Indian Penal Code, 1860, Section 302, 304, 498A -- Dowry death - Death by burning within seven years of marriage - Two dying declarations contradictory to each other cannot be relied upon - There is no evidence on record that deceased was put on fire and as a result, whereof, she received burns and succumbed, thereto - Charge u/s 302 IPC, held, not proved - Accused..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden quarrel between husband and wife - Wife herself sprinkled kerosene oil on her - Accused lit the match stick - When wife caught fire husband tried to extinguish fire and took her to hospital - Accused was not having any intention to commit murder - Conviction altered from S.302 IPC to S.304(Part..........
Criminal Procedure Code, 1973, Section 303, 304, Constitution of India, 1950, Article 227, Mizoram Liquor Total Prohibition Act, 1995, Section 8(1), 45 -- Legal assistance - When petitioners admitted to charge, they did not have benefit of any legal assistance - Noting of record to show that they were made aware of consequence of their admission - Held, framing of charge..........
Indian Penal Code, 1860, Section 302, 304(Part II), 34 -- Nature of offence - Quarrel - Lathi blow on head - Incident occurred at spur of moment without intention or motive - Common intention developing later - Offence made out u/s 304(Part II) - Sentence reduced to that already undergone - Accused to furnish bond u/s 437A Cr.P.C. - Acquittal of others not interfered...........
Indian Penal Code, 1860, Section 304(Part II) -- Accused had knowledge that his actions are likely to cause death - However, he had no intention to kill - Conviction converted to one u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304(Part II) -- Injuries on head with iron rod - Accused had knowledge that if a person is hit with an iron rod on the head, then act is likely to cause death of the victim - Accused, held, guilty u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304, Criminal Procedure Code, 1973, Section 482 -- Culpable homicide not amounting to murder - Allegations of not carrying out a prompt search of missing children; of delay in lodging of formal complaint with police and failure to take adequate measures to guard access from ashram to river are principal allegations made in FIR - Held,..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Part I,447,504 - Murder - Conviction u/s 302/34 IPC - Appeal against - Propriety - Appellants not intend to kill deceased - It all happened in spur of moment upon heated exchange of words between parties after criminal trespass by appellants on to the land of deceased - Not a pre-determined or pre-meditated case -..........
Indian Penal Code, 1860, Section 304, 279 -- Rash and negligent driving - Culpability - Even when one is driving vehicle at slow speed but recklessly and negligently - It would amount to `rash and negligent driving' u/s 279 IPC...........
Indian Penal Code, 1860, Section 304, 279, Evidence Act, 1872, Section 106 -- Road accident case - Doctrine of res ipsa loquitor - Applicability in criminal cases - Held, it is equally extended to criminal cases of accident and not merely to civil jurisprudence provided attendant circumstances and basic facts are proved...........
