Search Results Page
Search Results
1 - 10 of 20 (0.55 seconds)Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 449 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Phulia Tudu And Anr vs The State Of Bihar (Now Jharkhand) on 14 September, 2007
[35] In Phulia Tudu and Another Vs. State of Bihar
reported in (2009) 3 SCC (Cri) 221 the apex court has made
an attempt to distinguish „murder‟ and „the culpable homicide not
amounting to murder‟. According to the apex court, element of
intention is the indicator.
Rampal Singh vs State Of U.P on 24 July, 2012
[37] So exception has been curved out by Section 304 of
the IPC. Some cases in this regard are catalogued for ready
reference - Rampal Singh Vs. State of Uttar Pradesh reported
in (2012) 3 SCC (Cri) 860 : (2012) 8 SCC 289, Abdul
Waheed Khan alias Waheed And Others Vs. State of A.P.
(2002) 7 SCC 175 and Virsa Singh Vs. State of Punjab
reported in AIR 1985 SC 465.
Abdul Waheed Khan @ Waheed And Ors vs State Of Andhra Pradesh on 27 August, 2002
[37] So exception has been curved out by Section 304 of
the IPC. Some cases in this regard are catalogued for ready
reference - Rampal Singh Vs. State of Uttar Pradesh reported
in (2012) 3 SCC (Cri) 860 : (2012) 8 SCC 289, Abdul
Waheed Khan alias Waheed And Others Vs. State of A.P.
(2002) 7 SCC 175 and Virsa Singh Vs. State of Punjab
reported in AIR 1985 SC 465.
Badam Singh vs State Of Madhya Pradesh on 4 November, 2003
[38] At this juncture, this court is would like to refer to a
decision of the apex court, as relied by Mr. Choudhury, learned
P.P. in Badam Singh Vs. State of Madhya Pradesh reported in
Page 18 of 20
AIR 2004 SC 26 where the apex court has observed that there
was no motive for the accused to kill the deceased, even though
existence of motive loses significance when there is reliable
testimony, in a case where the opponent testimony is to be
suspect. Existence or absence of motive acquires some
significance regarding probability of the prosecution case. In that
case, the driver of the deceased (P.W.7) had stated that even
though there was some disputes between the appellant and the
deceased 3 years before the occurrence, that dispute was
amicably settled and the disputed land was shared, half and half,
by them. Thereafter, they continued to cultivate their respective
plots of land and there had been no untoward incident thereafter.
The apex court held in that perspective, that the prosecution has
failed to establish a motive for offence. The fact that the
deceased met a violent death is not surprising as he has
committed a variety of criminal offences including robbery,
abduction, kidnapping, attempt to murder etc. Possibility of his
having killed by one of his detractors cannot be ruled out. The
apex court however did not stop there, in the following passage
(para 21) it has been observed as under :