Indian Penal Code, 1860, Section 324, 34, 326, 302 -- Assault by A1 to A4 - None of the accused used any deadly weapon carried by them on any vital part of body - Injury No.4 which proved to be fatal was caused by fall caused by A1 who kicked deceased after the fall - A2 to A4 used iron rods and oars to hit deceased and not cause his death - High Court was wrong in..........
Indian Penal Code, 1860, Section 34 -- On exhortation of one appellant second appellant fired gun shot - Conviction of third appellant, who accompanied other two, with aid of S.34 IPC - Third appellant had carried no weapon and no overt act attributed to him except that he accompanied other two - Conviction of third appellant set aside...........
Indian Penal Code, 1860, Section 34 -- Four accused - All the four did not come together - Held, for the applicability of the provision it is not material how the accused converge on the place of occurrence - What is material for the applicability of the provision is their common intention...........
Indian Penal Code, 1860, Section 34 -- Common intention - Applicability of S.34 depends upon the facts and circumstances of each case - No hard and fast rule can be laid down as to the applicability or non-applicability of S.34 - For applicability of the section it is not necessary that the acts of several persons charged with commission of an offence jointly, must be the..........
Indian Penal Code, 1860, Section 34 -- Common intention - A person may be constructively liable for an offence which he did not actually commit by reason of: (1) the common intention of all to commit such an offence (Section 34); (2) his being a member of a conspiracy to commit such an offence (Section 120A); (3) his being a member of an unlawful assembly, the members..........
Indian Penal Code, 1860, Section 34 -- Common intention - Prior concert and prearranged plan is its foundation - Two of four accused caused injuries on the back of deceased whereas two other caused injuries on the head and only head injuries were found fatal but circumstances indicated common intention and conviction with aid of S.34 calls for no interference...........
Indian Penal Code, 1860, Section 302, 304(Part II), 34 -- Murder - Conviction u/s 302 - Appeal against - Act done with knowledge that it is likely to cause death - Deceased died in a dispute over payment of Rs. 20 - No evidence to prove any premeditation to cause death - Entire event appears to have taken place on spur of moment - Appellants alleged to have assaulted..........
Indian Penal Code, 1860, Section 34, 201, 302 -- Appeal against conviction - Circumstantial evidence - No conclusive evidence of accused and deceased being last seen together - Statement of witnesses on point of extra judicial confession full of contradictions on material aspects - Witness to whom extra judicial confession made having no intimacy with accused as such there..........
Indian Penal Code, 1860, Section 34 -- Murder - Common intention - Appellant caught hold of waist of deceased, took him towards nulla and threw him on ground and then co-accused inflicted iron rod blows five times - Appellant did not try to prevent co-accused from assault or exhibited any intention that co-accused should discontinue the attack - Held, offence would be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder by two accused - Three eye witnesses - PW-1 eye witness confronted with his earlier statement where he had not claimed to have seen the attack and hence could not be relied - PW-2 eye witness also confronted with her statement and was not reliable - Evidence of third eye witness found fully reliable and remained unshaken..........
