Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused poured kerosene oil upon his wife and ignited fire, which clearly shows that burn injuries caused with vile intention to kill her - Merely because there was a fight between husband and wife in connection with deceased/wife talking on mobile is not convincing for converting offence u/s 302 IPC..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and deceased were living in rented accommodation, where dead body of deceased was found - He was seen going out after locking the room and room locked for 3 days - Accused made disclosure statement before police and room was opened by accused by taking keys from his pocket in presence of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Quantum of sentence - Accused already undergone a sentence for 3 years 9 months and 22 days with remission of 2 months and 25 days - Maximum punishment provided u/s 304(Part II) IPC is 10 years - Accused was now 44 years old - He hails from a poor background and his conduct in jail was reported..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No overt act alleged against deceased by which it can be stated that accused was provoked - Provocation was voluntary on the part of offender - Such provocation cannot come to the rescue of accused to claim that he is not liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Merely because two fatal injuries noticed during post mortem of dead body of deceased, would not bring case within any exception to hold that it was a case of culpable homicide not amounting to murder, particularly, when offence of murder was otherwise proved on record...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident happened all of a sudden - PW3 stated that her father had hit her mother in fit of anger with ghotna - Accused inflicted two blows on head of deceased - He had no intention to kill deceased since weapon used was only ghotna - PW3 and PW4 had not tried to intervene effectively in the matter -..........
Indian Penal Code, 1860, Section 304(Part I), 324, 149, Explosive Substances Act, 1908, Section 3, 4, 5 -- Offence u/ss 304(Part I), 324, 149 IPC - Bomb blast - Injuries sustained by accused persons were duly explained by prosecution - Pellet injuries as sustained by A-3 were as a result of explosion of bomb which was handed by A-2 - As a result of incident, two deceased..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Panch witnesses - Mere fact that Panch witnesses in support of discovery had turned hostile is no reason to discredit the prosecution case, particularly when testimony of I.O and medical evidence in regard to nature of injuries is entirely consistent with ocular evidence ...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304(Part II) -- Dying declaration - Culpable homicide not amounting to murder - Deceased stated that when he was standing on the road, a person had come from road in his direction and threw chilly powder in his eyes and thereafter assaulted him with a knife in the stomach - Assailant was wearing a black..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Identity of accused - Deceased specifically deposed to the clothes which were worn by assailant at the time of incident in his dying declaration - PW13, who witnessed the incident corroborated the nature of apparel worn by accused - Clothes which were recovered from accused at the..........
