Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Specific role attributed to appellants in assault of deceased as transpiring from evidence on record which stands corroborated by Exhibit 4 wherein their names appear as assailants - Appellants cannot be said to stand on same footing as other acquitted accused persons...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Reduction of sentence - Accused No.1 is about 77 year age - Incident occurred due to quarrel between two families - Sentence reduced u/s 304(Part II) IPC from 5 years R.I to 3 years R.I - Fine and default sentence remains same - Sentence of accused No.2 reduced to S.I of 5 years and pay fine of Rs.5,000 in default to..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Distinction between S.304(Part I) & S.304(Part II) IPC - If there is intent and knowledge then same would be case of S.304(Part I) IPC - But if it is only a case of knowledge and not intention to cause murder and bodily injury then the same would fall u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Culpable homicide is genus and murder is its species - All murder is culpable homicide but not vice-versa - Culpable homicide may be or may not be amounting to murder in terms of S.300 IPC - Murder is punishable u/s 302 IPC but when offence is culpable homicide not amounting then punishment would be dealt..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Where act committed is done with clear intention to kill other person, it will be murder within meaning of S.300 IPC and punishable u/s 302 IPC - But where act is done on grave and sudden provocation which is not sought or voluntarily provoked by offender himself, offence would fall under exceptions to S.300..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Entire incident happened within a very short span of time without any premeditation or plan when both the parties interested in illegally grabbing possession of disputed plot - Accused `R' committed murder of deceased by gun fire - He had knowledge of consequences of using 12 bore single barrel gun and also..........
Indian Penal Code, 1860, Section 302, 304(1) -- Murder - Accused first slapped complainant followed by verbal abuses and thereafter accused brought licensed gun and fired at the deceased, who died - It was thus voluntary and intentional act of accused which caused death - Case does not fall u/s 300 Exception 4 IPC as there is neither sudden fight nor a case where accused..........
Indian Penal Code, 1860, Section 304 - - Nature of offence - Deceased severely beaten with wooden stick - No cogent evidence that accused had beaten the deceased with an intention to cause her death - Conviction altered from S.302 IPC to S.304(Part II), IPC...........
Indian Penal Code, 1860, Section 299, 304 -- Culpable homicide - Dying declaration - Accused and deceased were the only persons in their bedroom which was latched from inside and accused stabbed his wife with knife on her stomach and caused dangerous injuries to her - Accused also sustained small injuries in his hands - Dying declarations of deceased had the support of..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Accused sitting in his house in a depressed and dejected mood as his i, laws had severed his relations with his wife and taken away all dowry articles - Comments of deceased regarding this incident made the accused to loose his temper and a sudden fight ensued without any premeditation - Words used by..........
