Indian Penal Code, 1860, Section 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Offence u/ss 304(Part II), 148, 149 IPC and S.9-B(2) of Explosives Act - Offence were committed about four decades back - Accused at present are of advanced age - Sentence of accused u/s 304(Part II) IPC modified to R.I of 5 years with enhancement of fine of Rs.50,000 in respect..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - No past animosity between deceased and accused - There is little evidence to establish that accused had any intention of causing death or causing bodily injury that was likely to cause death - Deceased and accused were friends and were having drinks together - Blows delivered by accused were..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Accused surrendered voluntarily before police on very same day of incident and had made no escape from law - He has no criminal antecedents - Accused already undergone actual custody of more than 5 years - Since conviction modified from S.304(Part I) to S.304(Part II) IPC, sentence awarded to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused had made assault on deceased and she sustained simple injuries - However, no fracture or grievous injury was found over body of deceased - Deceased was aged about 88 years, therefore, being sick and infirm, she could not bear assault of Danda and died after some time - Accused had no..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation of PWs that both accused inflicted blows on head of deceased is contradicted by medical testimony - Even, Medical officer did not express any opinion in his evidence that head injury on person of deceased was sufficient in ordinary course of nature to cause death - Four other accused..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Sudden and free fight - Accused `P' attributed injury on head of deceased - Accused also suffered injuries - It can be said that accused `P' had no intention to commit murder of deceased but had knowledge that injury inflicted by him could result in his death - Conviction altered from S.302 to S.304..........
Indian Penal Code, 1860, Section 302, 323, 304(Part-II) -- Nature of offence - Altercation between husband/accused and complainant/wife on fateful night when victim/child sustained injury caused by accused - Although death has a nexus with act caused by accused on victim, but it was not done to cause death nor was it done with knowledge of accused that such an act would be..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Appellant shot the deceased while he was attempting to pluck fruit from defence enclave - Appellant was deprived of power of self control upon sudden provocation by children - There was no calculated intention or pre-meditation on his part to commit murder - Offence committed falls under first except..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Single blow was given to accused that too at the back - No attempt was made to give another blow and there is no evidence to show that accused was prevented from giving such another blow - Intention of accused was thus, not to kill deceased - Moreover, blow was not so imminently dangerous that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden quarrel arose between parties due to trivial issue of grazing buffaloes of accused for which deceased raised objection - Deceased and accused exchanged wordy abuses on which accused gave deceased blows on his head causing six head injuries - There was no prior deliberation or determination to..........
