Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Various infirmities were found in evidence of prosecution - Place of occurrence not established to the satisfaction of Court - Merely because PWs 1 and 2 are stated to be eye witnesses coupled with recovery, it cannot be stated that prosecution proved its case beyond reasonable doubt - Benefit of doubt..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Direct evidence - Eye witnesses to the incident stated that both the accused had jointly gone to the house of deceased and had called him out and had taken him away - Immediately thereafter incident took place in course of which both A-1 and A-2 had attacked the deceased with knives - Ingredients of..........
Indian Penal Code, 1860, Section 34 -- Common intention - No pre-concieved or elaborate plan to commit crime is necessary as common intention may also develop just before actual crime is committed - Common intention of accused is to be ascertained from facts and circumstances of each case...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Death of deceased due to haemorrhagic shock consequent upon multiple stab injuries - Testimony of eye witness PW1 establishes presence of accused at scene of occurrence - Moreover, testimony of PW1 is corroborated by medical evidence and post-mortem report on record - Thus, prosecution proved its case..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No evidence on record that accused `L' was having any common intention with Co-accused `B' - PWs stated that they heard some noise at the spot but they did not state as to who fired and how many persons were involved in the occurrence - PW5 stated that he did not identified the person who..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape of minor girl - Common intention - Both accused entered house, forcibly dragged prosecutrix out and when accused was committing rape upon prosecutrix co-accused `M' was guarding the area - Though co-accused `M' has not committed rape but by virtue of S.376(2)(g) IPC he is guilty of offence as he has accompanied..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Facts of case squarely covered under first and second part of S.307 IPC, as gunshot injury caused by accused to victim was grievous in nature - Bullet injury caused in head of victim, which is most delicate and vital part of body - All accused gone to house of victim with common intention to..........
Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred after altercation took place during discussion - That led to sudden fight during which A-1 attacked the deceased with a knife - There was neither prior concert nor common intention to commit murder - S.300 Exception 4 IPC is applicable to the case - Accused convicted u/s 304(Part..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Accused came together armed with a hammer, sickle and iron rod respectively and assaulted deceased repeatedly on head - Repeated assault by each of accused on the head of deceased reflects individual intention of each of them to ensure the death of deceased - Number of injuries on the head of deceased speaks for itself..........
