Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused saw deceased/wife drenched in kerosene clearly took advantage of situation and lightened a match stick and threw it upon her so that she is burnt - He having taken undue advantage of situation cannot take advantage of benefit of S.300 Exception 4 IPC so as to bring case within ambit of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused is 50 years of age now - Appeal against conviction is pending since the year 2009 - Ends of justice would be met if sentence imposed against accused is reduced to 7 years while maintaining the fine and default sentence should be of S.I...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused caused gun shot injury to deceased which led to his death - He visited the house of deceased carrying his licensed gun - If there was no pre-mediation accused would not have carried his gun with him to the house of deceased - No sudden quarrel between accused and deceased - Accused acted in a..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased stopped accused side from digging the foundation - Allegation against accused is of causing injury on the face of deceased - Role of accused is akin to that of other co-accused - Conviction of accused altered from S.302 IPC to S.304(Part II)..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
