Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - During course of exchange of galata or quarrel between deceased and accused, accused took out a chopper and assaulted deceased - Considering the length, width and depth of the injury, accused might have knowledge that deceased may die due to such injuries, but he might not have any intention to cause..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused has been in judicial custody for more than 9 years - Offence u/s 304(Part I) IPC is punishable with life or imprisonment for 10 years - Sentence already undergone by accused thus, sufficient punishment for conviction u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused/SPO in uniform gave kick blows to deceased with his shoes when deceased was lying on the ground - Eye witnesses to the incident clearly demonstrates and proves the guilt of accused - Medical evidence also supports prosecution case - Entire occurrence took place not at the spur of moment -..........
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..........
