Indian Penal Code, 1860, Section 302, 34 -- Conviction by trial Court in an offence u/ss 302, 34 IPC - Acquittal by High Court - Prosecution case was that deceased was throttled and poison was administered to him - Report of FSL stated that viscera did not contain any poison - PWs' turned hostile during trial - Extra judicial confession found not reliable - Order of High..........
Indian Penal Code, 1860, Section 452, 307, 325, 323, 34 -- Delay of 43 hours in lodging FIR - No explanation for the delay - Possibility of embellishment, concoction and fabrication of the prosecution case cannot be ruled out - Evidence of witnesses and IO rendered untrustworthy and false - Medical evidence not inspiring confidence - Trial Court not appreciated evidence in..........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - Proof of - Common intention to abduct deceased was developed at the spot - When appellants-accused and unknown person were carrying him, then in furtherance of common intention to abduct deceased his murder was committed by firing shot on him by appellant-accused `R' - Held, act of committing murder of deceased..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Death by poisoning - Conviction by trial Court - Acquittal by High Court - Poison was mixed with Halua - No evidence on record from where Halua came - No forensic examination of Halua which contained poison - No interference in order of acquittal...........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
Indian Penal Code, 1860, Section 336, 308, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- FIR u/ss 336, 504 and 506 IPC - Magistrate on the basis of evidence collected by IO framed the charge u/ss 336, 308, 504, 506 & 34 IPC - X-ray report indicates there is depressed fracture of frontal bone of skull - According to supplementary medical examination report..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Non explanation of superficial injuries on accused - Non explanation of injuries by prosecution will not affect prosecution case where injuries sustained by accused are minor and superficial or where evidence is so clear and cogent that it outweighs the effect of omission on the part of prosecution to explain the..........
Indian Penal Code, 1860, Section 149, 34 -- Common object and common intention - Distinction - Analysed...........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to ring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of the..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC is applicable if no injury has been caused by the particular accused himself - For applying S.34 it is not necessary to show some specific overt act on the part of the accused, when it is shown that there was common intention and meeting of mind...........
