Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused caused repeated axe injuries to deceased as a result of which he died after two days of incident - Injuries were not caused on vital part of body except one in stomach due to which deceased died two days later - Medical evidence proved that injuries were not fatal to life of deceased - Accused..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Accused and deceased were together in the house before occurrence and thereafter deceased found dead - Accused failed to explain in his statement u/s 313 Cr.P.C as to how and when he parted company of deceased - Complicity of accused in commission of offence stands proved beyond all..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Deceased died due to head injury caused by accused by pelting bricks without warning - Brick recovered from the spot in the presence of independent witnesses - Version of I.O stands sufficiently corroborated by independent witnesses - Dead body of deceased recovered from the spot..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Accused aged 60 years had no prior enmity with deceased - He was in litigation with his son who allegedly sold the apple produce without his consent - Accused did not try to abscond during investigation and willfully and voluntarily associated himself during..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........
Criminal trial -- Intention and motive - Intention is different from motive - It is the intention with which the act is done that makes a difference in arriving at a conclusion whether offence is culpable homicide or murder...........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Reduction of sentence - Keeping in view the fact that accused persons have no criminal history and they are in incarceration for about more than 5 years and particularly the age of accused `B' & `R' who are senior citizens, some leniency may be given to these accused, thus sentence of..........
Indian Penal Code, 1860, Section 300, 304 -- Murder and culpable homicide - `Culpable homicide' is a genus and `murder' is its species and all `murders' are culpable homicides but all culpable homicides are not murders...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Incident took place on the spur of moment, without any pre mediation in a sudden fight - There was no intention or knowledge that such blow would result into death of deceased - Weapon used for committing the offence was not a deadly weapon - No other..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, 54 -- Culpable homicide not amounting to murder - Award of compensation - Reduction of sentence from 7 years to period already undergone - Challenge as to - More than 22 years have elapsed from date of incident - Since in case of homicidal death, monetary benefits cannot be equated with life of person - Main object..........
