Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased were from same family - Cause of provocation was sudden without premeditation - Injuries were inflicted without premeditation in sudden fight in heat of passion upon a sudden quarrel and without offender having taken advantage or acted cruelly or unusually - Case thus, fall u/s..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Materials available on record in the shape of evidence of PWs 2 to 6 does not establish circumstances on which prosecution relies upon and cannot be held that prosecution has proved its case beyond reasonable doubt - Circumstance of accused absconding after commission of crime also not proved -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between accused and deceased - Deceased assaulted accused by means of a knife on his stomach for which a criminal case was initiated and deceased was in custody for 2 years - On the night of occurrence, deceased came to house of accused and started a quarrel - As a result, accused..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused/husband and deceased/wife - Injury was inflicted in course of quarrel at the heat of passion - Accused did not give second blow - There was no intention on part of accused to cause death of deceased - Evidence of PW4 and PW5 coupled with own admission of accused in his..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 450, 380 -- Rape and murder of 7 years old girl - Circumstantial evidence - Cause of death was asphyxia brought about as a result of ante mortem ligature strangulation sufficient to cause death in ordinary cause of nature - Presence of accused at the place of incident stands duly established as per statement of PW3/PW19 -..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 450, 380 -- Rape and murder of 7 years old girl - Death sentence - Case in question does not fall within ambit of rarest of rare case inviting death penalty - Death sentence set aside and converted to life imprisonment with fine of Rs.50,000 and in default of payment of fine, accused to further undergo R.I for one year...........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 308, 34, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(a), 3(2)(v) -- Bail - Murder - FIR registered in 2019 - Police completed investigation after approximately 1 year and 3 months - Trial of case is yet to start - Even charges have not..........
Indian Penal Code, 1860, Section 302, 304(Part I), 326 -- Nature of offence - Accused did not come with arm - There was altercation between deceased and accused - Accused had knowledge that injury would cause death - Considering evidence of witnesses and medical evidence including post mortem report, there is no doubt in guilt of accused - Case of accused thus, fall u/s..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, Indian Penal Code, 1860, Section 302 -- Plea of juvenility - Murder - Incident occurred in 1966 and on the date of incident accused was 17 years and 1 month old - Accused was juvenile on the date of incident - Conviction and sentence set aside - However, since accused has already been in custody for..........
