Indian Penal Code, 1860, Section 304B 498A, 34, 120B, 304B, 302 -- Dowry death - Conviction on basis of dying declaration - I.O. not examined - Interpolation in FIR - High Court setting aside conviction and sentence u/ss 304B r/w 34 and 120B IPC so far as in-laws are concerned though maintained conviction u/s 498-A IPC - Conviction of husband converted from S.304B to 302..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- No overt act attributed to appellant, excepting he accompanied another accused due to strained relation with deceased old woman on land dispute - The other accused fired and killed the deceased - Conviction of appellant u/s 302/34 is liable to be set aside - But as the appellant was having an..........
Indian Penal Code, 1860, Section 302, 34, 106, 114 -- Abduction by more than two persons and later found murdered - Presumption is that all the abductors are responsible for the murder unless any particular abductor satisfies the Court with his explanation as to what else he did with the victim subsequently, i.e. whether he left his associates en-route or whether he..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 186, 332, 34 -- Charges u/s 186, 332/34 - Provision of S.195 Cr.P.C. barred taking cognizance of offence u/s 186 IPC - Offence under Ss.186 and 332 IPC are two distinct offences and quality of offence is also different - Cognizance taking is bad in law - Criminal proceedings would continue so far..........
Indian Penal Code, 1860, Section 34 -- Common intention - Two postulates are indispensable (1) The criminal act (consisting of a series of acts) should have been done, not by one person, but more than one person (2) Doing of every such individual act cumulatively resulting in the commission of criminal offence should have been in furtherance of the common intention of all..........
Indian Penal Code, 1860, Section 34 -- `Common intention' is different from `same or similar intention' - Person having similar intention which is not the result of pro-concerted plan cannot be held guilty for the 'criminal act' with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- 'In furtherance of the common intention' is different from the words used in S.10 Evidence Act 'in reference to their common intention' - S.10 of Evidence Act deals with the actions done by conspirators in reference to the common object, S.34 deals with persons having common intention to do a criminal act ...........
Indian Penal Code, 1860, Section 34 -- Mere presence near the place of occurrence at or about the time of crime in the absence of other evidence, direct or circumstantial, cannot held a person guilty with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Seen by son and neighbours - Contention that these witnesses are interested witnesses and the Courts below erred in placing reliance on these witnesses - No force in this contention...........
Indian Penal Code, 1860, Section 302, 34, 304 -- Part II - Murder or culpable homicide not amounting to murder - Incident in a field - Accused came in a bullock cart wanted to pass through deceased's field - Objected to - Beaten by `Lathi' - Died instantaneously - It is murder...........
