Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in the heat of moment - There was no premeditation and there was only a sudden fight in the heat of passion, therefore side of informant suffered - Circumstances in which the incident took place, nature of weapons which were used, injuries which had occurred and provocation etc.,..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Sentence - Incident is of the year 1979 - Accused have suffered much and they have undergone the trauma of being convicted persons for almost 41 years - Punishment of imposing a fine of Rs.5000 would be sufficient punishment for accused persons...........
Indian Penal Code, 1860, Section 304(Part II), 328 -- Offence u/ss 304(Part II), 328 IPC - Injured and deceased had taken Tari given by accused which was poisoned leading to hospitalization of five injured and death of deceased - Doctor's report and post mortem report proved that cause of death of accused beyond all reasonable doubt - Even if accused had apparently no..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation in a sudden fight in the heat of passion and upon a sudden quarrel - Evidence on record not shown that accused had either taken undue advantage or acted in a cruel or unusual manner - Case would fall u/s 300 Exception 4 IPC - Accused liable to be convicted u/s..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW24 - Quarrel happened suddenly between deceased and A-2 while consuming liquor - Though it is stated that A-1 had made an attempt to shoot the deceased - Very said fact alone cannot be a ground to bring it..........
Indian Penal Code, 1860, Section 304(Part I), Arms Act, 1959, Section 27 -- Offence u/s 304(Part I) IPC and S.27 of Arms Act - Reduction of sentence - A-1 has already undergone a period of 8 years and 10 months of actual incarceration, with remission he has undergone about 10 years and 2 months - He was married and having 16 years old daughter and his father is bedridden -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Last seen theory - Merely because accused were seen nearby place where crime occurred and accused was holding the chopper, it cannot be said that deceased was last seen in the company of accused - Last seen theory not proved...........
