Co-sharer -- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are detrimental to the interest of other co-owners out of possession - Mere..........
Criminal Procedure Code, 1973, Section 215, 218 -- Error in charge - Clubbing of charge for three distinct offences under one common head was not proper - However, averments in prosecution case, and import of evidence on which they were founded had clearly spelt out the direct involvement of appellant in waylaying the victim, firing at him and snatching of the bag, all in..........
Indian Penal Code, 1860, Section 34 -- Common intention - A pre-concert in the sense of a distinct previous plan is not necessary to be proved - Common intention to bring about a particular result may well develop on the spot as between a number of persons, with reference to facts of case and circumstances of situation...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous conscious mind of persons participating in criminal action to bring about a particular result - Minds regarding sharing of common intention gets satisfied when an overt act is established qua each of accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC is applicable even if no injury is caused by a particular accused himself...........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC brings within the ambit of penal liability even those persons who have not actually committed crime but there existed a common intention animating the accused leading to doing of a criminal act in furtherance of such intention...........
Indian Penal Code, 1860, Section 34 -- Common intention - Word `same and similar intention' is different from `common intention' - To constitute common intention, it is necessary that intention of each one of accused be known to rest of them and shared by them...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Two accused along with co-accused `S' armed with Pharsa and country-made pistol came to house of complainant and after abusing complainant's party threatened them, inflicted injury upon nephew of complainant - It shows that there was a pre-concerted plan to threat and cause injury to..........
Indian Penal Code, 1860, Section 34 -- Common intention - A pre-concert in the sense of a distinct previous plan is not necessary to be proved - Common intention to bring about a particular result may well develop on the spot as between a number of persons, with reference to facts of case and circumstances of situation...........
