Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Indian Penal Code, 1860, Section 304 -- Charge - Dropping of charge u/s 304(Part I)PC - Collapse of building due to earthquake - 98 persons lost their lives - Earthquake engulfed almost entire State of Gujarat - Out of four towers erected by accused only one tower had collapsed - Moreover, almost 12 buildings collapsed in the State - In all other cases no charge u/s..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Initially there was altercation and quarrel between deceased and elder brother of accused and in course of such quarrel suddenly accused assaulted deceased - Nature of injury revealed from post mortem report and medical evidence demonstrate that injuries were caused by blunt weapon - However, it..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred when deceased aimed a rifle at accused and due to altercation between them, accused used his gun to fire at deceased - Fire by accused is due to threat perception created by deceased in the mind of accused - Case of accused would fall under ambit of right to private defence, however,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Murder - Conviction u/s 304(Part I) - Incident occurred at the spur of moment in heat of anger - Admittedly, accused was in drunken condition at the time of incident - Accused was upset with his father and when his father went to offer him food, he ran inside and picked up a knife with which he..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - In an offence u/s 304 Part-II IPC intention is missing and prosecution has to prove death of a person in question and such death should be caused by the act of accused knowing that such act is likely to cause death, whereas, for offence u/s 304 Part-I IPC both knowledge and intention is..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred in sudden fight between deceased and accused party after wordy quarrel - Accused inflicted farsi blow on the head of deceased - There was no premeditation - Only one injury caused to deceased, which indicates that accused has not taken any undue advantage of deceased - Manner of occurrence..........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 32(1) -- Offence u/s 304(Part II) IPC - Deceased had acid injuries as well as bomb blast injuries - He lost his eye sight and lost his right foot in acid attack - Injuries on the body of deceased fully support the prosecution case - Statement made by deceased u/s 161 Cr.P.C is admissible u/s 32 of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the course of sudden fight - Juvenile accused inflicted injuries on deceased while appellants held deceased - Injuries inflicted on deceased is on backside piercing left lung which shows intention of juvenile accused who inflicted injury - Appellants not taken any undue advantage..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Conviction u/s 302 IPC - Nature of injuries sustained by deceased grievous, sufficient to cause death in the ordinary course of nature - Accused did not set up a defence that there was a sudden quarrel in which they too received injuries from the deceased - Accused had clearly taken undue advantage of the..........
