Indian Penal Code, 1860, Section 396, 324, 34 -- Dacoity with murder - Dark night - When offence is committing by a stranger in a dark night the whole case depends upon the identification of accused - Identifying features of the culprits must be mentioned in the first information report and in the statement given before the police - Identity mentioned in FIR that two..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Attempt to murder - Common intention - Injuries sustained by accused - Explanation - Evidence of injured witness cogent and trustworthy - Pre-arranged plan of accused, proved - Evidence not shattered in cross examination - Delay in FIR well explained - Obligation of prosecutions to explain injury sustained by..........
Indian Penal Code, 1860, Section 34 -- Common intention - To invoke S.34 IPC prosecution must establish common intention and prove that the criminal act was done in concert pursuant to a pre-arranged plan...........
Indian Penal Code, 1860, Section 302, 34, 304 Part I, 97, 98, 99, 100, 101, 102, 103 -- Conviction u/s 302/34 IPC - Appeal against - Forcible taking possession of shop - Injuries inflicted in self defence - Appellants far exceeded their right of private defence and inflicted 13 injuries with sword and body of deceased completely mutilated - Conviction modified from S.302..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Grievous hurt - Appeal against acquittal - Discrepancies as to time of occurrence and that of arrival of injured and police in hospital - Prosecution has not come to Court with clean hands - Plea of alibi of one accused proved - Once the testimony of prosecution witnesses is found false with regard to the implication of one..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 324, 323, 34 -- Acquittal - Revision against - In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 302, 201, 392, 506, 34 -- Acquittal - Revision against - In the absence of any legal infirmity either in the procedure or in the conduct of the trial, there is no justification for the High Court to interfere in exercise of its revisional jurisdiction - High Court should not re-appreciate the..........
Indian Penal Code, 1860, Section 302, 34 -- Telephonic information to police about some incident of 'Marpeet' - SHO reached village - Written report submitted but not naming accused persons - Name of eye witness not mentioned in FIR - Informant changing her version many times - Injury stated to be caused by ballam on neck of deceased, but injury on neck of deceased found..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Death by burn injuries - Dying declaration - Causing death of sister-in-law by pouring kerosene and setting her on fire - Appellant and in-laws of deceased harassed and meted out cruelty to deceased - Conviction on basis of dying declaration - Dying declaration can form basis for..........
Indian Penal Code, 1860, Section 34 -- Common intention - To draw an inference of common intention it is not necessary that all persons must inflict an injury - Pre-mediated plan to commit an offence is not necessary - Meeting of minds, in furtherance of common intention, can develop at the spot or during the course of commission of an offence - Common intention can be..........
