Showing : 11-20 of 58 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 147, 449, 149, 34-- Murder - Eye witness - Wife of deceased stated that she saw in torch light accused persons armed with gandasa and sword entered into her house and cut the neck of deceased - Her presence in house at the night of incident is not doubtful as her clothes were found blood stained which matched with..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 149, 34-- Murder - Unlawful assembly - Common intention - Held, even if accused has not been charged with aid of S.34 IPC and instead charged with aid of S.149 IPC, he can be convicted with aid of S.34 IPC when evidence shows that there was common intention to commit crime and no prejudice or injustice has..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 149, 324, 34-- Murder or hurt - Proof - Accused A-2 charged for offences u/ss 147, 148 and 302 r/w S.149 IPC - Only overt act attributed to accused that he beat victim who intervened during attack with blunt axe on his back side - Medical Officer opined that injury was simple in nature - Held, accused A-2 is..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 149, 34-- Non applicability of S.149 IPC - Accused can be convicted u/s 302 r/w S.34 IPC, if evidence discloses commission of an offence, in furtherance of common intention of such accused...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 141, 149, 34-- Murder - Unlawful assembly - Three out of seven accused acquitted by High Court - Remaining four accused convicted u/ss 302/149 - Legality - Held, four persons do not constitute unlawful assembly - Could be convicted with the aid of S.34 - Conviction u/s 302/149 not proper...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 302, 34-- Six accused prosecuted for offence u/ss 143, 451, 323, 324, 355, 504, 506, 302, 109 & 149 IPC - Acquittal of four and conviction of two by trial Court - High Court convicted four of the accused - Accused who gave a chappal blow only convicted u/s 323 IPC and his conviction upheld - Accused N, who..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 34, 149-- Accused can be convicted with the aid of Section 34 IPC in place of Section 149 IPC if there is evidence on record to show that such accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of Section 34 IPC in place..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34-- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........

Showing : 11-20 of 58 Results