Indian Penal Code, 1860, Section 34 -- Common intention - For S.34 IPC to apply there should be common intention between co-perpetrators which means that there should be community of purpose and common design or pre-arranged plan - However, this does not mean that co-perpetrators should have engaged in any discussion, agreement or valuation...........
Indian Penal Code, 1860, Section 34 -- Common intention - Expression `criminal act' in S.34 IPC refers to physical act, which has been done by co-perpetrators/participants as distinct from the effect, result or consequence - `Criminal act' is different from `offence'...........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Testimonies of all eye witnesses implicate accused `K' as perpetrator who had assaulted deceased after he had fallen down - Version of role of accused `K' deposed by eye witnesses gets corroboration from post-mortem report and deposition of doctor - Death occurred due to multiple..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Role of co-accused were limited to holding and twisting the hands of deceased - Co-accused not assaulted after deceased had fallen down and were not responsible for injuries suffered by deceased resulting in his death - They did not facilitate and help main accused `K' in assault he..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was about 17 years of age at the time of incident - He was driving the offending vehicle at the relevant point of time - It is a matter of evidence whether matter falls within definition of S.304-A IPC or S.304(Part I)PC - No evidence on record that if petitioner is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Impact of physical cruelty suffered by wife at matrimonial home also affects mental health of wife and may continue even though she is being driven away from the matrimonial home or even if she willingly leaves her matrimonial home due to harassment or physical cruelty by her husband or his relatives...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Wife compelled to leave her matrimonial home within a short period of 9 months, sufferings emotional/mental agony consequent to ill treatment meted out to her must have continued at her parental house also, amounts to commission of cruelty u/s 498-A IPC at parental house - Accused rightly convicted...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations of marpeet and mental harassment/torture by accused is on record for the reason that aggrieved wife could not bring enough dowry - Demand of dowry was also made when wife is at her parental house - When accused took her back to matrimonial home, she was..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Identification of accused - Victim identified accused in Court - Though, victim did not know accused by name at the time of incident, however there is no evidence to suggest that victim was not acquainted with accused or had not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Medical report of victim indicated that hymen was torn and there were signs of recent sexual intercourse - Accused confessed before Judicial Magistrate regarding crime in question, though he feebly tried to retract from such..........
