Indian Penal Code, 1860, Section 34 -- Common intention - Furtherance - Means advancement or promotion...........
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...........
Indian Penal Code, 1860, Section 375, 376, 511 -- Rape - Sine qua non of the offence of rape is penetration and not ejaculation - Ejaculation without penetration amounts to attempt to rape...........
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 149, 302 -- Common Object - Unlawful Assembly - Expression 'in prosecution of common object' - Scope and Ambit - Must be strictly construed as equivalent to 'in order to attain the common object' - Must be immediately connected with the common object by virtue of the nature of the object...........
Indian Penal Code, 1860, Section 149, 302 -- Common Object - Definite roles - Not necessary to attribute specific acts to each accused - Conviction to follow if accused is proved to be part of unlawful assembly...........
Indian Penal Code, 1860, Section 149, 302 -- Common Object - Evidence - Proof - Direct evidence not available as it is entertained in human mind - Common object of unlawful assembly can be gathered from the nature of the assembly arms used by them and the behaviour of the assembly at or before the scene of occurrence - Has to be deduced from facts and circumstances of each..........
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..........
