FIRST LAW

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Showing posts with the label Section 302 IPC

Voluntary Provocation on the Part of Offender is not an Excuse for Killing or doing Harm to any Person [SC JUDGMENT]

The Indian Penal Code, 1860 – Section 302 – Murder - Voluntary provocation on the part of the offender cannot come to the rescue of the accused to claim that he is not liable to be convicted under Section 302 IPC.

Section 302 IPC - No premeditation to cause the death - Offence would only fall under Section 304 Part II of I.P.C. [CASE LAW]

Penal Code, 1860 - S. 302 - there was no premeditation on the part of the appellant to cause the death of the deceased. He had no intention to cause such a bodily injury as well. Only one injury is inflicted on the victim. Nothing is brought out in evidence to prove, to whom the knife MO1 belongs. Evidence of PW2 and PW8 would show that there was altercation between the two ensued by scuffle. Considering the factual scenario of the case at hand, we are of the view that the crime will not fall under S.302 of IPC. Of course, if there was intent and knowledge, the case would have come within the sweep of S.304 Part I of I.P.C. Hence, the offence would only fall under Section 304 Part II of I.P.C.

Penal Code, 1860 - Benefit of Exception 1 and 4 of Section 300 [JUDGMENT]

Penal Code, 1860 - Ss. 342 & 302 - Even though the accused had committed the heinous offence of brutally assaulting his father with a wooden stick, there is no evidence on record, direct or circumstantial, to attribute the accused with the intention of causing his father's death. Hence, the accused cannot be found guilty of the offence of murder under Section 300 IPC and on the other hand the accused can be found guilty of only the offence under Section Part II of Section 304 IPC.

Sudden Fight implies the Absence of Premeditation [SC JUDGMENT]

Penal Code, 1860 - S. 302 - Conviction - L ife Imprisonment - Death committed in sudden fight without premeditation - The sudden fight implies the absence of premeditation.

Ineffectiveness in Enforcement of Criminal Law : State should Pay 25 Lakhs to Victims [SC Judgment]

This case is a classic illustration of how the State failed in its primary constitutional responsibility of maintaining law and order by its ineffectiveness in the enforcement of criminal law.

How to Decide Whether a Case falls under Section 302 IPC or Section 304 IPC [SC Judgment]

Penal Code, 1860 - S. 302 / 304 - incident took place due to sudden provocation and in a heat of passion the appellant had struck a blow on his wife, without taking any undue advantage - it was an offence which would be covered by Section 304 Part-II IPC and not 302 IPC.