Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Circumstantial evidence - Motive of crime proved on record as accused taken away Rs.10,000 from house of deceased, though they not succeeded in taking away the amount of Rs.3.5 lakhs, which was in their knowledge - Blood stain clothes of accused recovered at the disclosure statement of accused and..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Death due to 100% burn injuries - No evidence on record that sister-i, law and brother-i, law tortured the deceased for any demand of dowry - It cannot be said that brother-i, law and sister-i, law had any common intention with husband of deceased in commission of crime - It is sufficiently shown on record that..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused `A' died during pendency of appeal - FIR lodged by eye witness does not contain allegation against accused `G' with regard to assault or causing any injury to deceased or that he exhorted accused `A' to kill deceased - Said omission on part of eye witness is material omission, which affects the core of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - All eye witnesses not supported the prosecution case except PW7 - Statement of PW7 inspires confidence and his presence at the place of occurrence proved by several other witnesses, some of whom may not have supported the prosecution case - PW7 vividly deposed about genesis of occurrence, participation and involvement of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is not essential that bodily injury capable of causing death should be inflicted in order that charge u/s 307 IPC be made out - It is enough if there is an intention coupled with some common act in execution thereof...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Two bombs were hurled towards PW1, from which it can safely be inferred that intention was to cause death - Words uttered by A-4, that PW1, ought to be killed, also lend further credence to this view - Motive of crime also proved - Though nature of injuries were simple in nature, but this..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Reduction of sentence - Crime in question is heinous in nature - Contention of A-4 that he is on bail since 2006 and that there is no point in sending him back for incarceration for a period of one year and a little over, rejected - Conviction upheld...........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Where woman is raped by one or more of group of person acting in furtherance of their common intention each of person shall be deemed to have committed gang rape with the meaning of S.376(2)(g) - Act of gang rape has to be in furtherance of their common intention before deeming fiction of law..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by side of road - All these..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - There was no preconceived common object of eliminating the members of complainant family and group - In the scuffle that took place between parties, one blow came to be inflicted on the head of deceased, which proved fatal - However, this by itself cannot be reason to conclude that there was any..........
