Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Altercation between accused and deceased was a result of a sudden and unpremeditated fight that took place - On seeing deceased inappropriately touching his sister, A-2 lost his temper and in a fit of anger, caught hold of him and assaulted deceased with the help of other accused which resulted in..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - False implication - Once name of deceased were recorded in rukka and subsequently in FIR on the basis of statement made by PW2/eye witness, irrespective of said witness having turned hostile, accused cannot be heard that complainant tried to incriminate them or has planted recoveries to frame them falsely...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - Recovery of weapons of offence - Non-joining of any public witness at the time of recovering weapons of offence is not enough reason to doubt truthfulness of testimony of police witnesses or discard their evidence - Their testimony inspires confidence - Even otherwise, conviction of accused is not based solely..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor went to house of his i, laws and quarreled with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his wife/deceased under the pretext that she was afflicted by evil spirits - Assault was so brutal that deceased was killed on the spot - Accused as well as maternal family members of deceased are totally rustic, illiterate villagers and all of them misunderstood the symptoms of..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/s 304(Part II), 34 IPC - Evidence of injured eye witness - Presence of PW3 on the spot cannot be doubted, as medical evidence supports prosecution story including his injury report supported by post mortem report of deceased - Evidence of PW3 is reliable, believable and inspire implicit confidence as well as..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 304(Part II), 34 -- Statement of accused - Offence u/s 304(Part II), 34 IPC - Accused did not produce any evidence in support of his defence and made a bald statement - Involvement of accused established by injured eye witness - Accused rightly convicted...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/s 304(Part II), 34 IPC - Reduction of sentence - Incident happened in 1995 - Alleged unfortunate incident took place between two group of young boys without any premeditation - Accused has no previous criminal record - He has served sentence of more than 3 years and five months - Considering nature of crime,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Motive of crime is that an altercation took place between accused and deceased about 10-15 days before the occurrence - However, details of same not given - No FIR of alleged altercation was registered - Accused were not armed with any weapon - PW7, brother of deceased had seen accused strangulating..........
