Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused `V' retaliated with use of a country made firearm in a fit of anger when he saw his aged father/accused `M' hitting at victim with butt side of his gun - Evidence against accused `M' does not establish that he had any intention of causing any fatal injury to deceased as he was using his gun..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Quantum of sentence - Accused `M' is in his advance age of 78 years - He is thus liable to be set free on sentence undergone but with enhanced fine to the tune of Rs.5000/- - However, conviction of accused `V' u/s 304(Part I) IPC is 10 years R.I...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Cause of death was due to injury to vital organ i.e brain - Accused gave blow with reverse side of axe on vital part of deceased - Co-accused also gave beatings to deceased with iron rods - Accused thus, had intention to cause death of deceased - Motive of crime not proved by prosecution - Recoveries..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Even, a single blow on the vital part of the body of deceased which proved fatal shows accused intention to cause death of deceased - Conviction of accused modified from S.302 IPC to S.304 Part-I IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted four stab wounds to deceased and inflicted one stab wound to PW7 - Ocular version is duly corroborated by medical evidence - Presence of PW7 at the spot cannot be doubted - PW7 and PW8 had no reason to falsely involve accused in the case - Since deceased had suffered four stab..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part I), 325, 201, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part I), 325, 201, 34 IPC - Accused are in judicial custody for more than 5 years - Substantive sentence as awarded to accused is thus, suspended during pendency of appeal - Application allowed...........
Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Free fight between parties - Deceased sustained injury on his head which was caused by accused `R' - Said injury caused by accused `R' was on vital part of body i.e on head and proved to be fatal - Merely because accused `R' caused the injury on the head by blunt side of Farsa, High..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Heated altercations between accused and deceased took place at the spur of moment and when deceased was involved in altercation with wife of accused, accused suddenly came and inflicted axe blows to deceased - Nothing on record to show that there was any previous enmity between accused and deceased -..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - PW not supported charge leveled against accused - Deceased was found alive by witnesses, none of them were reported by injured that it was accused who had inflicted such injuries on him - No evidence on record that weapon recovered was used by accused while committing offence and even same..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor gone to house of his i, laws and quarrel with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
