Indian Penal Code, 1860, Section 302 -- Injuries not inflicted in self defence - In view of gruesome murder of three persons not sparing even children, no interference warranted in order of conviction...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Commuted to one of life imprisonment - The murder were committed in the year 1984 and appellants have been suffering incarceration in unbroken continuity and on awarding death sentence in 1996 the shadow of death must have haunted the accused and it is not possible to assign with certainty the fatal blows..........
Indian Penal Code, 1860, Section 302, 100 -- Murder - Right of private defence - Non explanation of injuries on the person of accused - Assault by deceased not claimed - Injuries not claimed to be suffered at the hands of deceased - Case of accused that he is falsely implicated and that the killing was done by unidentified assailants - Question of explaining injuries on..........
Indian Penal Code, 1860, Section 302, 304 Part I -- Sudden quarrel - Assault with a stick - Accused then gave a blow with stick on head and deceased suffered serious injuries and succumbed to injuries - Offence falls u/s 304 Part I IPC - Conviction altered from one u/s 302 to 304 Part I IPC...........
Indian Penal Code, 1860, Section 302 -- Nature of offence - One blow - It cannot be said as a rule of universal application that whenever one blow is given S.302 IPC is ruled out - It would depend upon facts of each case - The weapon used, size of the weapon, place where the assault took place, background facts leading to the assault, part of the body where the blow was..........
Indian Penal Code, 1860, Section 302, 304 -- Part I - Sudden quarrel - Assault with a stick - Accused then gave a blow with stick on head and deceased suffered serious injuries and succumbed to injuries - Offence falls u/s 304 Part I IPC - Conviction altered from one u/s 302 to 304 Part I IPC...........
Indian Penal Code, 1860, Section 302 -- Nature of offence - One blow - It cannot be said as a rule of universal application that whenever one blow is given S.302 IPC is ruled out - It would depend upon facts of each case - The weapon used, size of the weapon, place where the assault took place, background facts leading to the assault, part of the body where the blow was..........
Indian Penal Code, 1860, Section 302 -- Death of wife by burning - Only husband was present and none else - It is for husband to explain how deceased met her death - No explanation - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appellant entered house of deceased at the dead of night carrying a lethal weapon - Inflicted four stab wounds on deceased - Delay in lodging FIR explained - Testimony of relation witnesses found trustworthy and reliable - Recovery of blood stained weapon from house of accused - Blood group of deceased was found..........
Indian Penal Code, 1860, Section 302 -- Murder - No inflexible rule that accused should be acquitted where identification of dead body, cause of death and recovery of weapon of offence are not established - Charge against accused otherwise can be established on the basis of other reliable and trustworthy evidence...........
