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..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between accused and deceased after consuming liquor over the issue of seniority - There was no premeditation - Accused snatched a rifle of deceased in the heat of passion and fired only one bullet - There was no intention on the part of accused to kill deceased - Accused is thus, guilty..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused did not misbehave with deceased earlier - PW10 admitted that accused had a nice reputation - Conduct of accused will be mitigating factor for determining sentence - Accused has undergone incarceration for a period of 9 years and approximately 3 months - He thus,..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
