Indian Penal Code, 1860, Section 304B -- Section 113-B - Dowry death - `Soon before death ` - Scope and Ambit - Soon before would depend upon circumstances of each case and no strait jacket formula can be laid - No period can be fixed to define the expression - It would normally imply that the interval should not be much between the concerned cruelty or harassment and..........
Dowry Prohibition Act, 1961, Section 2, 3, 4, Indian Penal Code, 1860, Section 304B, 498A -- Dowry - Agreement - Plea that there must be an agreement for dowry - Not necessary to have an agreement - Definition of dowry to be interpreted with other provisions including Section 3 of 1961 Act...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Conditions laid under section 437 (1) are sine qua non for granting bail even under S.439...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Presence - Mere presence in an unlawful assembly cannot render a person liable unless there is common object and that object is one of those set out in section 141...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common Object - If common object is not proved person cannot be convicted with the aid of section 149...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Formation - Can be formed at any stage by all or a few members of assembly and other members may just join or adopt - Once formed it need not continue to be the same - Effect of section 149 may be different on different members of the same assembly - It can develop during the course of incident at..........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Common intention - Are different from each other - Distinction - Common object does not require a prior concert and a common meeting of minds before the attack - If five or more person with same object in view act as an assembly to achieve that object would attract section 149...........
Indian Penal Code, 1860, Section 34 -- Ingredients - Common intention in the sense of a pre arranged plan between the two and person sought to be so held liable had participated in some manner in the act constituting the offence - Unless common intention and participation are both present section 34 cannot apply - Actual presence at the scene of incident not necessary in..........
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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Limitations imposed under section 37 (1) (b) - Scope - Limitations on granting Bail u/s 37 (1) (b) are in addition to the limitation under Criminal Procedure Code, 1973...........
