Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of appellant not premeditated but is a result of sudden fight and quarrel in the heat of passion - Accused had knowledge that such an act can result in the death of deceased, but there was no intention to kill deceased - Finding converted from S.302 to S.304(Part II) IPC and accused sentenced to..........
Indian Penal Code, 1860, Section 302 -- Murder - Required materials for murder include intention, cause of death (the act has to be done with the knowledge that the act may cause the death of another) and bodily injury (there must be intent to cause such bodily injury as is likely to cause death)...........
Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Death by poisoning - Merely bald statements made by father of deceased which do not indicate any wrong doing on the part of accused - In the absence of any proximity between the alleged act of accused and suicide of deceased, ingredients of S.306 IPC are completely missing - Acquittal upheld...........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Reduction of sentence - FIR lodged in the year 2013 - Accused has suffered the agony of trial for more than 10 years - He is not involved in any other criminal activity after his conviction - No other criminal case is pending against accused - Out of substantive sentence of 1-1/2 years,..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Allegation that upon witnessing mother/accused in a compromising position with co-accused, deceased became severely depressed and ultimately hanged himself to death, does not at all prove that accused persons intentionally instigated or abetted deceased to commit suicide -..........
Indian Penal Code, 1860, Section 302, 201, 148, 149 -- Murder - Complainant father of deceased is sole eye witness - Complainant not deposed anything as to why he had not tried to intervene and save his son - He neither seen anyone killing his son nor he had deposed that he had seen anyone burning the victim - He deposed that accused assaulted his son with a knife and iron..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 420, 511, 468, 471 -- Probation - Offence u/ss 420, 511, 468, 471 IPC - Accused had undergone trauma of criminal trial for last so many years - He has no criminal antecedents - None of offences in which accused was convicted, entail the punishment of death or imprisonment of life - Benefit of..........
