Indian Penal Code, 1860, Section 34 -- Common intention - Can be conceived immediately or at the time of offence and can be gathered from the circumstances that are brought on record by prosecution - Applicability of S.34 IPC is a question of fact and is to be ascertained from the evidence brought on record...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Carrying of weapons, arrival at a particular place and at the same time, entering into shed and murder of deceased definitely attract the constructive liability u/s 34 IPC - Absence of any injury caused by a lathi cannot be governing factor to rule out S.34 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two witnesses - Does not affect prosecution version and creates any doubt in the mind of Court, particularly when witnesses examined by prosecution are trustworthy and Court can safely rely on their testimony - No adverse inference therefore, can be drawn against prosecution...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased died due to gu, shot injury - Contention that accused `M' was carrying lathi, thus he had no role to play in the occurrence, rejected, as accused `M' had gone with other accused, who were carrying pistols and ballam with intention to kill deceased who were studying in the shed - Common..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Indian Penal Code, 1860, Section 420 -- Cheating - Distinction between mere breach of contract and offence of cheating - It depends on intention of accused at the very inception which may be judged by his subsequent conduct - However, subsequent conduct may not be the sole test...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep promise at the subsequent stage may not be an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420 -- Cheating - Complainant has to allege that accused had an intention to cheat him from the very inception...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Indian Penal Code, 1860, Section 307, 452, 324 -- Attempt to murder - House trespass - Accused allegedly entered in the bedroom of PW4 with a knife to commit an offence and thereafter attempted to kill PW4 and in that process assaulted PW3 - Blood stained knife recovered from the spot of incident - Forensic evidence supports evidence of injured witnesses - Intention of..........
