Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Reduction of sentence - Crime in question is heinous in nature - Contention of A-4 that he is on bail since 2006 and that there is no point in sending him back for incarceration for a period of one year and a little over, rejected - Conviction upheld...........
Punjab Village Common Lands (Regulation) Rules, 1964, Section 5 -- Village land - Exchange of land by Panchayat - Appellants challenging the action of Panchayat on the ground that land which belongs to Panchayat and was given to appellants was of not equal value - However, no material or documents were placed by appellants that exchanged land is of not in equal value -..........
Criminal Trial -- Criminal justice is dependent on agencies of Government charged with enforcing law, adjudicating crime and correcting criminal conduct - Criminal justice system mandates fair and proper investigation with avowed object to bring out all material before Court of competent jurisdiction to enable it to find out truth - Unsolved crimes, unsuccessful..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Where woman is raped by one or more of group of person acting in furtherance of their common intention each of person shall be deemed to have committed gang rape with the meaning of S.376(2)(g) - Act of gang rape has to be in furtherance of their common intention before deeming fiction of law..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by side of road - All these..........
Indian Penal Code, 1860, Section 302, 148, 149, 307 -- Murder - Unlawful assembly - Common object - Six accused persons come to the place of occurrence armed with deadly weapons and fired at deceased - Common object to kill deceased is proved on record - Since there is clinching evidence on record to prove common objective, separate roles played by all accused need not be..........
Punjab Land Revenue Act, 1887, Section 28, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 16 -- Appointment of Lambardar - There is no force and merit in submissions, as drive for empowering women is in full swing - People would have more confidence in case office of lambardar is represented by woman - It has been case where illiterate persons are more intelligent..........
Indian Penal Code, 1860, Section 302, 324, 336, 148, 149, 506II -- Murder - Unlawful assembly - Common object - Enmity between two rival political groups - Prosecution evidence not sufficient to conclude that any conspiracy was hatched by accused with common object to cause death of deceased - No deadly weapons were carried by accused - At the most accused wanted to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - There was no preconceived common object of eliminating the members of complainant family and group - In the scuffle that took place between parties, one blow came to be inflicted on the head of deceased, which proved fatal - However, this by itself cannot be reason to conclude that there was any..........
Indian Penal Code, 1860, Section 34 -- Common intention - Merely because two accused were armed, it cannot be said that they both are responsible of murder of deceased - Accused killed the deceased in exercise of his right of private defence - Co-accused may or may not have acted out of desire to protect accused - He did not share same intention as that of accused - It is..........
