Indian Penal Code, 1860, Section 34 -- Common intention - Common intention does not mean that co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence - It can be formed a minute before the actual happening of incidence or even during the occurrence of incidence...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Specific Relief Act, 1963, Section 31, 34 -- Suit for cancellation of sale deed - Where suit is filed by executants for annulment/cancellation of registered instrument, such suits are governed by S.31 of the Act - However, if a non-executant wishes to claim that instrument is bad due to any other reason, then he is required to file a suit for grant of a decree of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice - In such a suit, burden of proof rests on the shoulders of plaintiff to reasonably establish the probability of better title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Last seen theory - PW2/wife of deceased stated that deceased and accused went together for consuming liquor but deceased did not return - She stated that she also went in search of her husband along with one accused who came sometime thereafter - However, version of PW2 is not..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Recovery of tangia/axe - Recovery effected at the instance of accused is per se not admissible, as same was made in police station - PW8 not supported the recovery of weapon of offence at the instance of accused - Evidence of I.O. and PW5 regarding recovery is inconsistent - Recovery..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
