Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between side of deceased and accused person relating to one woman - Accused inflicted stab wound in the abdomen of deceased resulting in his death - Only one stab injury found on the abdomen of deceased - Accused immediately went away from place of occurrence without giving any further blow -..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Single fist blow given by accused to deceased - There is no allegation of repeated blows on any part of body of deceased or even use of weapon by accused - Element of intention to cause death is conspicuously missing - Even knowledge of causing such injury which is likely to cause death also cannot..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 429, 435 -- Delay in lodging FIR - Offence u/ss 429, 435 IPC - Accused allegedly put hut of complainant on fire and committed a mischief by killing a calf - He himself in his statement u/s 313 Cr.P.C stated that Panchayat was convened to effect a compromise a day after alleged occurrence - Efforts..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 429, 435 -- Probation - Offence u/ss 429, 435 IPC - Accused not undergone any part of his substantive sentence, yet he faced agony of a protracted trial for past 18 years - He was not a previous convict as per his custody certificate nor he is involved in any other criminal case - No useful..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single blow on vital part of body like head and that too by deadly weapon axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within definition of S.300 IPC - Accused liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Merely because altercation might have taken place much earlier and not immediately prior to and/or at the time of commission of offence, it cannot be inferred that there was no intention on part of accused to cause death of deceased - Conversion of conviction by High Court from S.302 IPC to S.304(Part..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
