Indian Penal Code, 1860, Section 304 Part II -- Conviction u/s 304 Part II - Accused face trial for 14 years - Sentence reduced from 7 years to 4 years R.I...........
Indian Penal Code, 1860, Section 304 Part II, 302 -- One shot fired from a considerable distance - Application of S.302 IPC is ruled out - However, there cannot be any rule that whenever one shot is fired from a distance, S.302 IPC would not be applicable - It depends upon the nature of the gun, the position of the assailant and the victim, obstructions from any..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Injuries on deceased caused without premeditation - Conviction altered from S.302 to S.304 Part II IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 304A, 279 -- Rash and negligent driving - Death of two persons - At this stage it is not possible to reach a positive conclusion that offence u/s 302 or 304 IPC is made out - Bail allowed...........
Indian Penal Code, 1860, Section 96, 323, 447, 304 -- Part II - Private defence - Land dispute - Accused asserting that field belongs to them and they will not allow complainant party to plough field - After several verbal aggression accused started assault on complainant party - Attacks not premeditated - Plea of right of self defence accepted - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Accused objected to parking of a scooter by the deceased at a particular place which resulted in an altercation and a scuffle - Accused took out his gun and fired resulting in the death of deceased - No previous enmity between the two - Act done in the heat of moment- High Court convicted under section 304 Part I - Held..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Nature of injuries not such as could be likely to cause death - Conviction altered from S.302 to S.304 Part II IPC...........
Indian Penal Code, 1860, Section 302, 304 -- Only one injury caused by a stick on a dark night when visibility was poor but the victim and accused knew each other - One could not move about without torch - Doctor opined that the injury was possible with one blow - High Court convicted under section 302 IPC - Held, due to darkness it could not be said with certainty the..........
Indian Penal Code, 1860, Section 304 Part I, 302 -- Appellant assaulted his wife either in self defence or on account of sudden provocation - Offence is culpable homicide not amounting to murder - Conviction and sentence u/s 302 IPC set aside - Appellant convicted u/s 304 Part I IPC and sentenced to suffer rigorous imprisonment for ten years...........
Indian Penal Code, 1860, Section 304 Part II -- Single blow by bamboo stick on head of deceased in a property dispute - Circumstances not indicating pre-meditation - Offence falls u/s 304 Part II and not u/s 302 IPC...........
