Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased died due to single blow inflicted on his head by iron pipe - Blow not repeated - Occurrence took place between two brothers - There was no immediate reason for accused to cause injury - Witnesses suppressed the material facts - Conviction of accused altered from S.302 to S.304(Part I) IPC -..........
Indian Penal Code, 1860, Section 304, 34 -- Culpable homicide not amounting to murder - Appeal against acquittal - Leave to appeal - Complaint filed by wife of deceased after delay of 7 months of occurrence - No explanation for such delay - Eye witnesses introduced for the first time after 13 months of occurrence - Eye witnesses stated that deceased died due to injuries..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred due to prior enmity - Nothing on record to establish free fight between deceased and accused - Nature of injuries suffered by deceased does not show that injury was suffered accidentally - There are multiple wounds on the body of deceased and his face is disfigured - Accused inflicted fatal..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Appeal against conviction u/s 302 IPC - As per statement of two injured eye-witnesses cause of death was coma due to head injury - In absence of any sudden provocation merely absence of motive does not bring home lesser charge - Conviction u/s 302 IPC held, proper...........
Indian Penal Code, 1860, Section 299, 300, 304 -- Culpable homicide - Motive is not required to be proved to establish commission of murder - Motive is something which prompts a man to form an intention - Intention can be formed even at the place of incident at the time of commission of crime - It is only either intention or knowledge on the part of accused which is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - There was a bit altercation between accused and deceased and accused instantly hit the deceased on his head - Offence was not pre-planned rather it was committed on the spur of moment and ultimately claimed life of deceased - Accused committed offence with intention of causing such bodily injury as..........
Indian Penal Code, 1860, Section 304(Part II) -- Reduction of sentence - Accused had already undergone 7 years of his imprisonment - Accused has no criminal background - Sentence reduced to period already undergone by him but amount of fine and default sentence shall remain same - Appeal partly allowed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - (1) Fight on spur of moment; (2) Neither there was any motive nor any intention to eliminate deceased; (3) No enmity of any kind with deceased; (4) Accused had gone to take possession of cattle shed and not with an intention to kill any one; (5) inspite of accused armed with weapons, none of them..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Free fight between two groups - Injuries suffered by both the sides are on record - Accused who suffered knife injury in the incident caused death of one of deceased by firing several shots there by exceeding right of private defence - It is not a case of culpable homicide not amounting to murder..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Accused caused death of his wife by inflicting three blows on the head of deceased with basola which is a sharped edged weapon - Injuries caused on vital part of body - Accused had the intention to cause death of deceased - It cannot be said that incident took place in a sudden provocation - Case falls u/s..........
