Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused/husband and deceased/wife - Injury was inflicted in course of quarrel at the heat of passion - Accused did not give second blow - There was no intention on part of accused to cause death of deceased - Evidence of PW4 and PW5 coupled with own admission of accused in his..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Testimony of child witness - PW5 was aged about 6 years at the relevant time - Statement of PW5 was recorded belatedly i.e after 11-12 days of incident - Presence of PW5 in house at relevant time is proved - Delay per se of a few days in recording her statement cannot be said to be..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Recovery of blood stained weapon of offence - Recovery effected at the instance of accused from behind cooler in his house - Evidence of PW3, Panch of memorandum of panchnama as well as PW12, supports such recovery - PW8/photographer stated that there was no blood on the spot, as..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Accused was suspecting his wife's character and assaulted her on account of same - Situs of injury is consistent with evidence on record - On the day of incident on being refused tea, accused assaulted deceased with a hammer - Deceased by refusing to make tea for accused, by no..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death of deceased caused on spur of moment as accused was alleged to have disliked practice of deceased in serving parent of accused - However, it was accused who had taken deceased to hospital - Accused has no motive nor any intention of doing away with his wife - Dying declaration which has been..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between husband/accused and wife/deceased - Incident took place on spur of moment after a sudden quarrel - Accused did not act in an extremely cruel manner and blows by lathi were inflicted on non-vital parts of body - However, accused can neither be imputed the intention nor knowledge that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - I.O who examined dead body of deceased during inquest has noted three major injuries on body of deceased - However doctor found two injuries on chest of deceased - There is also a contradictory evidence of eye witnesses and doctor regarding injury suffered by deceased - Benefit of doubt thus, given..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/s 304(Part II), 323 IPC - Complaint is lodged by independent person/doctor through cryptic telephonic message - Said complaint is not concocted one - Version of injured eye witness in wholly corroborated by medical evidence on record - Incident occurred on spur of moment and without pre-meditation - Deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - Accused inflicted below with a weapon like knife and he inflicted injury on deceased on the vital part of body - It is to be presumed that causing such bodily injury was likely to cause death - Case falls u/s 304(Part I) IPC and not u/s 304(Part II) IPC...........
