Indian Penal Code, 1860, Section 409, 34 -- Conviction - Acquittal of co-accused on the basis of same evidence - Held, conviction of accused not proper - Parity has to be maintained amongst accused who are similarly situated - More so S.34 is not a distinct offence...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Axe and darat blows on head given by two accused - Death due to injuries - Defence plea of acting in exercise of right of private defence - Defence plea probabilized which rules out the pre-meeting of minds of accused and they are liable for their individual acts - Only two of the accused caused fatal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Alleged eye witnesses not witnesses of occurrence - Postmortem report that deceased died on account of stab wound on his abdomen, but it cannot be presumed that he died on account of injury inflicted by accused `K' at the instigation of accused `H' in conspiracy to other accused persons - Blood not found near dead body -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injuries - Prosecution case that two shots were fired, one each, by accused - Medical evidence of one gun shot injury - No benefit can be given to accused - It would be impossible for any witness in a case of simultaneous firing of two or more shots to give a categorical statement as to which of the two shots..........
Indian Penal Code, 1860, Section 300, 34 -- Common intention - Accused `B' and `J' caught hold father of deceased till very end, thereby facilitated commission of murder of deceased - Held, this shows common intention of accused `B' and `J' with that of main accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Bail - Offence u/ss 498-A, 304-B, 34 IPC - Dowry death - Father-in-law in custody for about 10 months - No specific allegation against petitioner that he made any demand during marriage or thereafter - Petitioner not prima facie guilty of committing offence u/ss 498-A, 304-B IPC..........
Indian Penal Code, 1860, Section 498A, 306, 34, Evidence Act, 1872, Section 113A -- Cruelty and abatement to suicide - Appeal against conviction - Deceased/wife dies within 8 months of marriage - Deceased was 6-8 weeks pregnant when she took such drastic step - As per medical reports cause of death was asphyxia as a result of suspecting poisoning - Death of deceased is..........
Indian Penal Code, 1860, Section 34, 302 -- Common intention - Murder - Proof of - Accused went to R's house and called him to house of `S' - Both of them were present inside the room, where `R' was assaulted and killed - Both of them came out together and though accused `N' was holding a dao in his hand - Both accused intimidated PW2 and PW3 by threatening them with dire..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Nature of offence - Incident at the spur of moment as accused Ram Ratan pierced his ballam in the chest of deceased - No sharing of common intention by both the accused - Accused Veer Singh acquitted whereas conviction of other accused altered from S.302 IPC to S.304 Part I IPC and sentenced to 7 years RI...........
Indian Penal Code, 1860, Section 302, 34, 376(2)(g), 377, 201 -- Rape and murder - Statement of two eye witnesses recorded after 9 days though these witnesses met the police and father of the deceased frequently and the police was throughout with them - Explanation for delayed recording of statement of two eye witnesses found not plausible - Accused acquitted - Held,..........
