Indian Penal Code, 1860, Section 304, Part I -- Murder - Accused had suspicion that deceased was having illicit relations with his daughter-in-law and was not allowing her to rehabilitate in their house - Accused on seeing deceased must have been infuriated under the heat of passion - Inflicted injuries to the deceased without any intention to kill him - Injury proved..........
Indian Penal Code, 1860, Section 302, 304 Part I, 304 Part II -- Culpable homicide - All murders may be culpable homicide but all culpable homicides are not murder - There are three degrees of culpable homicide - Culpable homicide of the first degree which is murder is the gravest form of culpable homicide - Culpable homicide of the second degree is punishable under first..........
Indian Penal Code, 1860, Section 302, 304 Part I and II -- Murder - Single blow - There exists no hard and fast rule, nor there can be any such rule that by inflicting a single blow, offence would not fall with provisions of section 300 and that it must always fall within Section 304 Part I or Section 304 Part II - Various features such as weapon of offence, intention of..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Non use of dangerous or deadly weapon or injuries not caused on vital part of body - May not necessarily take out the offence from the clutches of S.300 Thirdly IPC - Death may take place on account of large number of blows given by a blunt weapon like lathi on hands and legs causing fractures - Though the injuries may not..........
Criminal Procedure Code, 1973, Section 311 -- Indian Penal Code, 1860, Sections 302, 201 and 120-B - Re-examination of witnesses - Allowed by Sessions Judge - Revision - It is necessary for prosecution to disclose grounds on which witnesses were sought to be re-examined - Impugned order did not disclose any cogent reason for re-examination of witnesses - Held, that in..........
Indian Penal Code, 1860, Section 228A, 376 -- Rape case - Identity of victim - Disclosure of - Section 228-A of the Code making disclosure of the identity of the victim of certain offence punishable r This restriction for printing or publishing of the name of the prosecutrix is not applicable to the Courts yet the Courts should so far as possible avoid disclosing names of..........
Indian Penal Code, 1860, Section 425 -- Ingredients of the provision are: (i) intention to cause or knowledge that he is likely to cause wrongful loss or damage to the public or to any person; (ii) causing destruction of some property or any change in the property or in the situation thereof; and (iii) the change so made destroying or diminishing the value or utility or..........
Indian Penal Code, 1860, Section 304 Part I, Evidence Act, 1872, Section 24 -- Murder - Murder of wife - Extra judicial confession - Accused assaulted her wife with a brick on back portion of her head and stomach - Prosecution case that appellant made an extra judicial confession before PWs that he caused death of deceased by assaulting her - Conviction under Section 304..........
Indian Penal Code, 1860, Section 171(D) -- Personation at elections - What is to be proved in a prosecution for the offence under Section 171-D is that the indictee `applied for voting (ballot) paper' in the name of any person - It is not the law that it must be proved invariably that he had voted or had attempted to vote in the election - All that need be proved is that..........
Indian Penal Code, 1860, Section 300, 34 -- Murder - Common intention - Accused with lethal weapons attacked unarmed deceased due to previous enmity - Presence of eye witnesses at place of occurrence, natural - Testimony of eye witnesses inspiring confidence - Non identification of weapons handled by each accused, not fatal - Evidence of Doctor cannot be discarded merely..........
