Indian Penal Code, 1860, Section 304 Part II -- Quarrel between accused and deceased regarding payment of money - Deceased suddenly picked up a stone and threw it aiming at the accused which hit the head of accused - Thereafter accused brought out a knife and stabbed the deceased on his back near the shoulder - Accused was aware that the injury caused by him may result in..........
Indian Penal Code, 1860, Section 304 Part II -- Single blow by stick on head - Intention to cause death cannot be attributed to accused but the knowledge that the accused was likely to cause death by giving single blow can be attributed to him - Offence falls u/s 304 Part II IPC - Sentence awarded for period already undergone...........
Indian Penal Code, 1860, Section 302, 304(Part II), 34 -- Murder - Conviction u/s 302 - Appeal against - Act done with knowledge that it is likely to cause death - Deceased died in a dispute over payment of Rs. 20 - No evidence to prove any premeditation to cause death - Entire event appears to have taken place on spur of moment - Appellants alleged to have assaulted..........
Indian Penal Code, 1860, Section 304 Part II -- Injury on chest of deceased caused with chhuri - Occurrence took place suddenly without any premeditation - Accused had no intention of causing any particular injury - However accused must be having knowledge that death may be caused by his act - Case falls within ambit of S.304 Part II - Conviction altered from S.302 to 304..........
Indian Penal Code, 1860, Section 300, 304 Part II, Evidence Act, 1872, Section 3, 45 -- Refusal to pay agreed commission - Accused picked up wooden reaper available on spot and hitting deceased on his ear, resulting in his death on way to hospital - Evidence of eye witnesses conclusive but medical evidence not so - Rejection of evidence of eye witnesses on ground that..........
Indian Penal Code, 1860, Section 304 Part II -- Sentence of six years and fine of Rs.5,000/- - Accused serving sentence of seven years 10 months - If accused did not deposit fine he could have been detained for a further period of one year - Imprisonment beyond seven years is clearly illegal - State to pay compensation of Rs.5,000/- to widow of deceased in the original..........
Indian Penal Code, 1860, Section 304 Part I -- No intention on part of accused to commit murder and the attended circumstances do not suggest any repeated assault by accused - Case falls u/s 304 Part I of IPC - Sentence reduced to already undergone (Two years and seven months)...........
Indian Penal Code, 1860, Section 302, 304 Part I -- After a scuffle accused inflicted one knife blow on abdomen of deceased - Deceased died after three days of incident - Case falls under Exception 4 to S.300 IPC - Knife blow inflicted on vital organ showed accused had intention to kill accused - Offence falls u/s 304 Part I, IPC and not u/s 302 IPC - Sentence of 10 years..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Quarrel in between accused and PW 5 - Deceased came to pacify the same - Accused inflicted axe blow on head of deceased in a spur of moment and there was no intention to cause death - Offence would wall u/s 304 Part II IPC and not u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or Culpable homicide not amounting to murder - Appeal against acquittal - Trial court convicted accused u/s 302 - Defence taken before High Court that accused had acted in private defence for first time - High Court acquitted the accused on ground that he had merely exercised his right of private defence - Fact..........
