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1 - 9 of 9 (0.41 seconds)The Indian Penal Code, 1860
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Mahesh Balmiki @ Munna vs State Of Madhya Pradesh on 27 August, 1999
13. The facts and circumstances referred to above clearly establish that the appellant had intention to kill the deceased. Therefore, the conviction and sentence under Section 302 of the Indian Penal Code by the impugned judgment cannot be interfered with.
Masumsha Hasanasha Musalman vs State Of Maharashtra on 24 February, 2000
10. The appellant has, in fact, in his statement under Section 313 of the Code of Criminal Procedure, to question No. 45, stated that on the date of the incident deceased Sanjay was demanding money from him but he denied to have assaulted him. The presence of the appellant is thus admitted as also that the deceased was demanding money from him. The prosecution case is that the deceased had given money to the appellant which he was demanding and on account of the same appellant gave him four knife blows. The appellant has nowhere stated nor it was suggested to anyone that there was any scuffle. The appellant speaks about a scuffle of some other day when Sanjay came to his house. The story of scuffle put forth by the learned Advocate for the appellant has no foundation whatsoever. Coming to the alternate plea put up by the learned Advocate for the appellant, learned Advocate for the appellant has relied upon Masumsha's case (AIR 2000 SC 1876) (cited supra). In this case, the appellant is said to have inflicted three incised wound with jambiya, out of which one blow was fatal, as also number of abrasions. The Apex Court found that the trial Court has taken the view that the other injuries could have been caused during the scuffle. In the case before us no scuffle had taken place and the appellant straightway inflicted four knife blows on the person of the deceased who demanded his money back. The appellant was carrying his knife with him and upon demand of money instead of returning the money, he inflicted four knife blows on the person of the deceased to silence him for ever, so that he cannot in future make any demand for money. The intention to kill is, therefore, clear. The ruling upon which reliance has been placed by the learned Advocate cannot be applied to the case under consideration.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Bhera Ram And Ors. vs The State Of Rajasthan And Ors. on 9 March, 1979
In support of his submission he relied upon in Masumsha Hasanasha Musalman v. State of Maharashtra, and Bhera v. State of Rajasthan, .
Article 1 in Constitution of India [Constitution]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
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