Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Applicant not named in FIR - Identification of applicant not done by the informant - Person claiming to be eye witness and relative of deceased did not carry deceased to hospital nor lodged FIR - In the charge-sheet it was mentioned that from unknown sources the complicity..........
Indian Penal Code, 1860, Section 302 -- Murder - Culpable homicide and murder - Distinction - In the scheme of the IPC culpable homicide is genus and murder its specie - All murder is culpable homicide but not vice-versa - Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused assaulted the deceased with a knife which was concealed by him - Accused had inflicted injuries on left side of head, eye brow and right ear of deceased - Injury proved fatal - Accused held guilty of murder...........
Indian Penal Code, 1860, Section 302 -- Murder - Culpable homicide and murder - Distinction - In the scheme of the IPC culpable homicide is genus and murder its specie - All murder is culpable homicide but not vice-versa - Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused assaulted the deceased with a knife which was concealed by him - Accused had inflicted injuries on left side of head, eye brow and right ear of deceased - Injury proved fatal - Accused held guilty of murder...........
Indian Penal Code, 1860, Section 302, 304 -- Part I, Part II - Nature of offence - Death on account of single blow - By itself not sufficient to hold that offence is one u/s 304 and not u/s 302 - Whole thing depends upon the intention to cause death - Intention to cause death can be gathered generally from a combination of a few or several of the following, among other,..........
Indian Penal Code, 1860, Section 302, 323, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Deceased and his son attacked appellant with sticks and to protect his head raised the hands and got injuries on elbow - Appellant apprehending grievous hurt, picked up thorny stick lying on spot and hit the deceased to protect himself and not with intention of killing him -..........
Indian Penal Code, 1860, Section 302, 120B -- Conviction - Appeal against - PW1 not supporting prosecution and declared hostile - Prosecution failing to prove appellant as murderer as such it cannot be said that FIR lodged by appellant was false - Appellant arranged tractor for sending deceased to hospital - Blood stained lathi recovered after six months from house of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Attempt to murder - Common intention - Fire arm injuries - Old enmity between parties - Prosecution version supported by witnesses - Charge-sheet submitted against accused by C.B.C.I.D. - Probability of fleeing the accused from justice and his tempering with the..........
Indian Penal Code, 1860, Section 302, 304 Part I, 304 Part II -- Culpable homicide - All murders may be culpable homicide but all culpable homicides are not murder - There are three degrees of culpable homicide - Culpable homicide of the first degree which is murder is the gravest form of culpable homicide - Culpable homicide of the second degree is punishable under first..........
