Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Injured witnesses and eye witnesses not stated that accused with intention to cause death of injured persons have inflicted injuries - Ingredients of S.307 IPC not made out - Conviction altered from S.307 IPC to Ss.324/325 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband with help of his friends - Circumstantial evidence - Defence story set up by A1 that he gave lift to three unknown persons in car who robbed them and committed murder of his wife which is not probable, as priest of both families stated that A1 was in company of A2 and A3 before occurrence -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of tenant is survived nor he now..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34 -- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did..........
Civil Procedure Code, 1908, Section 34 -- Interest - Award of interest from date of suit to date of decree is entirely within discretion of Court, as word `may' cannot be read as mandatory as it confers discretion on Court to award interest pendente lite or future or both...........
