Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Weapon of offence - Injury in question was more probable by `Gandasa' as alleged by accused does not appears to be correct as skull of deceased was found fractured and PW2 has himself stated that he has not seen `Faruhi' - Trial Court thus, rightly recorded the finding that injury in question..........
Indian Penal Code, 1860, Section 304, 80 -- Accident - Benefit of presumption u/s 80 IPC - Prosecution has no case that accused had necessary intention to cause death of deceased - Even, prosecution miserably failed to establish that accused drove vehicle without proper care and caution - Admitted case of prosecution is that wooden logs and rocks were placed across the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - There was no premeditation and there was an altercation between deceased and accused - Deceased questioned as to whether his revolver was filled with bullets or not and whether his fire arm was working or not - Possibility of accused being short tempered responding in an unfortunate manner cannot be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Sentence - Accused had already suffered incarceration for over 10 years - Sentence of accused thus, modified to the sentence to period already undergone by him - In addition, accused had to pay Rs.1000 as fine and in default will undergo S.I for a period of 6 months...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Reduction of sentence - Incident occurred on the spur of moment without any intention to cause any fatal injury - Accused had already undergone 17 months of incarceration - Sentence awarded to accused reduced to period already undergone by him and fine of Rs.50,000/- is imposed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Indian Penal Code, 1860, Section 304, 447 -- Offence u/ss 304, 447 IPC - Reduction of sentence - Incident occurred over a small cause of grazing of goats - No previous animosity between parties - More than 30 years elapsed - Sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - PWs 4 & 5 stated that when they were playing in front of house of deceased, she was washing cloths and subsequently by 10 am went inside and closed doors - There was no one in the house at the relevant time except deceased - Door was forced open to get deceased out and she was laid in the..........