Indian Penal Code, 1860, Section 302, 149, 34 -- Charge u/s 302 r/w 149 but conviction u/s 302 r/w 34 - Not illegal - Accused can be convicted with aid of S.34 instead of S.149 if there is evidence on record to show that accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of S.34 IPC in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 307, 148, 149, 506, 34 -- Bail - Offence u/ss 323, 307, 148, 149, 506 r/w S.34 IPC - Investigation complete and challan also presented - Cross case in which petitioner's associates also suffered injuries - Jailley (an agricultural apparatus) used as a blunt weapon shows that petitioner had no..........
Indian Penal Code, 1860, Section 149, 34 -- Both the provisions stand on different footing although application of both the Sections may be held to be mandatory - Like Section 149 of the IPC Section 34 of that Code also deals with cases of constructive liability but the essential constituent of the vicarious criminal liability under Section 34 is the existence of a common..........
Indian Penal Code, 1860, Section 302, 34, 148, 302, , 307, 149 -- Accused armed with gun, country made pistols and hockey sticks reached where deceased and prosecution witnesses were singing - Accused fired at two persons who died and others were injured - Five out of eight convicted - Just because witnesses were related to deceased is not a ground to discard their..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Accused not mere sightseers - Nothing to show that dissuaded the persons from committing the criminal act or withdrew at any point - Eye witnesses identifying and establishing presence - Animosity admitted - Conviction u/s 302 with aid of section 34 and 149 upheld...........
Indian Penal Code, 1860, Section 302, 149, 34 -- Non applicability of S.149 is not a bar in convicting the accused u/s 302 read with S.34 IPC if evidence discloses commission of an offence in furtherance of common intention of such accused...........
Indian Penal Code, 1860, Section 34, 147, 148, 149, 302, 307, 323, 341 -- Prosecution of eight accused - Coming together of all not established - Unlawful object to kill B who lay herself down on J not developed at any point of time prior to actual occurrence - Incident not occurring in manner as described by prosecution - Origin of occurrence withheld - Injuries caused..........
Indian Penal Code, 1860, Section 149, 34, 302 -- Common object and common intention - Non availability of S.149 IPC is no bar in convicting accused under S.302 read with S.34 if the evidence discloses commission of an offence in furtherance of the common intention of all of them...........
Indian Penal Code, 1860, Section 302, 149, 34 -- Common intention - Two out of seven accused armed with lethal weapons - Both simultaneously assaulted and killed the deceased - Both shared common intention and not others - Both accused convicted u/s 302 r/w S.34 though initially they were charged u/s 302 r/w 149 - No bar in convicting the appellants u/s 302 r/w S.34 if..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention & common object - Distinction - Common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or preconcert - Though there is substantial difference..........
