Showing : 6031-6040 of 13100 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Vicarious liability - It is not necessary to prove that each and every one of them had indulged in overt acts in order to apply S.34, apart from the fact that there should be two or more accused - Two facts must be established namely (a) common intention (b) participation of accused in the..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 265G-- Rash & negligent driving - Reduction of sentence - Trial court convicted accused and sentenced him to 6 months SI and to pay a fine of Rs.5, 000/- - Accused a first time offender - He has adequately compensated victims to their satisfaction - He is also the only bread earner for his two minor..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - Accused after drinking used to harass deceased and as accused had stopped earning he demanded money for liquor - Suicide by wife - There are no element of instigation, intentionally aiding by acts or commission of illegal omission are there which are essential for..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 107, 306-- Abetment of suicide - Simplicitor abusing and humiliation does not amount to abetment of suicide - For an act to fall within the ambit of offence of abetment to commit suicide an active role instigating or aiding the doing of a thing is required - There must be proof of direct and indirect acts of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 307, 302, 148, 149-- Accused allegedly caused death of two persons and injuries to others by firing on them and assaulting them with deadly weapons - Gun shot injuries tallied with medical evidence - Reliable eye witnesses stated that there was previous enmity between accused and complainant and litigation was going..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - One of accused granted bail after 4-1/2 years of custody - Co-accused surrendered after 10 years - High Court granted bail subject to condition that he would be enlarged after remaining in custody for 4-1/2 years - Impugned order set aside - High Court directed to reconsider afresh..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 143, 147, 148, 307, 323, 324, 449, 427, 207, 119-- Common object - Accused person 17 in number, armed with sword, choppers, knife and iron rods allegedly caused death of deceased and injuries to others by assaulting - Deceased received as many as 34 injuries - One of the accused, on seeing injured, exhorted other accused, 'Chase him, Chase him'..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- For 'common object', it is not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment - It is enough if it is adopted by all the members and is shared by all of them - In order that the case..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- Common object - Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under second part of S.149 IPC if it can be held that the offence was such as the members knew was likely to be committed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - For the purpose of incurring the vicarious liability under the provision, the liability of other members of the..........

Showing : 6031-6040 of 13100 Results