Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Appeal against conviction - Held that there is no evidence on record to substantiate the prosecution case that the appellant was causing any harassment to the deceased - The Courts below totally overlooked this fact and had erroneously held the appellant guilty for committing the murder with the aid of Section 34 IPC -..........
Indian Penal Code, 1860, Section 302, 34 -- Appeal against conviction - Culpable homicide - An unpremeditated assault (ending in an affray in which death is caused) committed in the Heat of passion upon a sudden quarrel (it being immaterial which party offers the provocation, or commits the first assault) comes within Exception 4 appended to section 300, IPC - In the case..........
Criminal Procedure Code, 1973, Section 172, Indian Penal Code, 1860, Section 302, 34 -- Serious lapse on the part of I.O. in not observing the mandate of Section 172 Cr.P.C. but this lapse has not resulted in any prejudice to defence - Considering the testimony of eye witnesses which is consistent, the judgments of Courts below do not suffer on account of omission on the..........
Indian Penal Code, 1860, Section 34 -- For applicability of Section 34, prior consultation is not sine-qua-non - Some times people share common intention at the time of incident itself...........
Indian Penal Code, 1860, Section 302, 302, 34 -- Murder - Appeal against & Conviction - Common intention - It is not necessary that to bring the accused's action within the ambit of Section 34 of IPC, he must participate effectively in the crime. The purpose of Section 34 is to take in its ambit all the accused where the crime is committed by several persons in furtherance..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Thirteen accused - Ten accused acquitted - Conviction of three u/s 148, 302/149 - Three accused to be convicted u/s 302/34 and not 302/149 - Held, it is open to the Court to take recourse to S.34 IPC even if the said section was not specifically mentioned in the charge and instead S.149 has been included - A finding..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction by trial Court- High Court altered conviction to one u/s 325/34 IPC - Reasoning of High Court contrary to evidence of two eye witnesses - Eye witnesses evidence showing that one accused held deceased from his waist and other three accused inflicted lathi blows - They continued to assault deceased even after deceased..........
