.../34 - Knowledge that bodily injury caused is likely to cause death - Culpable homicide not amounting to murder proved - Held, considering that occurrence took place sudd...such bodily injury may likely to cause death, hence, the appellant has committed culpable homicidal death not amounting to murder, so is liable to be punished under Sect...also viewed “probability of being hanged under unconsciousness after throat chock”.28. The provisions of Section 304 IPC postulates;“Whoever commits culpable homicide not...

...with the de facto complainant and allegedly caused simple hurt to him and it could have proved fatal and thereby attempted to commit culpable homicide not amounting to ...objection in granting bail to the applicant. 5. Considering the above facts, I find that custodial interrogation of the applicant may not be necessary and he is willing to cooperate with...the investigation. 6. In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his...

...hours later. Though the charge against the accused was one under section 302, the learned Judge found that the offence proved was only culpable homicide not amounting to murder. He was se...accused.5. It was strenuously contended on behalf of the appellant that the offence would not amount to culpable homicide not amounting to murder. The learned Judg...accused did not deny that he gave a blow to the accused which caused him to fall down unconscious. The previous incidents such as the quarrel between the accused's children and Pw. 11, the son of...

...occurrence have not been disputed. The sole argument canvassed before us is that if the prosecution case is relied in its totality the appellant at the most can be held guilty of culpable homicide not ...substantiated from the record and we conclude that against the appellant charge of committing culpable homicide not amounting to murder is proved beyond reasonable doubt. However, against...reads as under:Exception-4“Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and...

...the accused is for the commission of an offence punishable under Section 302 of the I.P.C. and death is proved to be homicidal death, the accused cannot be convicted for the offence of causing grievous hurt. In case the finding is r...that death is homicidal and the offence proved is culpable homicide not amounting to murder, the accused cannot be convicted and sentenced for the offence of causing grievous hurt. If the...right in holding the appellant guilty of the offence under Section 304 Part II of the I.P.C. The offence proved against the appellant is culpable homicide not amounting to murder and ...

...of the Apex that whenever a Court is called upon to decide as to whether the offence committed was that of murder of culpable homicide not amounting to murder on the ...are not amounting to murder and there is distinction between the offence acquittal hostile not amounting to murder and culpable homicide amounting ...affirmative, but is in the nagative the offence would be culpable homicide not amounting to murder punishable under the first or second part of section 304, IPC. If the reply to this ques...

...knowledge is not proved then it can be said that the charge of culpable homicide not amounting to murder has been proved. Absence of the doctor has left this question un...evidence brought on record was sufficient to show that it was a case of culpable homicide not amounting to murder. Hence, the conviction of appellant under Section 302 o...Code cannot be said to be proper rather the evidence on the record only proves that it was a case of culpable homicide not amounting to murder. Hence, conviction of the appellant...

...passion, Exception 4 to Section 300 IPC is clearly attracted and hence the allegation proved is culpable homicide not amounting to murder. Accordingly, she submits that the order...:“300. Murder.—***Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in...committed to the Court of Session to face the trial. The convicts were charged for commission of the offences under Sections 457, 354, 506, 302 and 201/34 IPC. They pleaded not guilty and claimed to be...

...in the ordinary course of nature to cause death.10. Offence of culpable homicide not amounting to murder answers Part I if there is intention to cause death or ...able to prove the above two ingredients, the offence of culpable homicide not amounting to murder has been proved by the prosecution.12. Keeping the aforesaid pri...prosecution has been able to prove that the overt act committed by the appellant is culpable homicide not amounting to murder is coming under Section 304, Part I, IPC.13. ...

...relating to the bodily injury caused to Rajia in furtherance of their common intention and that if by the said act they had caused death of Razia they would have been held guilty for culpable homicide not ...death of Rajia the Appellant would have been guilty of causing culpable homicide not amounting to murder. The second charge that was framed against the Appellants and the co-accused persons was un...the head of Smt. Rajia by Bhaleru which can be termed to be an act caused with an intention or knowledge that if by that act death is caused the accused would be guilty of culpable homicide. The...

...enragement has brought the accused out of the charge of murder. However, it does not bring the accused out of the proved case of culpable homicide not amounting to ...Sapate. 6. Other witnesses examined by prosecution relate to recovery of weapons, spot panchanama etc. Those are not of much importance. 7. The daughter of accused had...on ileum and two cutmarks on mesentry of ileum. [Quoted from page 102 to 104 of appeal paper book] This witness has proved cause of death to be the hemorrhagic...

...lacerated injury on his scalp, which could have proved fatal also. Hence, the applicant attempted to commit culpable homicide not amounting to murder. 4. The appl...allegations are totally untrue. The de facto complainant did not sustain any injury as alleged and that the applicant has no criminal antecedents, he is willing to co-operate with the investigation...for harassing the de facto complainant's sister, the applicant is definitely not entitled to the exceptional remedy of anticipatory bail. Recovery will have to be effected. He is the main perpetrator of...

...murder. 7. Now the question arises, can there be common intention on the party of Adiya and Veesa for the offence of culpable homicide not amounting to murder. From the ..., in our opinion no such common intention can be found that Veesa intended to commit the offence of culpable homicide not amounting to murder. The exhortation simply related to i...stated that the accused Veesa did not exhort to inflict a blow on the head of Tariya. Even exhortation assigned to Veesa by the witness Narsa is to cause a blow. He submitted that even witnes Amariya does...

...a court is called upon to decide as at whether the offence committed was that of murder or culpable homicide not amounting to murder on the proved facts of a case, the s...fails, in, discharging the onus the accused would get its benefit and the charge would be held to have been proved of culpable homicide not amounting to murder (AIR 1977 ...to Sec. 300 R.P.C. he has to be held guilty for the commission of the offence of culpable homicide not amounting to murder within the meaning of Part-I of Sec. 304 R.P.C. ...

...Ex.P1, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. Thus, prosecution has successfully proved its case beyond ..., (1997) 2 Crimes 157 (MP) referred above, it is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provis...Procedure, 1973 filed by the State seeking leave to appeal against the judgment dated 11th December, 2015 whereby the trial court had convicted the respondent for commission of an offence under...

...their intention and gesture to cause such injury which in the ordinary course of nature would be sufficient to be treated an attempt to commit culpable homicide not amounting to ...injuries of such a nature which in the circumstances would make the accused liable for an attempt to commit culpable homicide not amounting to murder. In this regard, the injury reports a...observed that the injuries received by Hari Singh, his wife and his son accused Kanha in the same occurrence could not be proved by the accused as to what was the nature of those injuries and, therefore...

...homicide not amounting to murder is proved by the prosecution, but the offence of murder is not proved by the prosecution. We thus, hold that the appellant was ...same to be a case not of murder and consequently, ought to have 5 acquitted the appellant of the...- Dattopant, P.W.6-Sindhu and P.W.9 - Seema on the said offences charged, it should have rejected the testimony on the point of murder as well, does not appeal to us in view of the principle, namely...

...homicide not amounting to murder which is punishable under first part of section 304 of the ipc. Consequently, we hold that the finding of the Additional Sessions Judge that the appellant has caused the..., we come to the conclusion that the prosecution has failed to prove beyond reasonable doubt that the appellant is guilty of murder. This fact is proved that the appellant has committed culpable...deceased reached his house the accused went away saying that he will not leave him to go to the hospital. Eye witnesses of the offence are mother of deceased Khalikulnisha (P.W. 5), her daughter-in-law...

...signature of the doctor has been exhibited.9. The evidence of the doctor goes to show that it was a case of culpable homicide not amounting to murder. Once the prosecution...personality and it was not a case of murder rather it appears to be a case of suicide or of accidental death due to fire.4. In order to prove its case, the prosecution examined 14 witnesses....it was a case of culpable homicide, then the prosecution has to establish that there are enough evidence to link the accused persons for the offence alleged.10. The informant of the...

...with co-accused, assaulted the defacto complainant with a dangerous weapon and inflicted injuries on him, which could have proved fatal and thus attempted to commit culpable homicide, not .... He is a history-sheeter, with more than six criminal cases registered against him and therefore, it would not be appropriate to release him on an anticipatory bail. 5. On going...doubtful also. But in view of the fact that the petitioner is a history-sheeter, having more than six criminal cases against him, I find that, this is not an appropriate case to exercise the...