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..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden and grave provocation - Deceased called accused No.1 and her daughter as prostitutes - No lady would like to hear such a word from her husband and most importantly she would not be ready to hear such a word against her daughter - Incident result of a sudden and grave provocation - Case falls..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of passion, there was..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident not occurred at the spur of moment - Medical record reveals that eight injuries were found on the body of deceased - Merely because accused assaulted deceased on his head once or twice only, it cannot be said that offence committed by him is u/s 304(Part I) IPC - Having regard to weapon used,..........
Indian Penal Code, 1860, Section 302, 34, 304 - - Nature of offence - Murder - Sudden fight - Allegedly, elder brother of complainant was preventing accused from hurling abuses on one `A' and when deceased tried to intervene in the matter accused killed the deceased - This shows that there was no intention of accused to kill the deceased - Moreover, though accused has..........
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 304(Part II) -- Confession before registration of an offence - Offence u/s 304(Part II) IPC - Accused visited police station and narrated incident to police that she assaulted her husband - Statement of accused led to discovery of a fact that her husband had died in the house due to injury - Onus of..........
