Indian Penal Code, 1860, Section 34 -- Ingredients - Common intention in the sense of a pre arranged plan between the two and person sought to be so held liable had participated in some manner in the act constituting the offence - Unless common intention and participation are both present section 34 cannot apply - Actual presence at the scene of incident not necessary in..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Accused not mere sightseers - Nothing to show that dissuaded the persons from committing the criminal act or withdrew at any point - Eye witnesses identifying and establishing presence - Animosity admitted - Conviction u/s 302 with aid of section 34 and 149 upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Limitations imposed under section 37 (1) (b) - Scope - Limitations on granting Bail u/s 37 (1) (b) are in addition to the limitation under Criminal Procedure Code, 1973...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempt to Rape - Attempt to commit offence - Scope and ambit - In every crime, there is first, intention to commit, secondly preparation to commit it, thirdly, attempt to commit it - If attempt is successful then crime is complete - If attempt fails the crime is not complete - Section 511 makes all attempts to commit..........
Indian Penal Code, 1860, Section 141, 149, 302 -- Common Object - Unlawful Assembly - Common Intention - U/s 149 prior concert and a common meeting of minds before attack not required - Whether there were five or more person and whether they had common objects as specified under section 141 are the key ingredients to convict accused with the help of section 149 - Common..........
Indian Penal Code, 1860, Section 149, 302 -- Unlawful Assembly - Presence - Liability - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by the common object and that object is one of those mentioned in Section 141 - No conviction when common object is not proved...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ingredients to draw presumption - Presumption can be raised only if accused being tried for the offence under section 304-B - Death of women should be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage - Deceased..........
Indian Penal Code, 1860, Section 307, 324 -- Accused firing gun shot at victim who was sleeping from a very close range - Bullet broke into pieces and pieces struck the accused - Whether accused liable under Section 324 or 307 - To attract section 307 it is not essential that bodily injury actually caused should be sufficient under ordinary circumstances to cause death -..........
Indian Penal Code, 1860, Section 80 -- Scope and Ambit - Requirement - Primordial requirement of section 80 is that the act which killed other person must have been done with proper care and caution - Care and circumspection taken by accused must be one taken by prudent and reasonable man - Where act of the accused is itself criminal in nature protection u/s 80 is not..........
Indian Penal Code, 1860, Section 304A -- Section 299 and 300 - Culpable Homicide - Section 304-A is attracted in case of death caused by rash and negligent acts and not amounting to culpable homicide u/s 299 or murder u/s 300 - Intention and knowledge to cause death absent in case of section 304-A - When intent or knowledge is the direct motivating force of the act -..........
