289.  Negligent conduct with respect to animal.-  Whoever knowingly or negligently omits to take such order with any  animal  in his possession as is sufficient  to  guard against any probable  danger of  grievous hurt from such animal , shall be punished  with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFENCE

            Punishment- Imprisonment for 6 months or fine of 1,000 rupees, or both -Cognizable –Bailable-Triable by   Magistrate - Non- compoundable.

 

290. Punishment for public nuisance in case not otherwise provided for.- Whoever commits a public nuisance in any case not otherwise punishable  by this Code, shall be punished with fine which may extend to two  hundred rupees.

CLASSIFICATION OF OFENCE

            Punishment- Fine of 200 rupees-Non-cognizable –Bailable-Triable by any  Magistrate - Non- compoundable

 

291. Continuance of nuisance after injunction to discontinue.- Whoever or continues a public nuisance, having been enjoined by any public servant who has  lawful authority  to issue such injunction not to repeat or continue  such nuisance, shall be punished  with simple   imprisonment for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFENCE

            Punishment- Simple imprisonment for 6 months or fine, or both -Cognizable –Bailable-Triable by   Magistrate - Non- compoundable

 

1[292. Sale ,etc., or obscene books, etc.- 2[(1)] For the purpose of sub-section (2), a book, pamphlet, paper, writing drawing, panting , representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest  or  if its effect, or (where it comprises two or more distinct items) the  effect of any  one of its items, is , if taken as a whole , such as to ten to deprave and  corrupt  person , who are likely, having  regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it].

            3[(2)] Whoever-

(a)        sells, less to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purpose of sale, hire, distribution, public exhibition or circulation, makes , produces or has in his possession any obscene book,pamphlet, paper , drawing, painting, representation or figure or any other obscene object whatsoever, or

  (b)      imports, exports or conveys any obscene object for any of the purpose aforesaid, or knowing or having reason to believe that  such  as to tend to deprave and corrupt person, who are likely , having regard to all relevant circumstance, to read, see or hear the matter contained  or emboldened in it].

(c)        takes part in or receives profits from any business in the course  of which he  knows or has reason to believe that any such obscene  objects are for any of the purposes aforesaid, made , produced, purched , kept, imported, exported, conveyed, , publicly exhibited or in any  manner put into circulation, or

(d)        advertises or makes known by any means whatsoever that any person is  engaged or is ready to engage in any which is an offence under this section, or  that any such obscene object can be procured from or through any  person,  or

offers or attempts to do any act which is an offence  under this section,

shall be punished 4[on first conviction with imprisonment or either description for a term

which may extend to two years, and with fine which may extend to two thousand rupees, and ,in the event of a second or subsequent conviction, with imprisonment  of either

  1. 1.Subs. by Act 8 of  1925, sec. 2, for  the original section.
  2. 2.Ins. by Act 36 of 1969, sec, 2.
  3. 3.Section 292 renumbered as sub-section (2) of that section by Act 3 of 1969, sec,2.
  4. Subs. by Act 36 of 1969, sec.2, by certain wirds.

 

description for a term which may extend  to five years, and also with fine which may  extend to  five thousand rupees].

            1[Exception . – This section does not extend to-

(a) any book, pamphlet, paper, writing , drawing, painting, representation or figure-

the publication of  which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing , drawing, painting, representation or figure is in the interest of science, literature, act of learning  or  other objects of general concern, or

(ii)     which is kept or used bona fide  for  religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in-

any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or

.

(ii)  any  temple , or an any car used for the conveyance of idols, or kept or used for any religious purpose.]]

CLASSIFICATION OF OFENCE

Punishment- On first  conviction, with imprisonment for 2 years,and with fine of  2,000 rupees, and  in the  event of second of subsequent conviction, with imprisonment for five  years and with fine of 5,000 rupees -Cognizable –Bailable-Triable by any Magistrate - Non- compoundable.

                                                STATEMENT AMENDEMNTS

State of Orissa:

Same as in Tamil Nadu[Vide Orissa Act No. 13 of 1962].

State of Tamil Nadu:

In section 292 the words  “shall be punishable with imprisonment of either

___________________________________________________________

1.             Subs. by Act 36 of 1969, sec.2, for Exception.

 

description  for a term which may extend to three months  or with fine or with both “substitute the following namely:-

“ shall  be punished with imprisonment of either description for a term which may extend to two years or with both:

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall  not be  less then six months  and not more than two  years and with fine”.

[Vide T.N. Act No. 25 of 1960].

State of Orissa:

Section 292A

Same as in Tamil Nadu [Vide Orissa Act No. 13  of 1962]

State of Tamil Nadu:

Add after section 292 the following new section namely:-

 

292.A. Printin, etc., of grossly indecent or scurrilous matter or matter intended for blackmail.- Whoever.-

(a)      print or causes to be printed in any newspaper, periodical or circular, or exhibits or  causes to be  exhibited , to  public view or distributes or  cause to be distributed or in any manner puts into circulation any  picture  or any printed or written document  which is grossly indecent, or in scurrilous or intended for blackmail; or

(b)      sells or lets for hire, or for purpose of sale or hire makes , produces or has in his possession any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or

(c)      conveys any picture or any printed or written document  which is grossly indecent  or is scurrilous  or intended for blackmail knowing or having reason to believe that such picture or document will be  printed, sold, let for hire  distributed  or publicly exhibited or in any manner put into circulation; or

(d)      takes part in, or receives profits from, any business in the course  of which he knows or has reason to believe that  any such newspaper , periodical, circular, picture or other printed  or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or

(e)      advertises or makes known by any  means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any  such  newspaper , periodical , circular , picture or other printed or written document  which  is grossly indecent or is scurrilous or intended for  blackmail , can be procured from  or through any person; or

(f)        offers or attempts  to do any act which is an offence under this section *[shall be  punished with imprisonment  of either description  for  a term which may extend to  two years, or with fine, or with fine, or with both] :

   Provided that for a second or any subsequent offence under this section , he  shall be punished with imprisonment of either description for a term which shall not be less  than six months *[and not more than two years].

            Explanation  I .- For the  purposes of this section , the word scurrilous shall be deemed to  include any matter which is likely to be injurious to morality or is calculated to  injure any person:

            Provided that it is not scurrilous to express in good  faith anything whatever respecting the conduct of-

(i)         a public servant in the discharge  of his public functions or respecting  or  respecting his character so far as his  character appears in that conduct  and no further; or

(ii)        any person touching  any public question, and  respecting his character, so far as his character appears in that conduct and no further.

Explanation II.- In deciding whether any person has committed an offence under this section, the  court shall have regard  inter alia, to the following considerations-

(a)        The general character of the person charged, and  where relevant  the nature of his  business;

(b)        the general character and dominant effect of the matter alleged to be  grossly  indecent or scurrilous or  intended for blackmail;

(c)        any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.

 [vide T.N.Act No. 25 of 1960].

*Subs, by T.N.Act No. 30 of  1984.

 

1[293. Sale, etc., of obscene objects to young person.- Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such do , shall be punished 2[on first conviction with imprisonment or either description for a term which may extend to there years and with fine which may extend to two thousand rupees ,and, in  the event of a second or subsequent conviction, with  imprisonment of either description for a term which may extend to seven  years, and also with fine which may extend to five thousand rupees].]

CLASSIFICATION OF OFENCE

            Punishment- On first conviction , with imprisonment for 3 years , and with fine of  2,000 rupees , and in the event of second of subsequent conniption, with imprisonment for 7 years, and  with fine of 5,000 rupees-Cognizable –Bailable-Triable by   Magistrate - Non- compoundable.

State  of Orissa:

Same as in Tamil Nadu [Vide Orissa Act No. 13  of 1962]

State of Tamil Nadu:

            In Section 293-

(a)        for the words “any such obscene object as is referred to in the last preceding section” the words, figures and letter “ any such obscene object as is referred to in section 292-A shall be substituted;

(b)        for the words “ which may extend to six months ‘ the words “which may extend to three years” shall be substituted;

(c)        in the marginal note, after the words “obscene objects” the  words “ any grossly indecent or scurrilous matter intended for blackmail shall be  inserted”.

[vide T.N. Act No. 25 of 1960].

_______________________________________________________________

  1. Subs. by Act 8 of 1925,sec. 2, for the original section.
  2. Subs. by Act 36 of 1969,sec. 2, for certain words.

                                               

            3[294. Obscene acts and songs.- Whoever, to the annoyance of others-

            (a)        does any obscene act in any public place, or

(b)        sings, recites or utters any obscene song, ballad or words, in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months , or with fine, or with both.]

 CLASSIFICATION OF OFENCE

            Punishment-Imprisonment for 3 months or fine, or both -Cognizable –Bailable-Triable by   Magistrate - Non- compoundable

4[294A. Keeping lottery office.- Whoever keeps any office or place for the purpose  of drawing any lottery 5[not being 6[a State lottery] or lottery authorized  by the 7[State]

Government] , shall  be punished  with imprisonment  of either description  for a term which may extend to six months, or with fine, or with both.

            And whoever publish any proposal  to pay any sum, or to deliver any goods, or to do or  forbear  doing anything  for the  benefit of any person, on any event or contingency  relative or applicable to the drawing of any  ticket, lot, number or figure in any such lottery , shall be punished  with fine which may extend to one thousand rupees.]

 

3.        Subs. by  Act 3 of 1895,sec .3, for the original section.

4.        Ins. by Act 27 of 1870, sec.10.

5.        5.Subs. by the A.O. 1937 for “not authorized  by Government”.

6.        Subs.by Act 3 of  1951,sec. 3 and Sch., for” a lottery organized by the Central Government  or the Government or a Part A State or a Part B State”.

7.        Subs. by the A.O. 1950, for “ Provincial”.

8.        Government] , shall  be punished  with imprisonment  of either description  for a term which may extend to six months, or with fine, or with both.

 

STATEMENT  AMENDMINTS

State of Andhra Pradesh:

In Andhra Pradesh, section 294-A repealed.

[Vide Andhra Pradesh Act No. 16 of 1986, section 27].

State of Gujarat :

            In Andhra Pradesh, section 294-A repealed.

            [Vidde Andhra Pradesh Act No. 82of 1958].

 

 

State of Karnataka:

            In Karnataka  area excepted Bellary District , section 294-A repealed.

            [Vide Karnataka Act No. 27 of  1957].

State of Maharashtra:

            In Maharashtra ,section 294-A repealed.

            [Vide Karnataka Act No. 82 of  1958].

State of Uttar Pradesh:

`           In Uttar Pradesh ,section 294-A repealed.

            [Vide Karnataka Act 24 of  1995, section 11].

CLASSIFICATION OF OFENCE

Para I. Punishment-Imprisonment for 6 months or fine, or both-Non -cognizable –Bailable-Triable by   Magistrate - Non- compoundable

Para II. Punishment-Fine  1,000 rupees-Non -Cognizable –Bailable-Triable by   Magistrate - Non- compoundable

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

 

295. Injuring or defiling place of  worship with intent to insult the religion of any class.- Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with  the intention of thereby insulting the religion of  any class of persons or with the knowing ledge that any class of persons is likely to consider  such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFENCE

            Punishment-Imprisonment for 2 years or fine, or both -Cognizable –Non-bailable-Triable by   Magistrate - Non- compoundable.

 

1[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.-  Whoever, with deliberate and malicious intention of outraging  the  religious feelings of any  class of 2[citizens of India], 3[ by words, either spoken or written, or  by sings or by visible representations or  otherwise], insults  or attempts  to insult the religion or the  religious  beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.]

CLASSIFICATION OF OFENCE

            Punishment-Imprisonment for 1 years or fine, or both -Cognizable –Non-bailable-Triable by   Magistrate  of the first class- Non- compoundable.

 

296. Disturbing religious assembly.- Whoever voluntarily causes disturbance to  any assembly lawfully engaged in the performance of religious worship, or  religious ceremonies, shall be punished with  imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFENCE

            Punishment-Imprisonment for 1 years or fine, or both -Cognizable –Non-bailable-Triable by  any  Magistrate - Non- compoundable.

 

297. Trespassing on burial places, etc.- Whoever, with intention of wounding the feelings of any person, or of insulting  the religion  of any person, or with the knowledge  that the  feelings of  any person are likely to be wounded, or that the religion of  any person is likely to be insulted thereby,

_______________________________________________________________

1.        Ins. by Act 25 of 1927, sec.2.

2.        Subs. by the A.O. 1950, for “ His Majesty’s subjects”.

3.        Subs. by Act 41 of 1961, sec.3, for certain words.

4.        Subs. by Act 41 of 1961, sec.3, for” two years”.

 

Commits any trespass in any place of worship or on any place of sculpture, or any  place set apart from the performance of funeral rites or as a depository for the remains or  the dead, or  offers any indignity to any human corpse, or  causes disturbance to  any persons assembled for the performance of funeral ceremonies,

            Shall be punished with imprisonment of either description  for a term which may extend to one year, or  with fine, or with both.

CLASSIFICATION OF OFENCE

 

            Punishment-Imprisonment for1 years, or fine, or both -Cognizable –Bailable-Triable by   Magistrate - Non- compoundable.

 

298. Uttering, words, etc., with deliberate intent to wound the  religious feelings of any person- Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any words or makes any sound in the hearing of that person or makes any gesture in the  sight of that person or places, any  object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or  with fine, or with both.

CLASSIFICATION OF OFENCE

            Punishment-Imprisonment for 1 years or fine, or both –Non-cognizable- Bailable-Triable by   Magistrate – Compounded by the  person whose religious feelings are intended to be wounded.

STATE AMENDMENTS

State of Andhra Pradesh:

            In Andhra Pradesh offence under section 298 is cognizable.

            [Vide    A.P.G.O. ms. No. 732,dated 5-12-1991].

                                   

CHAPTER XVI

OF OFFENCES  AFFECTING THE HUMAN BODY

 

229. Culpable homicide.-  Whoever cause death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely  to cause   death, or  with the  knowledge that he is likely  by such act to  cause  death, commits the offence of culpable homicide.

                                                            Illustrations

(a)        A lays sticks and turf over a pit, with  the intention of thereby causing death, or  with the knowledge that  death is likely to be thereby caused. Z  believing the ground  to be firm, treads on it, falls in and is killed . A has committed the offence of culpable homicide.

(b)        A knows Z to  be behind a bush. B dies not  know it A, intending to cause, or  knowing it to be likely to cause Z’s  death, induces B to  fire at the bush. B fires and kills  Z. Here B may  be guilty of no offence; but A has committed the offence of culpable homicide.

(c)        A, by  shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A  not knowing that he was there. Here, although A was doing an unlawful acct, he was not guilty of culpable homicide , as he did not  intend to kill B, or to cause death by doing  an act  that he knew was likely  to cause death.

            Explanation 1.- a person who  cause bodily injury to another  who is  laboring  under a disorder, disease or bodily infirmity, and  thereby accelerates the death of that other, shall  be deemed to have caused his death.

            Explanation 2.- Where death is caused by bodily injury, the  person who causes such bodily injury shall be deemed  to have caused the  death, although by resorting to proper  remedies and skilful treatment the death might have been prevented.

            Explanation 3.- The causing of the death of child in the mother’s womb is  not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought  forth, though the child  may not  have breathed or been completely born.

                                                            COMMENTS

(i)         “Culpable homicide” is genus, and  “ murder”  is the specie. All “murder” is culpable homicide but not vice-versa; Narasingh Challan v. State of Orissa,(1997) 2 Crimes 78(Ori).

(ii)        The assault for murder  cannot be said to be sudden and without meditation as the deceased was not armed; State of Mahrashtra  v. Krishana Murti Lazmipatti Naidu, Air 1981 SC 617: (1981) SCC Cr R 398 (1981) Cr LJ 9: (1981) SSC(Cr)354.

 

300. Murder.- Excepted in the cases hereinafter excepted, culpable homicide is  murder, of the act by which the  death is  caused is done  with the intention of causing death, or-

Secondly.-  If  it is  done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom  the harm is caused , or-

Thirdly.- If it  done with intention of  causing such bodily injury intended to be inflicted is sufficient in the ordinary course  of nature to cause death, or-

Fourthly.- If  he  person committing the act knows that it is so imminently dangerous that it must, in all probability , cause death or such bodily injury as is likely to cause dearth, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations

(a)        A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(b)        A, knowing that  Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

(c)        A intentionally gives Z a sword-cut to club- wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death..

(d)        A  without any excuse fires a loaded cannon into a corows of persons and kill one  of them. A is guilty  of murder, althouth he may not have had a premeditated design  to kill any Particular individual.

Exception 1.- When culpable  homicide is not murder.-  Culpable homicide is not murder if  he offender, whilst deprived of the power o self- control by grave and sudden provocation, causes the death or the person who gave the  provocation or causes the death of any other person by mistake or accident.

The  above  exception  is subject  to the following provisos:-

First.- That the provocation  is not sought or voluntarily provoked by the offender as  excuse  for killing or doing harm to any person.

Secondly.- That the provocation is  not given by any thing done in obedience to the law, or by a public  servant.

Thirdly.- That the provocation is not given by anything done in the lawful exercise of the right of private defence.

Explication.- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

                                                Illustrations

(a)        A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much  as the provocation was not given y the child , and the death of the child was not caused by accident  or misfortune in  doing an act caused by the  provocation.

(b)        Y gives  grave and sudden provocation to A. A, on this provocation, fires  a pistol at  Y, neither  intending nor knowing himself to likely to be likely to kill Z, who is near him, but  out of sight. A kills Z, Here A has not committed murder, but merely culpable homicide.

(c)        A is  lawfully arrested  by Z, a  bailiff. A is  excited to sudden and violent passion by  the arrest, and  kills Z.  This is murder, in as much as the provocation was given by  a thing done by public servant in the exercise of his powers.

(d)        A appears as  witness before  Z, a Magistrate, Z says  that he dose not believe a  word of A’s  deposition, and that A has perjured himself. A is moved to sudden passion by these words, and  kills Z .This is murder.

(e)        A attempts to puss Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in  consequence, and Z. This is murder, in as much as  the provocation was given by a thing done in the exercise of the right of private defence.

(f)         Z strikes B, B is by this provocation excited to violent  rage. A, a bystander,  intending to take  advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable  homicide, but A is guilty of murder.

Exception 2.- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the poser given to him by  law and causes the death of the person against whom he is exercising such right of defence without premeditation , and without any intention of doing  more harm than is necessary for the purpose of such derence.

Illustration

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A.A draws out a pistol. Z persists in the assault. A believing  in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

 

Exception 3.- Culpable homicide is not murder if  the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and  causes death  by doing an act which he, in good faith, believes to be lawful and  necessary for the due discharged of his duty as such public servant and without ill-will towards  the person whose  death is caused.

            Exception 4.- Culpable homicide is not murder if it is  committed without premeditating a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner .

            Exception .- It is immaterial in such cases  which party offers the provocation or commits the first   assault.

            Exception. 5- Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or  takes the risk of death with his own consent.

Illustration

A, by instigation ,voluntarily cause, Z, a person under eighteen years of age to commit suicide. Here,on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

                                                            COMMENTS

(i)         In case where there was no  intention to cause death, the act was done with knowledge that same is likely to cause death, the guilt of   offence comes under part Iiof sec. 304; S.D.Soni v. State of Gujarat, (1991) CrLJ 330 (SC)

(ii)        In absence of intention to cause particular injury likely to cause death conviction comes under part II of sec. 304; Randhir Singh v. State of Punjab, AIR 1982 SC 55 (1981 Cr LR (SC) 543: (1981) 4 SCC 484.

(iii)       When there was no evidence as to how death came about , evidence relating  to charge of murder was held to be insufficient and unaxxeptable;  Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC).

(iv)       When in case of murder  complaint filed after month of incident and with nesses, statement recorded after 9 months, conviction cannot be founded; State of West Bengal v. Shew Mangal Singh, AIR 1981SC 1917:1981) Cr LJ1683: (1981) Cr JR (SC) 501: (1981) 4 SCC 2.

(v)        Circumstance  that accused were in possession of buffaloes belonging  to deceased  cannot lead to hold accused guilty  of murder; Joga Gola v. State of Gujarat, AIR 982 SC 1227; (1982) SCC (Cr) 141.

(vi)        When accused  had no  intention to cause injury on non-vital  part of body which was sufficient to cause death in ordinary course of nature, illustration  (c )  of section  300 is not applicable; Gokul Parashram Patil  v. State of Maharashtra, AIR 1981 SC 1441;(1981) Cr LJ 1033.

(vii)      The totality of the injuries caused to the victim clearly  supports the finding of both the courts below that the accused/ appellants went on belabouring the dexeased till he died on the spot In the  circumstances , the  contention  that the accused  did not intend to cause the murder of the  deceased cannot be upheld by the Supreme Court; Prabhu v. State  of Madyha  Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

(viii)      Having  regard to the number of injuries inflicted on the deceased it was not possible  to uphold  the contention  that there was no intention to kill ; Prabhu  v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

(ix)       The establishment  of the involvement  of the accused on the incident and  misgiving  of a Barchhi blow to the grandson of the deceased when he tried  to go to the rescue of his grand- father, is sufficient to convict the accused under  section 300 read with section 34; Banta Singh v. State of  Punjab, (1991) Cr LJ 1342 (SC).

(x)        It is  fallacious to contend that when death is caused by a single blow clause  thirdly is not attracted and, therefore, it would not amount to murder. The  ingredient intention’ in that clause gives clue in a given case whether  offence  involved  is murder or not; Jai Prakash v. The State (Delhi Administration ), (1991)1 Crimes 474 (SC).

(xi)       The number and nature of  injuries may furnish good  evidence to consider whether   the accused had exceeded the right to  private defence; Patori Devi v. Amar Nath, (1988) Cr LJ 836; AIR 1988 SC 560.

(xii)      Circumstantial evidence is not sufficient to convict accused when possibility of  deceased receiving fatal injury by  fall  cannot  be ruled out;  State of Rajasthan  v. Smt. Kmala,(1991) Cr LJ 602 (SC).

(xiii)      In case of murder in which the conclusion of guilt is drawn by prosecution it must be fully established beyond all reasonable doubt and  conclusion of guilt is drawn by prosecution it must  be  fully  established  beyond all reasonable doubt and consistent with  the guilt  of the accused ; S.D Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

(xiv)     Infliction of the  injury on the vital part  of  the body with the agricultural instrument by the enraged accused  in a sudden quarrel – Held. Accused  did not cause the injury intentionally; Patel Rasikal Becharbhi v. State of Gurjarat, AIR 1992 SC 1150.

(xv)      (1)  The test of “grave and sudden” provocation is whether a reasonable man, belonging to the  same class of society as the accused , placed in the situation in which the accused was placed would  be so  provoked as to lose his self- control (2)In India, words and gestures may also , under certain circumstances, cause grave and sudden provocation to an accused so as to bring his act within the First Exception, to Section 300.(3) The mental background created  by the  previous act of the victim may be taken  into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence. Venkatesan v. State of Tamil Nadu,  (1997) 3 Crimes 146 (Med).

(xvi)     Mere  sudden quarrel woud not entitle the accused to seek for  Exception 4 to section 300; Samuthram alias Samudra Rajan v.State  of Tamil Nadu, (1997) 2 Crimes 185 (Med).

(xvii)     To  invoke Exception 4 to  section 300, four  requirements must be satisfied, namely (i) it was sudden fight; (ii) there was no premeditation; (iii) the act was done  in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel manner… The number of  wounds caused during the occurrence  is not a decisive factor but what is important is that the  occurrence mast have been sudden and unpremeditated and the offender must  have been acted in a fit of   anger. Of course, the  offender must not have taken any undue advantage or acted in a cruel manner . Where, on  a sudden quarrel, a person  in the  heat of the , moment picks  up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly; samuthram alias Samudra Rajan v. State of Madhya pradesh, (1997) 2 Crimes  582 (MP).

(xviii)    Where a mutual  conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it will not be correct to assume private defence for both sides. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to  section 300 of the Code; Januram v. State   of Madhys Prasesh, (1997) 2 Crimes 582 (MP).

(xix)     Where the extra  judicial condession made by accused admitting the crime of throwing his  three minor children  also recovered form  well, therefore accused  liable for offence of murder punishable under section 302 IPC; Narayana Swamyt v. Stateof Karnataka ,2000 Cr LJ 262 (Karn).

(xx)      Where evidence of both eye witness reliable and well corroborated by medical and other evidence on record  inspires confidence that accused had intention to kill deceased then conviction  is liable to be sustained ; Rabba Ramanna Dora v. State of Pradesh, 2000 Cr LJ 118 (AP).

(xxi)     Where the eye with nesses were close relations of accused and were natural with ness and their consistant evidence regarding assault by accused with knife to deceased , bother of accused which caused  his death, corroborated by other with ness  of incident, therefore guilt of accused proved beyond reasonable doubt; Suaukar Ali v. State of Andhra Pradesh , 2000 Cr LJ 118 (AP).

(xxii)     Where the ocular evidence is explicit and fully supported by medical evidence and evidence of other with ness who apprehend the accused after some  hours of occurrence with blood stained weapon then absence of proof of motive will not render the entire prosecution case unbelievable, therefore , charge of murder  against accused proved  beyond all reasonable  doubt; Ram  Nath  Novia v. State of Bihar, 2000 Cr  LJ 318 (Pat).

(xxiii)    Plea of alibi  in murder case, when most of  the evidences prove presence of accused  on spot of murder, can  not be relied upon.  It is on accused to prove that he was not present that  too by reliable evidence only; Singha Magan Gamit v. State  of Gujarat, 1999 Cri LJ 2111 (Guj).

(xxiv)    Pelting stones resulted into rob-fracture. Rupture of pleura is sufficient to cause  death. External injury noted by doctors- appellants cannot put under clause  3rd or section 300. Guilty of offence of culpable homicide not amounting to murder; Madan Lal v. State of Uttar Pradesh , 1998 SCC (Cr) 1549.

(xxv)    Chain of evidence must be  complete with fully established  circumstances not to leave any  reasonable  ground for a conclusion  consistent with the innocence of accused. It  should be of conclusive nature: Arvind v. State (Delhi Admn.), 1999 (4) SCC 4861: 1999 (3) JT 554.

(xxvi)    Wrist watch was santched  by accused of deceased . On request  called to meet on specified spot. Hot words were exchange  knife  blow was given on chest  to deceased  also to the person who came to rescue him. It  cannot be said fatal injuries were without predestination exception  cannot be applied ; Mahesh Balmiki  v. State of Madhya Pradesh , 1999 AIR (SC) 338:

(xxvii)   Where the  evidence of eye with ness regarding   assault to deceased by accused persons was truthful , reliable and  clearly  corroborated by medical evidence and common intention of  accused  parsons to Commit murder of deceased also proved therefore conviction under section 300/34 us proper ; Ratan Devnath v. State of Tripura, 2000 Cr LJ 237 (Gau).

(xxix)    Where the co  accused also  shard common intention of committing murder of  deceased by exhorting accused to commit crime, then  offence punishable under section  302r/ w section  34 IPC was also proved  against him;  Ravindra Singh v. State of Uttar Pradesh, 2000 Cr LJ 63 (All).

(xxx)    Where evidence of eye withness neither woholly  reliable nor wholly unreliable  then it can not be inferred  that both accused were individually or  collectively were respondible for causing death of deceased while injury was grievous in nature , there  conviction under section 302 althred to one under section 326 IPC; Shaik Subhani v. State of  Andhra Pradesh, 2000 Cr LJ 321 (AP).

(xxxi)    Where no prejudice caused to accuded due to alteration of charge from  under sections 302,392 I.P.C to section  396, Therefore trial not vitiated; K.M.Ibrahim v. State of Karnataka, 2000 Cr LJ 197 (Karn).

 

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