Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Leave to appeal declined as PWs trying to improve upon the original version which was given before the doctor - State not able to point any compelling circumstances which would compel the Court to take a contrary view that the conclusion of the trial Court is..........
Indian Penal Code, 1860, Section 302, 34, 304II, 323, 324 -- A1 hitting with bottle on head - It did not cause even a visible injury - A2 throwing a burning kerosene lamp from a distance - Acts done cannot be said to be in furtherance of common intention to cause death - Accused can be held guilty for the individual overt acts - Throwing of burning kerosene lamp gives rise..........
Indian Penal Code, 1860, Section 307, 34, 323, 34, Criminal Procedure Code, 1973, Section 357 -- Attempt to murder - Both hands amputated - Accused sentenced to 10 years rigorous imprisonment - High Court reduced sentence of second appellant from ten years to seven years - High Court further directed appellant No.1 to pay Rs.1 lac and second appellant to pay Rs.50,000/- as..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34 -- Dowry Prohibition Act, 1961, S.4, Criminal Procedure Code, 1973, Ss.482 and 156(3) - Quashing of proceedings - Petitioner charge-sheeted under Ss.498A, 323, 294, 506/34 IPC and S.4 of Dowry Prohibition Act, 1961 on a complaint filed by complainant under S.156(3) Cr.P.C. - No evidence on record that petitioners..........
Indian Penal Code, 1860, Section 364, 302, 34, Evidence Act, 1872, Section 106 -- Abduction and murder - One of the accused dragged victim and while doing so called another accused to bring a lathi to kill the victim - Conviction u/s 364 IPC is justified - What transpired thereafter? - Prosecution proceeded on footing that there were eye witnesses to the fact of murder -..........
Indian Penal Code, 1860, Section 30, 34 -- Murder - Common intention - For conviction u/s 302 r/w S.34 IPC it is essential to see that such person who himself has not committed the crime, had common intention to commit the murder with the main assailant...........
Indian Penal Code, 1860, Section 30, 34 -- Appellant A1 attacked deceased with Khukari while rest of appellants caught hold of him - Evidence of common intention of two appellants cannot be said to have been proved beyond reasonable doubt regarding committing offence of murder - Appellant A1 convicted whereas two other appellants acquitted...........
Indian Penal Code, 1860, Section 302, 302, 324, 34 -- Conviction - High Court took view of self defence but convicted second appellant u/s 302 IPC for his individual act of fatally attacking deceased son and convicted other appellant u/s 304 Part I IPC - High Court's finding of self defence not a reasonable possible view - Incident took place in public street - Injuries on..........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape - Girl aged 11 raped and throttled to death - Case based on circumstantial evidence - (i) Chance foot prints lifted from the crime scene were similar to the specimen foot print marks of the accused as per the report of the Finger Print Bureau; (ii) Used condom was recovered from the field of informant Sufeda Khan at the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Conviction - Appreciation of evidence - Allegations against appellants that they gave beating to deceased and he died on the spot - Testimony of two eye-witnesses found trustworthy and reliable - Corroborated by testimony of other witnesses - Land dispute between the parties - Medical..........
