Indian Penal Code, 1860, Section 34 -- Common intention - When S.34 IPC is applied then each of accused should be convicted under the same provision and awarded the same sentence...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - General and vague allegations levelled against proposed accused - Causal reference of their names that they had connived with main accused already arraigned or by saying that beatings were extended by them at their behest..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Compromise arrived at between parties - No accused has been declared proclaimed offender - Accused are aged about 45 and 46 years respectively and belong to poor strata of society - They are not previous convicts and suffering ignominy of trial for last more than 2 decades - Even, after..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of Kulhari from A-2 and lathi from A-1 not proved - Deceased sustained four injuries over his head - Allegations against A-4 that he inflicted injuries over head of deceased on more than two occasion - However, statement of eye witnesses does not inspire confidence in second trial against A-4 - Credibility of..........
Indian Penal Code, 1860, Section 324, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 324, 34 IPC - Benefit of probation - Incident occurred 19 years ago and accused convicted about 15 years ago - A-1 is 76 years old and A-2 is 71 years of age - No other case is lodged against accused - Accused convicted u/s 324 IPC which is not a heinous offence - It was a..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Subsequent to the filing of complaint wife took divorce from accused/husband and got remarried, will not come in the way of establishing allegation against husband with regard to an offence which was committed before her divorce...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Death by poisoning - Merely bald statements made by father of deceased which do not indicate any wrong doing on the part of accused - In the absence of any proximity between the alleged act of accused and suicide of deceased, ingredients of S.306 IPC are completely missing - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Court has no jurisdiction to modify award u/s 34 of the Act...........
