Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Accused was suspecting his wife's character and assaulted her on account of same - Situs of injury is consistent with evidence on record - On the day of incident on being refused tea, accused assaulted deceased with a hammer - Deceased by refusing to make tea for accused, by no..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death of deceased caused on spur of moment as accused was alleged to have disliked practice of deceased in serving parent of accused - However, it was accused who had taken deceased to hospital - Accused has no motive nor any intention of doing away with his wife - Dying declaration which has been..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between husband/accused and wife/deceased - Incident took place on spur of moment after a sudden quarrel - Accused did not act in an extremely cruel manner and blows by lathi were inflicted on non-vital parts of body - However, accused can neither be imputed the intention nor knowledge that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - I.O who examined dead body of deceased during inquest has noted three major injuries on body of deceased - However doctor found two injuries on chest of deceased - There is also a contradictory evidence of eye witnesses and doctor regarding injury suffered by deceased - Benefit of doubt thus, given..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/s 304(Part II), 323 IPC - Complaint is lodged by independent person/doctor through cryptic telephonic message - Said complaint is not concocted one - Version of injured eye witness in wholly corroborated by medical evidence on record - Incident occurred on spur of moment and without pre-meditation - Deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - Accused inflicted below with a weapon like knife and he inflicted injury on deceased on the vital part of body - It is to be presumed that causing such bodily injury was likely to cause death - Case falls u/s 304(Part I) IPC and not u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304 -- Part II - Offence u/s 304(Part II) IPC - Acquittal of co-accused would not require automatic acquittal of accused, as there is no such principle of law...........
Indian Penal Code, 1860, Section 302, 304 -- Part-II - Free fight between parties, as accused also sustained injuries - Accused attacked complainant and caused him injuries as well as hit deceased on her head with an iron rod, resulting in her death - Allegations against accused are in line with charge sheet - Accused rightly convicted u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Long standing land dispute between deceased and father of accused - Weapon of assault is danda - However, danda used in occurrence cannot be said to be weapon and that too dangerous weapon - Lacerated wound was found on forehead of deceased and another wound on lower part of his face - No other blow..........
