Indian Penal Code, 1860, Section 304 -- Part II - Nature of offence - Accused and victim lived in the same house - On the night of occurrence deceased switched off the lights of the room - There were heated exchange of words between accused and deceased - Accused went inside the room and got a knife and stabbed the deceased resulting in his death - Occurrence took place at..........
Indian Penal Code, 1860, Section 302, 304 -- Murder or culpable homicide - Grave and sudden provocation - Accused-appellants were having a grudge against deceased in respect of quarrel in the morning and they assaulted deceased because of said grudge - Factum of assault on deceased by accused-appellants is established by cogent and reliable evidence - Held, there is no..........
Indian Penal Code, 1860, Section 304 -- Exception 2 - Accused having reasonable apprehension that deceased who was chasing him, might cause grievous hurt to him - Number of injuries on the person of deceased, including one on the chest, which punctured the lung and also on the forearms, suggest that deceased tried to ward off certain blows aimed at vital parts of the body..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Occurrence took place at the spur of moment - Single lathi blow inflicted - Other accused not indulged in any overt act - There was no intention or pre-meditation to inflict such injuries as were likely to cause death in the ordinary course of nature - Conviction altered from S.302 IPC to S.304 Part..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Nature of offence - Incident at the spur of moment as accused Ram Ratan pierced his ballam in the chest of deceased - No sharing of common intention by both the accused - Accused Veer Singh acquitted whereas conviction of other accused altered from S.302 IPC to S.304 Part I IPC and sentenced to 7 years RI...........
Explosive Substances Act, 1908, Section 3(b), Indian Penal Code, 1860, Section 304 - - Discharge of accused - Accused alleged to have caused explosion and culpable homicide while transporting electric detonators along with slurry - Accused shot fire licence holder, was aware of dangerous consequences of such transportation - Accident caused death of persons engaged by..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - No intention on the part of accused that his action will cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death of deceased - Case not covered under clause (4) of S.300 IPC - Case is covered under Section 304 Part II of IPC...........
Indian Penal Code, 1860, Section 392, 397, 302, 304(Part II) -- Nature of offence - Robbery and murder - Accused robbed car and tractor of deceased and threw deceased in canal - Claim of parity by appellant/accused with that of one of his co-accused whose conviction has been converted to S.304(Part II) IPC - Overt acts of appellant/accused are different from those of..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Offence committed without any premeditation and in heat of passion on a sudden quarrel - Conviction altered from S.302 to S.304 Part II IPC...........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide - Proof - Contention that doctor has not opined that injury sustained by deceased was sufficient to cause death in ordinary course of nature and, therefore, no conviction u/s 304 Part-I of IPC could be accorded - Held, if doctor has not opined about nature of injury, courts are not helpless and they can..........
