Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Previous enmity between parties - Testimony of eye witnesses - PW2 & PW3, eye witnesses to incident proved the presence of accused persons as well as their role of inflicting injuries thereby committing murder with a common intention - A-2 in his statement u/s 313 Cr.P.C. did not deny his presence on..........
Indian Penal Code, 1860, Section 34 -- Common intention - Requires a pre-oriented plan and acting in pursuance to plan - Common intention thus, must exist prior to commission of act or it may come into existence on the spot itself in a point of time...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of accused in the absence of any specific participation or aid given by accused in the commission of offence, would not fall within the purview of S.34 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Eye witness stated that two surviving accused though present on the spot, remained passive and did not contribute overtly or covertly towards the commission of crime - It was accused `M' (since deceased) alone who was responsible for occurrence - Present accused did not share any common intention to..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and left the dead bodies at two..........
Haryana State Central Co-operative Bank Staff Service (Common Cadre) Rules, 1975, Rule 31(3), Haryana Co-operative Societies Act, 1984, Section 115 -- Lacuna occurred while passing order of Revisional Authority holding that Registrar is not Competent Authority to decide appeal - From that state, matter is remanded to be re-examined - Order of Appellate Court and Revisional..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Presence of accused `B' at the spot and his participation in crime proved by eye witnesses - Mere externment would not be a ground to say that accused `B' was not at the place of incident, once accused `B' was seen at the place of incident firing deceased - Moreover, alleged externment..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Weapons of offence recovered at the disclosure statement of accused `D' and it was he who pointed out the place where weapons of crime was hidden - It was not possible that accused `D' was not aware of place of hiding of weapons used in the incident - Moreover, accused `D' admittedly a..........
Indian Penal Code, 1860, Section 149 -- Common object - Once it is established that unlawful assembly had a common object, it is not necessary that all persons forming unlawful assembly must be shown to have committed some overt act...........
Indian Penal Code, 1860, Section 149 -- Common object - Vicarious liability - For the purpose of incurring vicarious liability under the provision, liability of other members of unlawful assembly for the offence committed during continuance of occurrence, rests upon the fact whether other members knew before hand that offence actually committed was likely to be committed..........
