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With respect to the offence under Section 304, the duration of imprisonment can only be ascertained at the conclusion of trial, and the period of investigation for that offence shall only be 60 days and not 90 days, unless the facts of a case undisputedly indicate an intention of the accused to cause death or bodily injury likely to cause death.
“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”
The General Security Force Court had convicted the BSF jawan for murder and had sentenced him to life imprisonment along with dismissal from service.
Without there being any evidence as to the presence of the accused in the house at the time of the death of the deceased, especially when the material witnesses turned hostile, convicting the accused basing on the assumptions and presumptions by the Sessions Court was erroneous.
Supreme Court: In an interesting case, where a man was convicted for murder of his younger brother, the bench of Sanjiv Khanna*
Supreme Court: The bench of BR Gavai and Hima Kohli*, J has held that while deciding a case relating to right to
High Court for States of Andhra Pradesh & Telangana: In a dismal case of a mother strangling her two children to death