Indian Penal Code, 1860, Section 302, 304 Part I and II -- Murder - Single blow - There exists no hard and fast rule, nor there can be any such rule that by inflicting a single blow, offence would not fall with provisions of section 300 and that it must always fall within Section 304 Part I or Section 304 Part II - Various features such as weapon of offence, intention of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR against unknown assailants - Son of deceased arrested on suspicion - No apprehension expressed by prosecution that accused would tamper with the prosecution evidence or in any manner subvert the process of trial - Accused released on bail...........
Indian Penal Code, 1860, Section 302, 34, 307 -- In execution of decree one accused evicted from property - Three accused surrounded deceased when PWs 1, 2 & 3 were present in the property - Big Dagger below given in abdomen of deceased who fell down and other two accused also assaulted - Gun shots fired at PW2 but he escaped - Conviction - Challenged on ground that PW2..........
Indian Penal Code, 1860, Section 302, 34, 304 Part II -- Nature of offence - One blow inflicted on provocation - No intention to cause death but knowledge that death might be caused - No evidence against accused 'I' as such his conviction set aside - Conviction of accused 'P' altered to be one u/s 304 Part II and sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Murder of brother by gun shots - Deceased hit by gun shot on his chest - Some pallets caused injury to arm of his father - Father of appellant was repairing earth work in front of his house when appellant protested and altercation followed - Defence plea of right of private defence that..........
Indian Penal Code, 1860, Section 302, 34, 307, 34 -- Dispute over flow of water - Parties exchanged abuses - Both parties standing on roof top of their houses - A2 asked his son A1 to bring revolver who brought it and fired a shot which hit deceased who fell down - Appellant A2 then took revolver and started firing shots which hit PW5 and another - Third accused exhorted..........
Indian Penal Code, 1860, Section 302 -- Murder or suicide - Kerosene oil poured and deceased set on fire - Burn injuries on back and right front portion - It is suicide and not murder - If deceased had poured kerosene then not only the right shoulder but the left shoulder, left side abdomen, neck and head would have also got burnt - Accused would not have poured oil on..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Death by burning - Prosecution version that unwanted persons visited mother in law for sexual activities and deceased stopped accused from such activities and that accused poured kerosene oil and set her on fire - Accused 82 years of age and walked with stick - Motive for crime demolished - Infact it was a case of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - Death by burn injuries - Dying declaration - Evidence of mother of deceased that her daughter was not happy with the accused - Victim was conscious when brought to hospital and gave history of being burnt by her husband - Satisfactory explanation was given by PW2 Doctor as to why..........
Indian Penal Code, 1860, Section 302 -- Murder of own wife - Circumstantial evidence - Accused last seen in the company of his wife - Accused concocted a story that he and his wife were attacked by 4 thieves who took away her ornaments but it was found that accused had pledged those ornaments with a money lender - Ornaments recovered from the money lender at the instance..........
