Indian Penal Code, 1860, Section 302, 304 Part II, 324, 34 -- Single knife below on abdomen of deceased - Accused after short scuffle at shop of deceased going home and coming back with knife - Deceased caught hold of co-accused - No premeditation - Co-accused sharing common intention to cause injury with sharp weapon - Accused convicted u/s 304 Part II - Co-accused..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Part II - Murder or culpable homicide not amounting to murder - Incident in a field - Accused came in a bullock cart wanted to pass through deceased's field - Objected to - Beaten by `Lathi' - Died instantaneously - It is murder...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 34 -- Exercise of inherent powers - Quashing of charges - Validity - While quashing charge framed u/s 304/34 IPC approach of High Court to the case as if it was evaluating medical evidence for purpose of determining question whether charge framed against accused persons was likely to succeed..........
Indian Penal Code, 1860, Section 34, 103, 304 -- Criminal trespass - Right of private defence - Extends only to causing of harm other than death - Plea of private defence rejected by trial Court and sentence of life imprisonment awarded - High Court reducing conviction to one u/s 304 Part I and imposing sentence of 7 years R.I. - Conviction rendered by High Court does not..........
Indian Penal Code, 1860, Section 304, 34 -- Interested witness - Appreciation of evidence - Relationship per se is no ground to reject the statement of a witness if otherwise credible and convincing...........
Indian Penal Code, 1860, Section 34, 304 -- Part I - Culpable homicide not amounting to murder- PW1 and PW2 eye-witnesses examined by prosecution - No conflict between ocular testimony and medical evidence - Neither PW1 nor PW2 could explain how occurrence started - Law entitles appellants to have benefit of reasonable doubt concerning beginning part of occurrence and..........