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 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..........
Indian Penal Code, 1860, Section 307, 324 -- Accused firing gun shot at victim who was sleeping from a very close range - Bullet broke into pieces and pieces struck the accused - Whether accused liable under Section 324 or 307 - To attract section 307 it is not essential that bodily injury actually caused should be sufficient under ordinary circumstances to cause death -..........
Indian Penal Code, 1860, Section 80 -- Scope and Ambit - Requirement - Primordial requirement of section 80 is that the act which killed other person must have been done with proper care and caution - Care and circumspection taken by accused must be one taken by prudent and reasonable man - Where act of the accused is itself criminal in nature protection u/s 80 is not..........
Indian Penal Code, 1860, Section 304A -- Section 299 and 300 - Culpable Homicide - Section 304-A is attracted in case of death caused by rash and negligent acts and not amounting to culpable homicide u/s 299 or murder u/s 300 - Intention and knowledge to cause death absent in case of section 304-A - When intent or knowledge is the direct motivating force of the act -..........
Indian Penal Code, 1860, Section 80, 304A -- Accused picking gun, unlocked it and put the cartridges and fired from close range - Neither section 80 nor Section 304-A attracted - Accused convicted u/s 304 Part II...........
Indian Penal Code, 1860, Section 299, 300 -- Culpable Homicide and Murder - Scope and Ambit - Culpable Homicide is genus and murder is specie - All murder is culpable Homicide but not vice versa - There are three degree of Culpable Homicide - First gravest form defined as murder in section 300 - Second degree is punishable under first part of section 304 - Third is..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Presumption as to Abetment - Unlike Section 113-B a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A - Prosecution has first to establish suicide within a period of seven years of marriage and that accused had subjected her to..........
