Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Merely because altercation might have taken place much earlier and not immediately prior to and/or at the time of commission of offence, it cannot be inferred that there was no intention on part of accused to cause death of deceased - Conversion of conviction by High Court from S.302 IPC to S.304(Part..........
Indian Penal Code, 1860, Section 304A, 304(Part II) - - Eye witnesses stated that accused while driving has on three occasions hit the deceased/child and on each occasion accused indifferently and repeated her act on two more occasions by hitting the child - Conduct of accused could have been prima facie accepted to be that of rash and negligent act, if accused would have..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused and deceased - Accused dragged deceased from verandah to village road and under a jack fruit tree he again picked up quarrel with deceased - When others started to disengage them from further quarrel, accused became aggressive and gave a blow by means of a wooden stick on the..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Political enmity between parties - Accused was suddenly confronted with victims and in fight ensued in which injuries came to be inflicted upon deceased and other victims - Incident occurred due to sudden fight without any premeditation - Cause of death of deceased is knife blow on chest of deceased -..........
Indian Penal Code, 1860, Section 100, 304(Part I) -- Right to private defence - Offence u/s 304(Part I) IPC - All the injured witnesses have consistently deposed death of deceased by accused - Injury received by accused is not serious, therefore, he could not have attacked deceased on chest which is vital part, as such injury is likely to cause death - Accused is not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased abused accused who got annoyed and first attacked deceased and on seeing this PW1 gave stick blow on the head of accused and thereafter accused went to his house and came back with gupti and inflicted gupti injury on left armpit of deceased - Inflicting injury on deceased is part of same..........
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a) - - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
