Showing : 6611-6620 of 14432 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 34-- Vicarious liability - Applicability - Two factors must be established i.e. common intention and participation of accused in crime - If intention is proved but no overt act committed, section can still be invoked - Phrase `common intention' means pre-oriented plan and acting in pursuance to plan -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Material omission - Family members not informed Police while lodging missing diary report about illegal demand for money by accused persons and that accused threatened deceased with dire consequences - Held, not a material omission - Conviction upheld...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 34-- Murder - Subsequent conduct - Accused persons absconding immediately after date of occurrence and could not be arrested despite various raids by police authorities - Absconding in such manner and for such long period is relevant consideration - It not only goes with hypothesis of guilt of accused..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Test to determine - Circumstances from which conclusion of guilt is to be drawn should in first instance be fully established - All facts so established should be consistent only with hypothesis of guilt of accused - Circumstances should be of conclusive nature..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 162-- Murder - Conviction - Appellant not named in FIR - Propriety - Such omission by itself would not be sufficient to give benefit of doubt to accused - Held, minor contradictions, inconsistencies or embellishments of trivial nature which do not affect core of prosecution case should not be taken to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,34-- Acquittal of co-accused - Once there exist reliable, cogent and credible evidence against one of the accused, the mere acquittal of other accused will not frustrate the case of the prosecution...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Retention of certificates of teacher by management - Teacher resigned during middle of the academic year and failed to pay three months salary as agreed - Management retained certificates of teacher - Non payment of three months salary by teacher as he resigned in the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226-- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender - Misappropriation of money established in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 109-- Abetment - Evidence of exhortation is in the very nature of things a weak piece of evidence and there is often quite a tendency to implicate some person in addition to the actual assailant by attributing to that person an exhortation to the assailant to assault the victim - Unless the evidence in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 109-- Abetment - If prosecution proves that accused was present at the place of occurrence and had exhorted to shoot at the deceased and in case he wants the Court to reject the prosecution version as not probable then burden is on him to lead evidence that he was not at the spot and did not exhort to..........

Showing : 6611-6620 of 14432 Results