Indian Penal Code, 1860, Section 34 -- Common intention - Past enmity by itself, may not be a ground to hold for drawing any inference of formation of common intention amongst parties...........
Indian Penal Code, 1860, Section 304, 34 -- Culpable homicide not amounting to murder - Appeal against acquittal - Leave to appeal - Complaint filed by wife of deceased after delay of 7 months of occurrence - No explanation for such delay - Eye witnesses introduced for the first time after 13 months of occurrence - Eye witnesses stated that deceased died due to injuries..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Bail - Charge-sheet already filed - No chance to approach or tamper with the evidence - No chance to flee from trial as petitioner was working as Assistant General Manager in Reserve Bank of India - Petitioner infact not withdrawn any amount from Bank account..........
Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, 34 -- Cheating - Breach of contract - Nothing on record to show that at the very inception there was any intention on behalf of accused persons to cheat, which is a condition precedent for an offence u/s 420 IPC - Complaint does not disclose any criminal offence at all - Criminal proceedings should not be encouraged..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal by trial Court - Conviction by High Court - Accused along with his father hit on back of head of deceased with spade and caused his death - Merely because widow and brother of deceased are near relations, their testimony cannot be disbelieved - Defence..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Indian Penal Code, 1860, Section 302, 460, 380, 34 -- Murder - Circumstantial evidence - No eye witness of occurrence - No evidence on record that accused was either seen entering house of deceased or coming out of house - Entire case rests on recovery of some ordinary articles and of little value which no accused would have carried after committing a crime - Recovery of..........
Civil Procedure Code, 1908, Section 34 -- Interest - Deposit of plaint claim in Court - Such a deposit can never be treated as deposit of money in terms of O.21.R.1 CPC - Such deposit is only in order to avoid an order of attachment before judgment - Plaintiff is entitled to interest from date of suit till realisation...........
