Indian Penal Code, 1860, Section 300, 302, 304 -- Murder - In course of quarrel between accused and deceased, accused asked his son to bring axe from house, and on getting axe in his hand, hit deceased indiscriminately on head and other vital parts of body, resulting in instant death of deceased - Act of accused is not one that was done on spur of moment with no..........
Evidence Act, 1872, Section 27, 114, Indian Penal Code, 1860, Section 300, Criminal Procedure Code, 1973, Section 100(5), 161, 162 -- Murder - Discovery of weapon alleged to have been used to commit crime - Discovery made as consequence of statement made by accused person in police custody - Seizure Panch who had signed seizure memo turning hostile - No ground to discard..........
Indian Penal Code, 1860, Section 300 - - Sudden fight upon a sudden quarrel - On facts, if so or merely a mutual fight - Appellants went to the house of complainant house well prepared for a fight and provoked the complainant party and initiated a quarrel - They took undue advantage of the deceased being unarmed and attacked him causing his death - There was no sudden..........
Indian Penal Code, 1860, Section 300 -- Murder - Circumstantial evidence - Accused and deceased last seen together on the day of incident and that accused was seen running away from scene of offence - No evidence that accused had weapon with him or that his clothes were bloodstained or any other evidence that could link the accused with the offence - Sickle, alleged to be..........
Indian Penal Code, 1860, Section 300 -- Exceptions - Grave and sudden provocation - Cause of quarrel is not relevant nor is it relevant who offered the provocation or started the fight...........
Indian Penal Code, 1860, Section 300 -- Exception I - Grave and sudden provocation - Two questions which require affirmative answer are : (1) Would the reasonable man have lost his self-control and (2) Would he then have retaliated as the offender did?..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Four requirements are to be satisfied to bring applicability of Exception 4 i.e. (1) It was a sudden fight; (2) There was no premeditation; (3) The Act was in a heat of passion; and (4) The assailant had not taken any undue advantage or acted in a cruel manner...........
Indian Penal Code, 1860, Section 300 -- Exception I - Accused fired a gun shot which hit one PW and second shot hit the deceased who collapsed - Accused was Personal Security Officer and he did not tell his master that gun went off accidentally - Held, that accused was the assailant and section 300 Exception I is not applicable...........
Indian Penal Code, 1860, Section 300 -- Culpable homicide is murder when (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death - It must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Exception 4, 302, 304(Part II) - Murder - Sudden fight in heat of passion - Sufficient motive - Accused armed with deadly weapons attacked deceased, causing several injuries including three on the head - Head injuries resulted in internal fracture and profuse bleeding resulting in death - Incident had not taken place "without..........
