Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Carrying of weapons, arrival at a particular place and at the same time, entering into shed and murder of deceased definitely attract the constructive liability u/s 34 IPC - Absence of any injury caused by a lathi cannot be governing factor to rule out S.34 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two witnesses - Does not affect prosecution version and creates any doubt in the mind of Court, particularly when witnesses examined by prosecution are trustworthy and Court can safely rely on their testimony - No adverse inference therefore, can be drawn against prosecution...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased died due to gu, shot injury - Contention that accused `M' was carrying lathi, thus he had no role to play in the occurrence, rejected, as accused `M' had gone with other accused, who were carrying pistols and ballam with intention to kill deceased who were studying in the shed - Common..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Limitation Act, 1963, Article 10, Insurance Act, 1938, Section 64UM(2), Carriers Act, 1865, Section 10 -- Carrier - Damage in transit - Compensation - Limitation - Date of knowledge of loss or injury to goods is relevant only to the notice in writing to be issued to common carrier before institution of suit - Notice should be issued within six months of time when loss or..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred on the spur of moment and in an uncontrollable, embittered and agitated state of enragement, thus, depriving accused of their power of self control - There was no pre-mediation or prior concert on the part of accused to commit murder of deceased - Though during assault, accused were..........
Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-I, 147, 148, 149 IPC - Reduction of sentence - Incident occurred in the year 1982 and as on date, more than three decades have passed - Accused do not have any criminal background - Even deceased and accused descend from a common ancestor - Sentence reduced from 10 years R.I to 7 years R.I u/ss 304 Part-I, 149..........
Indian Penal Code, 1860, Section 304B, 498A -- Cruelty or harassment of the lady by her husband or his relative for or in connection with any demand for any property or valuable security as a demand for dowry or in connection therewith is the common constituent of both the offences...........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Common object - Property dispute - A-1 caught hold of deceased and A-4 dealt with lathi blows - Other accused persons who were standing nearby did not play any role in attacking deceased - Only act attributed to them is that they shouted `Maro sale ko' - Mere utterance of said words would not mean that they wanted..........
