Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden fight and there was no pre-meditation - Iron rod is picked up at the spur of moment at the time of incident and used to compress the neck forcefully - It is nothing but an act committed by accused in a heat of passion - Having regard to nature and manner of incident, it..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased in her dying declaration stated that incident occurred due to quarrel going on between her and her husband and he threw burning stove on her - There is no evidence of any strained relations between accused and deceased - There cannot be any issue that when a person throws a burning stove on..........
Indian Penal Code, 1860, Section 304(Part II),341,323,304,34 -- Nature of offence - Murder - As per oral evidence and other material on record, it is evident that occurrence happened in evening in continuation of altercation that occurred in morning - This shows that there was no premeditation or pre-plan to commit murder of deceased - Conviction of accused u/ss 304, 34..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment - There was quarrel between father and daughter as to where bulb is to be put on - In sudden quarrel and in spur of moment, accused threw chimney lamp on his daughter - Occurrence was sudden and there was no premeditation - Chimney lamp was burning which accused..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased had multiple stab wounds on the chest - It cannot be said that accused have acted at spur of moment without pre-mediation and accused did not take any advantage or acted in a cruel or unusual manner - It is not a case of single injury which one can infer on account of sudden fight - Presence of two..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased and accused purchased liquor and after consuming the same, heated altercation took place between them and in the heat of passion accused assaulted deceased by fist and kicks and in the incident deceased sustained injuries on vital organs - Accused had no intention to cause death or inflict..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred in a heat of quarrel without any intention - Accused is in jail for the last more than 5 years - Sentence of accused thus, reduced from 10 years R.I to 6 years imprisonment - However, no interference warranted in fine of Rs.10,000 and in default..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between side of deceased and accused person relating to one woman - Accused inflicted stab wound in the abdomen of deceased resulting in his death - Only one stab injury found on the abdomen of deceased - Accused immediately went away from place of occurrence without giving any further blow -..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Single fist blow given by accused to deceased - There is no allegation of repeated blows on any part of body of deceased or even use of weapon by accused - Element of intention to cause death is conspicuously missing - Even knowledge of causing such injury which is likely to cause death also cannot..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single blow on vital part of body like head and that too by deadly weapon axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within definition of S.300 IPC - Accused liable to be convicted u/s 302 IPC...........
