Indian Penal Code, 1860, Section 80 -- Burden of Proof - Presumption is against the accused who pleads exception u/s 80 - Burden of proof lies on accused...........
Indian Penal Code, 1860, Section 80 -- Scope and Ambit - Requirement - Primordial requirement of section 80 is that the act which killed other person must have been done with proper care and caution - Care and circumspection taken by accused must be one taken by prudent and reasonable man - Where act of the accused is itself criminal in nature protection u/s 80 is not..........
Indian Penal Code, 1860, Section 304A -- Section 299 and 300 - Culpable Homicide - Section 304-A is attracted in case of death caused by rash and negligent acts and not amounting to culpable homicide u/s 299 or murder u/s 300 - Intention and knowledge to cause death absent in case of section 304-A - When intent or knowledge is the direct motivating force of the act -..........
Indian Penal Code, 1860, Section 80, 304A -- Accused picking gun, unlocked it and put the cartridges and fired from close range - Neither section 80 nor Section 304-A attracted - Accused convicted u/s 304 Part II...........
Indian Penal Code, 1860, Section 299, 300 -- Culpable Homicide and Murder - Scope and Ambit - Culpable Homicide is genus and murder is specie - All murder is culpable Homicide but not vice versa - There are three degree of Culpable Homicide - First gravest form defined as murder in section 300 - Second degree is punishable under first part of section 304 - Third is..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable Homicide and Murder - Scope and Ambit - Distinction between two...........
Indian Penal Code, 1860, Section 107 -- Abetment - Ingredients - Includes instigating any person to do a thing or engaging with one or more person in any conspiracy for the doing of a thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing, or intentional aid by any act or illegal omission to the doing of..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Presumption as to Abetment - Unlike Section 113-B a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A - Prosecution has first to establish suicide within a period of seven years of marriage and that accused had subjected her to..........
Indian Penal Code, 1860, Section 306, 107, 498A -- Evidence Act, 1872, S.113-A - Suicide - Abetment - No direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide or entered into any conspiracy to aid her in committing suicide - Improvements made by prosecution - No case for conviction u/s 306 - However allegation u/s 498-A..........
Indian Penal Code, 1860, Section 498A -- Suicide - Parents of deceased wife not supporting the case of prosecution - Cause of misunderstanding between husband and wife was three children of sister of husband who were living with them and were being looked after by husband - Wife resenting this - This cannot be said to be act of cruelty - Conviction u/s 498-A set aside...........
