Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred without any premeditation - Accused had not taken any undue advantage or acted in a cruel or unusual manner - He was the only son of his aged parents - Sentence of accused reduced to 5 years in place of 7 years...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Incident occurred without any premeditation - Accused had not taken any undue advantage or acted in a cruel or unusual manner - He was the only son of his aged parents - Sentence of accused reduced to 5 years in place of 7 years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Mere fact that there was quarrel between mother-in-law/PW1 and accused in the morning of date of incident, because accused wanted to go to her place of her father, it cannot be said that such a quarrel would make a case of grave and sudden provocation to commit the murder of deceased - Case cannot be brought..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident is not pre-mediated - Pre-mediation was the meeting between prosecutrix/informant and accused which was marred by awakening of deceased/mother-in-law of informant which led to subsequent incident - Lust and passion of accused got better of him leading assault committed upon deceased - Act of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused though had knowledge and intention that his act would cause bodily harm to deceased but did not want to do away with deceased - Case of accused thus, falls u/s 300 Exceptions 1 to 4 IPC - Accused liable to be convicted u/s 304(Part I) IPC and sentenced to R.I of 10 years with fine of Rs.5,000..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No premeditation on the part of accused to cause death of deceased - However, since deceased assaulted accused 2-4 times before 2 hours of incident, accused who was in intoxicant condition assaulted deceased on his chest by which he suffered grievous injuries and died - There was intent and knowledge..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
