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Parminder Singh S/O Shrimava Singh Vs. State of Karnataka by H.A.L. Po ...
Karnataka
Nov-17-2006
Criminal
Evidence Act - Sections 11, 101 to 104, 105 and 106; Prevention of Food Adulteration Act - Sections 19; Indian Penal Code (IPC) - Sections 300, 302 and 304; Code of Criminal Procedure (CrPC) - Sections 313 and 428
2007(2)KarLJ7; 2007(2)KCCR1409; 2007(2)AIRKarR256(DB)
burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (XLV of 1860), or within any special exception or proviso contained in any other part of the same … not a ground to hold that the accused is not entitled to claim any exceptions as provided under Section 300 IPC and submitted a plea of alibi is the principles of evidence whereas the exception provided are under
Tag this Judgment! AI Brief & AskSuresh Chand Vs. State
Delhi
Apr-19-1971
Criminal
Indian Penal Code (IPC), 1860 - Sections 300 and 302
1972CriLJ1416; ILR1971Delhi772
that the attack on the deceased was by mistake or by accident. The plea under exception I to section 300 Indian Penal Code is. thereforee, not open to the appellant. (7) The learned counsel for the appellant next … Delhi, in Sessions Case No. 2 of 1969, convicting the appellant herein for an offence under section 302 Indian Penal Code and sentencing him to imprisonment for life and also for an offence under Section 324 of Indian Penal … knife while the deceased himself was unarmed. Exception 4 to section 300 Ipc, thereforee, cannot be invoked. (8) The question that now remains for consideration
Tag this Judgment! AI Brief & AskRamesh Nana Ghorpade Vs. State of Maharashtra
Mumbai
Mar-11-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302, 304, 323, 436 and 504; Code of Criminal Procedure (CrPC) , 1973 - Sections 161
1996(3)BomCR572; 1996CriLJ2185; 1997(1)MhLj16
Kamath left no stone unturned. Appeal partly allowed. Criminal - conviction - Sections 302, 304 and 436 of Indian Penal Code, 1860 - appellant convicted under section 302 - involvement of appellant in case cannot be denied - there … his injuries on the spot, the act of the appellant would clearly fall within the mischief contemplated by Section 300 IPC., the breach of which is punishable under section 302 IPC. We have carefully examined the contentions canvassed
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Sudam Kisan Dhurjad Vs. State of Maharashtra
Mumbai
Jul-11-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302, 304, 323 and 452
1996(1)BomCR156; 1995CriLJ4029
at an early date. 25. Appeal dismissed Criminal - murder - Sections 300, 302, 323 and 452 of Indian Penal Code, 1860 - appeal against conviction under Sections 302, 323 and 452 - appellant assaulted with axe on forehead … act of the appellant would squarely fall in the ambit of the second, third and fourth clauses of Section 300, IPC; the breach of which is punishable under Section 302, IPC. In our judgment, the appellant has been
Tag this Judgment! AI Brief & AskAkhtar Vs. State
Allahabad
Nov-11-1963
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302 and 304
AIR1964All262; 1964CriLJ617
to one under Section 304 Indian Penal Code by giving Akhtar the benefit of Exception No. 1 of Section 300 Indian Penal Code.5. The first difficulty in this case arises from the fact that none of the prosecution … this evidence, the question arises whether the conviction of Akhtar can be converted from one under Section 302. Indian Penal Code to one under Section 304 Indian Penal Code by giving Akhtar the benefit of Exception No. 1 of … the conviction of Akhtar can be converted from one under Section 302. Indian Penal Code to one under Section 304 Indian Penal Code by giving
Tag this Judgment! AI Brief & AskFaqira Vs. State
Allahabad
Aug-26-1954
Criminal
Indian Penal Code (IPC), 1860 - Sections 300 and 302
AIR1955All321; 1955CriLJ884
appellant and that he made the attack only with fists. Dr. Nand Lal in his commentary on the Indian Penal Code, 1929 Ed. Volume II pages 1369-70, while discussing the case of a man who makes a very violent … the presumption that has been raised against the accused.In other words, the Indian Law has prescribed both an objective as well as a subjective test … Court in -- 'Behari v. State', AIR 1953 All 203 (A), the case fell under Clause 3 of Section 300, I, P. C., and the offence amounted to murder. The learned Sessions Judge in the alternative thought that
Tag this Judgment! AI Brief & AskPrakash Chand Vs. State of H.P.
Supreme Court of India
Aug-09-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302 and 304
2004(2)ALD(Cri)612; 2004(6)SCALE495; (2004)11SCC381
committed fratricide. He was found guilty by the Trial Court for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentenced to undergo imprisonment for life. In appeal, conviction and sentence were … during the course of a sudden quarrel, and Section 302 IPC has no application and Exception 4 to Section 300 I.P.C. is applicable. The plea was reiterated during the course of hearing of the present appeal. Additionally, it
Tag this Judgment! AI Brief & AskAnil Vs. State of Haryana
Supreme Court of India
May-10-2007
Criminal
Arms Act - Sections 27; Indian Penal Code (IPC) - Sections 300 and 302; Code of Criminal Procedure (CrPC) - Sections 174
2007CriLJ4294; JT2007(7)SC238; 2007(7)SCALE56; (2007)10SCC274; 2007AIRSCW5230; (2007)3Crimes15(SC)
learned Counsel urged that as nobody could anticipate that the fired shot would hit Dinesh; Exception 4 to Section 300 of the Indian Penal Code is attracted in their case.7. Mr. Rajeev Gaur, learned Counsel appearing on behalf … the judgment and order dated 27.03.2003 convicting him for commission of an offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.2. The family of the appellant and the family of Dinesh (deceased) … part of the rule of law. Under Clause 'thirdly' of Section 300 IPC. culpable homicide is murder, if both the following conditions are satisfied: i.e.
Tag this Judgment! AI Brief & AskGopal Vs. State of Maharashtra
Supreme Court of India
Oct-12-2007
Criminal
Indian Penal Code (IPC), 1860 - Sections 300 and 302
AIR2008SC216; JT2007(12)SC24; 2007(12)SCALE179; 2007AIRSCW6605
High Court, Aurangabad Bench, upholding the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC').3. Background facts in a nutshell are as follows:Paridharinath Vaidya (P.W.7), P. S. I. … of wood blow was given and, therefore, the Section 302 IPC has no application, and Exception 4 to Section 300 IPC applies.Learned Counsel for the State supported the judgment of the High Court.8. For bringing in operation of
Tag this Judgment! AI Brief & AskParbat Singh @ Partap Singh Vs. the State, Delhi Administration
Delhi
May-31-2001
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
94(2001)DLT290; 2001(59)DRJ712
to an accused so as to bring his act within the first Exception to Section 300 of the Indian Penal Code. (3) The metal background created by eth previous act of the victim may be taken into consideration in … appellant Parbat Singh @Partap Singh for committing offence or murder of Mota and Ms. Dhapa under Section 302 IPC and has sentenced him to undergo imprisonment for life and to pay a fine of Rs. 3000/- and
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