is to convey to the juiy the correct principles of law applicable to the evidence so the jury can apply the proper legal principles to the facts and arrive at a proper conclusion based on the law and the evidence.” People v. Peebles, 125 Ill. App. 3d 213, 217, 465 N.E.2d 539 (1984). If an IPI instruction does not state the law, the proffered instruction given on that subject should be simple, brief, impartial, and free from argument. If an appropriate IPI instruction does exist it must be used; however, the decision to give or refuse a non-IPI instruction is a matter within the sound discretion of the trial court. See 134 Ill. 2d R. 451(a); People v. Thomas, 175 Ill. App. 3d 521, 528, 529 N.E.2d 1071 (1988); see also People v. Sims, 265 Ill. App. 3d 352, 362, 638 N.E.2d 223 (1994) (<HOLDING>). An abuse of discretion occurs in refusing to
holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given holding that illinois courts give preference to applicable ipi instruction unless that particular instruction does not accurately state the law in that case the instructions may be modified or supplemented when the facts of a particular case make them inadequate holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case