Indian Penal Code, 1860, Section 304(Part I), Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 154 -- Culpable homicide - Minor variation between statement of witness in FIR and in Court statement as to how assault originated - Cannot lead to doubt entire prosecution case especially when place, date and time of occurrence and injuries in course of the..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Self defence - Plea is not available to an aggressor...........
Indian Penal Code, 1860, Section 304(Part I), Evidence Act, 1872, Section 154 -- Culpable homicide - Injured witness - Three persons were injured and one succumbeded - Mere because injured witnesses were the sons of the deceased and past enmity existed their evidence cannot be rejected or viewed with suspicion...........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide - It is not necessary that death must be attributable to a particular specific injury - If death ensues as cumulative result of injuries caused conviction will follow...........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Culpable homicide - Parties were co-villagers, there was a long standing dispute between them - Injuries have been caused on both sides - Accused have taken deceased and injured to hospital on bullock car - Death was not a direct outcome of assault - Conviction altered from S.304(Part I) to S.304(Part II) and..........
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..........
Criminal Procedure Code, 1973, Section 216, 217 -- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is concerned - Trial stands..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Prior enmity between parties - Injuries caused to both the sides - Accused had no intention to kill deceased, as in case accused had any intention, he had not taken the deceased and injured witness to hospital - However, conduct of accused dragging deceased who had multiple injuries on his..........
