Indian Penal Code, 1860, Section 34 -- Common intention - For a person to be convicted u/s 34 IPC, there must be an involvement of two or more persons with common intention to commit the crime - Mere presence of accused at the scene of occurrence is not sufficient...........
Indian Penal Code, 1860, Section 34 -- Common intention - Appellant remains the sole accused after the acquittal of other accused with a finding that there was nothing in the FIR or statement u/s 161 Cr.P.C to sustain the charge u/s 34 IPC against them - There could be no charge u/s 34 IPC against appellant - Appellant acquitted u/s 34 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Minor deficiencies/inconsistencies/contradictions in the evidence let in by prosecution, cannot be considered as remissness in the investigation enabling the appellant's acquittal, particularly, when appellant was present with a gun at the scene of occurrence, when gun and empty cartridge were recovered based on information..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of sentence - Appellant has undergone total sentence of 17 years 1 month and 9 days and he has good conduct during this period - He served incarceration for more than 14 years and he had no bad antecedent except this - Appellant belonged to poor economic background and had been taking care of his entire family and..........
Indian Penal Code, 1860, Section 341, 294(b) -- Offence u/ss 341, 294(b) IPC - Prosecution materials do not suggest that minor was abused in or near any public place or what is the word used to abuse him - Similarly, wrongful confinement dealt u/s 341 IPC also could not be read out from the prosecution records - Therefore, offences punishable u/ss 294(b), 341 IPC are not..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - There is allegation that petitioner beat on the cheek of minor victim and kicked him down and the same made sufferings to the child - It is also alleged that, mother of victim shared common intention with the petitioner herein in doing the said overt acts, prima facie - Offence punishable u/s 323 r/w..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
