Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Motive of crime is that an altercation took place between accused and deceased about 10-15 days before the occurrence - However, details of same not given - No FIR of alleged altercation was registered - Accused were not armed with any weapon - PW7, brother of deceased had seen accused strangulating..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Motive - Prosecution failed to prove motive attributed to accused - Accused was frequent visitor to house of deceased - He never raised any dispute with deceased in presence of PW1 - Case of prosecution is that accused was demanding Rs.10,000 for simple reason that he had to make FDR of said amount - However,..........
Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden fight between parties started in the heat of passion upon a sudden quarrel - Occurrence was without pre-meditation - Accused and co-accused were not pre-armed - Deceased sustained as many as nine injuries except injury Nos.1 to 3, caused on head and all other injuries..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Indian Penal Code, 1860, Section 379, 447, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 447 IPC - Petitioners were continuously in possession of land from where they have harvested paddy crop - They have not committed the offence punishable u/ss 379, 447 IPC for which FIR is registered - Proceedings in pursuance to FIR is nothing but misuse of process of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused `V' retaliated with use of a country made firearm in a fit of anger when he saw his aged father/accused `M' hitting at victim with butt side of his gun - Evidence against accused `M' does not establish that he had any intention of causing any fatal injury to deceased as he was using his gun..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Quantum of sentence - Accused `M' is in his advance age of 78 years - He is thus liable to be set free on sentence undergone but with enhanced fine to the tune of Rs.5000/- - However, conviction of accused `V' u/s 304(Part I) IPC is 10 years R.I...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Cause of death was due to injury to vital organ i.e brain - Accused gave blow with reverse side of axe on vital part of deceased - Co-accused also gave beatings to deceased with iron rods - Accused thus, had intention to cause death of deceased - Motive of crime not proved by prosecution - Recoveries..........
