Indian Penal Code, 1860, Section 300 -- Thirdly - Prosecution must prove the following facts before it can bring a case under S.300, 'thirdly' : First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved - These are purely objective investigations; Thirdly, it must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Prosecution must prove the following facts before it can bring a case under S.300, 'thirdly' : First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved - These are purely objective investigations; Thirdly, it must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause..........
Indian Penal Code, 1860, Section 302 -- Death of wife by burning - Only husband was present and none else - It is for husband to explain how deceased met her death - No explanation - Conviction upheld...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Attack with iron rod - Multiple injuries caused on both the legs - Injuries caused not with single blow of an iron rod - Attacked with premeditated mind and with deadly weapon like iron rod - At the stage of framing charge it is too premature to presume that accused had no intention to cause death of the injured..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To prove an offence it is not essential that bodily injury capable of causing death should have been inflicted - It is sufficient in law if there is present an intent coupled with some overt act in execution thereof, such act being proximate to the crime intended and if the attempt has gone so far that it would..........
Indian Penal Code, 1860, Section 307 -- Conviction - Court not bound by opinion of expert witness - Court has to see the nature and dimensions of injury, its location and the damage that it has caused - Court has to apply its own mind and form its own opinion in this regard, even though expert/doctor may have opined that injury is dangerous to life - No evidence that..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8, Rejection of plaint -- Ground of absence of cause of action - Suit for partition filed by grandsons - As per averments in plaint property is not Joint family property - Therefore, upon death of owner of suit properties, the same were inherited by his legal heirs - Plaintiffs being..........
Indian Penal Code, 1860, Section 302 -- Murder - No inflexible rule that accused should be acquitted where identification of dead body, cause of death and recovery of weapon of offence are not established - Charge against accused otherwise can be established on the basis of other reliable and trustworthy evidence...........
