Indian Penal Code, 1860, Section 34, 149 -- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is substantial difference between the..........
Service -- Disciplinary proceedings - Criminal case also instituted for the same incident - Acquittal in criminal case - Has no bearing or relevance to the facts of the departmental proceedings as the standard of proof in both the cases are totally different - In a criminal case, the prosecution has to prove the criminal case beyond all reasonable doubt whereas in a..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Not permissible...........
Indian Penal Code, 1860, Section 307, 302, 148, 149 -- Accused allegedly caused death of two persons and injuries to others by firing on them and assaulting them with deadly weapons - Gun shot injuries tallied with medical evidence - Reliable eye witnesses stated that there was previous enmity between accused and complainant and litigation was going on between them - Held,..........
Motive -- Proof - Motive for doing a criminal act is generally a difficult area for the prosecution to prove since one cannot normally be seen into the mind of an accused...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder - Culpable homicide not amounting to murder - Proof - When PW4 was getting wall of his house broken through labourers for opening a new door towards appellant No.3's house he objected it - At that time, deceased and some other persons reached the place of occurrence and thereafter some quarrel began and on a spur..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Proof of - No evidence of existence of pre-arranged plan or a prior concert - No evidence at all of prior meeting of minds - Conduct of appellant No.1 and No.2 would show that they never shared a common intention with appellant No.3 for inflicting knife injury to deceased by appellant No.3 - Held,..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - Meeting of minds of two or more persons for doing an illegal act or an act by illegal means is sine qua non of the criminal conspiracy - However, it may not be possible to prove the agreement between them by direct proof - Existence of the conspiracy and its objective can be inferred from the surrounding circumstances..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents-LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents - LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
