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indreswar Kalita Vs. the State of Assam

Court : Guwahati

..... it is undoubtedly culpable homicide as the act of giving the blow took away the life of a human being, it is not a culpable homicide amounting to murder because the accused dealt the dao blow whilst being deprived of the powers of control by grave and sudden provocation. ..... he took upon himself the responsibility and liability of inflicting dao blow on his sister-in-law in view of the atrocious utterances which, according to the accused, gave him grave sudden provocation. ..... the allegation against the accused is that he dealt a dao blow on his sister-in-law (elder brother's wife) on 22-11-1975 at about 9.30 a. m. ..... therefore, it is the common story of the accused as well as the prosecution that the blow was given by no other person but the appellant. ..... the short point that falls for consideration in this criminal appeal is whether there was grave and sudden provocation which prompted the appellant to deal a dao blow on the deceased. .....

Dipak Paharia Vs. State of Assam

Court : Guwahati

..... what also follows from the above discussion, held, as a whole, is that the accused dealt as many as 3 (three) blows on the said deceased, the weapon used was a deadly weapon like dao and the assault was made on the vital parts of the body, such as, neck. ..... came running with a dao and attacked his father with the blunt side of the dao over his knee-joint, his father fell down at the field and, then, the accused gave more blows over his back and neck. ..... this is an unfortunate case in which the two minor children witnessed their father being killed mercilessly by giving blows with a dao.2. .....

Nichar Ali Vs. State of Assam

Court : Guwahati

..... , misfortune as it would have been, mayur the deceased who had nothing to do with the quarrel or with the subject-matter of the quarrel intervened and it is stated that the accused lost temper and dealt one blow with a weapon styled as 'huja' which accidently fell on the chest part of his body. ..... only one blow was given, the weapon of assault was neither seized nor produced by the prosecution because it must have been an ordinary weapon which, in the ordinary course of events could not have produced death, the contentions .....

Kailash Raguvir Vs. State of Gujarat

Court : Gujarat

Reported in : (2007)3GLR2530

..... 1 got agitated and uttering that cause of quarrel was pancham, inflicted a blow of pipe on the head of pancham on account of which pancham fell down ..... specifically asked that in fact pancham and shankar both started beating jatashankar and kailash and shankar inflicted a blow by pipe on the head of kailash, the witness denied this suggestion also. ..... noticed that parvatiben gave a tooth bite on leg of jatashankar and, thereafter, rajkumari inflicted 2 - 3 blows of washing club to parvati and parvati stood up and snatched washing club. ..... pancham released legs of jatashankar and snatched washing club and inflicted 3 to 4 blows to jatashankar by washing club; one blow on head, second on back and, thereafter, the blows were inflicted by her on legs of jatashankar. ..... shankar tried to save pancham and jatashankar inflicted pipe blow on left hand of shankar while kailash inflicted a blow by pipe on right side of the head ..... rajkumari started beating her with washing club, which blows were given to her on her back and on ..... the suggestion that jatashankar had already inflicted a pipe blow on pancham before kailash reached at the scene of ..... at that time pancham inflicted a stick blow on his left hand and a pipe blow was also given to him on his head by ..... to hit shankar bhadriprasad maurya by pipe and the blow was landed on right side of his parietal region. ..... she had also given a history of pipe blows before doctor and she omitted to state before the police role played by parvatiben in causing injuries .....

Laxman S/O Uttam Tajne Vs. the State of Maharashtra Through Police Sta ...

Court : Mumbai

Reported in : 2003BomCR(Cri)767; (2003)105BOMLR592

..... state of punjab (supra) wherein upon sudden quarrel on the spur of moment arising out of trivial reason on chance meeting of parties and without any pre-meditation or malice a single blow was inflicted by knife on the chest of victim causing his deaths in these circumstances, intention to cause death or causing particular injury could not be imputed to him though knowledge that he ..... : 1981crilj1136 , has made the following observations which are relevant to the issue under consideration:-there is no justification for the assertion that the giving of a solitary blow on a vital part of the body resulting in the death must always necessarily reduce the offence to culpable homicide not amounting to murder punishable under section 304, part ..... there are material omissions in the statements of prosecution witnesses in respect of gaurishankar having caught jivan while appellant laxman is reported to have given axe blow on account of which the prosecution had failed to prove the charge against gourishankar as a result of which he was acquitted by the trial court ..... as well as learned advocate for appellant laxman had relied upon number of authorities on the question of single blow and we shall at this stage make brief reference to the said rulings as also rulings on which we ..... stated that he had deposed before the magistrate that he had caught hold of axe while laxman gave second blow, but this fact was not found in the statement of this witness before the magistrate though this fact .....

State of Gujarat Vs. Dharsing T. Vaghela and ors.

Court : Gujarat

Reported in : (2000)1GLR313

..... is evident from the medical evidence that the injury was caused by a sharp cutting instrument like knife having a long blade and that the blow was so fiercely given that it cut two lower ribs and cut through the anterior and posterior wall of stomach and also liver. ..... not only as per the deposition of this witness, but as will be seen, the version of all other witnesses shows that pansing was lying in the street outside the madh after having received a knife blow on his chest and it is from there that he was lifted and carried to the 'otla' of his brother shantubha's house. ..... the medical evidence, thus, satisfactorily establishes that the death of pansing was caused because of the knife blow given on his chest which caused the above external and internal injuries resulting in shock due to the stab injury and extensive ..... dharsing whipped out a knife from his waist which as per the evidence was having nearly 7' long blade and 4' long handle, and gave a blow on the chest of pansing which pierced nearly 10 cm deep, as discussed above while referring to the medical evidence. ..... the version she has given about her rushing to the spot on hearing the cries and vinubha cheharsing and her daughters standing near her husband who had fallen down with a stab blow on his chest and about her husband having narrated the incident to her. ..... 28 has clearly opined that the injury caused to pansing was possible by a knife blow and that such injury was in the ordinary course of nature, sufficient to cause .....

Sujit Haribhau Patil and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... can be gathered generally from a combination of a few or several of the following, among other, circumstances : (i) nature of the weapon used; (ii) whether the weapon was carried by the accused or was picked up from the spot; (iii) whether the blow is aimed at a vital part of the body; (iv) the amount of force employed in causing injury; (v) whether the act was in the course of sudden quarrel or sudden fight or free for all fight; (vi) whether the incident occurs by ..... . though deepak patil-pw1 claimed that he had narrated in the fir that tukaram (a6) had given a blow of rod and kashinath (a8) had given a blow of bat on the head of anil, no such statement is recorded in the fir and these material omissions have been elucidated in the cross-examination. 34 ..... . the evidence further reveals that after anil fell down with a single blow of the sword, the accused no.1 did not inflict any other injury upon his person when he was lying on the ground in a helpless position ..... . the evidence reveals that the sujit (a1) had not come armed with a sword but in a heat of passion, taken the sword from the hands of alpesh (a11) and inflicted a single blow with blunt edge of the sword, which had unfortunately turned to be fatal ..... . he handed over the sword to sujit (a1) and sujit gave a blow of sword on the head of anil, tukaram (a6) gave a blow of rod, vilas(a10) gave a blow of hockey stick and haribhau (a5) gave a blow of stick on the head of anil .....

Sarjug Manjhi and ors. Vs. the State of Bihar

Court : Patna

..... amicus curiae has also raised the question that no blood was found on the road where bango manjhi had received fatal bhala blow, and all the prosecution witnesses have consistently deposed to the effect that not only the bhala blow had resulted in profuse bleeding but in fact all his injuries were bleeding, which renders the prosecution case unbelievable. ..... the assault was started by jagdish manjhi, who had delivered two bhala blows on anup lal manjhi in quick succession which luckily escaped vital portions of his body leaving behind ..... sarjug manjhi was the order-giver, whereupon jagdish manjhi delivered two bhala blows on him which landed on two portions of his body as a result of which he ..... had conducted the postmortem, leaves a very clear impression in our minds that bango majhi would have perhaps died only of the lathi blows inflicted on him, and even if he had not received the bhala injury.24. ..... and 2 have deposed to the effect that he had received a bhala blow in his stomach which is fully corroborated by the post-mortem report of ..... other accused persons present there with lathis rained lathi blows on him, as a result of which the old man fell on the ground in near ..... in his submission, the fardbeyan says that only lathi blows had been delivered on bango manjhi, whereas the witnesses including the medical officer who conducted the ..... noticeable that he has in his examination-in-chief deposed to the effect that after the blows had been delivered on bango manjhi, he died on the spot. .....

Sukhdeo S/O Sopan Mundhe and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 1988(2)BomCR507

..... . 22 vithal, who also states that prabhu was armed with an axe, gave blow of axe on govinda, broke open the door of the cellar and ultimately gave an axe blow on narayan near aai temple.it is fruitless to find a minute consistency about the part of the body on which ..... kundlik says that armed with an axe this accused gave an axe blow on the left hand of narayan and assaulted him on the back ..... the evidence in general, by particularly stating that the right hand of hari received an axe blow from gyanik and that narayan was also taken out by gyanik ..... w/o govind has testified that this accused gave an axe blow on the person of hari but as regards the part of the body on which the blow had been given she has kept silence.92 ..... butt end of the stick cannot be doubted, because there was no apparent reason for this witness to say about the stick when he could have easily stated that this accused gave an axe blow on narayan, particularly when narayan had already sustained axe injuries.75 ..... after assaulting hari, limba and govinda, in which the appellant ashok seems to have taken a major part in inflicting blows on hari, had gone to the village in search of the deceased narayan ..... . 22 vithal, besides stating that appellant arun had given axe blows on the right leg of govinda, also stated about the passing of urine by arun in the mouth ..... . 21 kundlik tells us that prabhu was armed with an axe, gave blow of an axe on the right leg of limba, opened the door of the cellar, took narayan to the aai temple and cut .....

M/S. Hanil Era Textiles Limited Vs. Oriental Insurance Co. Ltd. and or ...

Court : Supreme Court of India

Reported in : 2000(7)SCALE700; 2001(1)LC175(SC)

..... learned counsel for the respondent, on the other hand, contended that the higher rate of premium was charged in respect of the blow-room on the assumption that the appellant would make the blow-room a segregated portion, the respondent's counsel contended that the blow-room started operation somewhere in april, 1994, and even though the appellant was advised to furnish the separate values of the bifurcation, ..... should be paid as additional premium as the tariff advisory committee (tac) approved type automatic diversion system or co-2 flooding system in the chute feeding arrangement between the blow-room and the carding section was not installed in the mill and in the absence of the fire protection system as prescribed under the tac regulation, premium at ..... pay the additional amount so required to be paid to the respondent insurance company and contended that the blow-room was segregated in all respects and the tac approved fire-fighting equipment had been installed by the appellant ..... february 11, 1997, wherein it was stated that in the absence of verifiable records, the only date when it is possible to state with certainty that the blow-room was segregated, is january 6, 1995, but this opinion was not based on any available records or data.11. ..... appellant further urged that six fire-proof doors had been installed to protect the blow-room area and, therefore, the contention of the respondent that the blow-room and the rest of the area was a single communicating structure is not .....