceased - However, deceased not intended to go along with her husband/accused - Therefore, in a sudden provocation, in a spur of moment, accused went inside the house, picked up an axe and hacked..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304 -- Bail - Offence u/s 304(Part I)PC - Accused is behind the bars since 16.2.2023 - Investigating agency has already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as out of 23 witnesses cited by prosecution, only one witness has..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had suddenly stabbed deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with sole intention of causing death of deceased - Previous enmity between parties had been a contributory factor leading to verbal altercation but it was not a..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused saw deceased/wife drenched in kerosene clearly took advantage of situation and lightened a match stick and threw it upon her so that she is burnt - He having taken undue advantage of situation cannot take advantage of benefit of S.300 Exception 4 IPC so as to bring case within ambit of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
