Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Property dispute - Accused attacked deceased with Gupti (digging instrument) and deceased died instantly - Weapon of offence was seized in blood stained condition from accused at the time of his arrest - Accused admittedly digging holes on the ground at the relevant time - Prosecution proved..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Property dispute between parties - Heated altercation took place between accused and his father regarding share of property - When deceased intervened, he sustained fatal injury - Only single injury on chest of deceased was there - Neither injury assaulted to deceased was repeated nor any other..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - No prior enmity between parties - Both were neighbours - Weapon used is lathi and same was not for hitting deceased but seems to have hit deceased while following his wife with the same - No motive is forthcoming - Admittedly, it was dark and there was no provision of light - Moreover, deceased..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304 -- Framing of charge - Charge u/s 304(Part I)PC - FIR was registered at the instance of an eye witness and allegations are supported by medical evidence - Prima facie, a case to frame charge u/s 302 IPC is made out - Reasons given by trial Court for not framing charge u/s 302 IPC, not tenable..........
Indian Penal Code, 1860, Section 304(Part II) -- Injuries sustained by accused party - It is not always incumbent upon prosecution to explain injuries of accused person - Prosecution is obligated to explain injuries of accused only if injuries sustained by accused are grievous in nature...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of injured witnesses, complainant, wife of deceased and brother of complainant is consistent and corroborating each other on various aspects like role played by each accused and weapon wielded by accused - Evidence of these witnesses and eye witness is also corroborated by medical..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-1 alone had previous enmity with deceased and other accused appeared to have joined A-1 only to help him - Considering weapons used namely sticks and nature of injuries, High Court rightly thought it fit to modify the sentence of other accused including A-1 from S.302 IPC to S.304(Part II) IPC...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Common intention - Occurrence undoubtedly took place at the spur of moment without premeditation - Accused only intended to vent their ire against their neighbour for having assaulted their bullocks - It cannot be said that accused had any common intention to kill or knowledge..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Deceased stated to have succumbed to injury on thigh leading to cut of femoral artery - Said injury is attributed to A-2 - Absence of common intention makes him individually answerable - Conviction of A-2 u/s 304(Part II) IPC calls for no interference...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Occurrence took place on the spur of moment long ago in 1980 - Assault made by A-2 was not made on vital part of body - Assailant ran away upon being challenged - Genesis of assault lay in a dispute between neighbours with regard to stray cattle - Sentence..........
