guilty for offences punishable under Section 302/34, 201 of
the Indian Panel Code and Section 3 of TADA.
2. Briefly stated the prosecution case ... murders with the aid
of Section 34 of the Indian Panel Code. There is no evidence
on the record to show that the appellant
IPC read with Section 34 IPC. His conviction and sentences passed by the trial judge under Section 326 , Section 324 and 323 IPC ... convicted co-accused for offences under Sections 148 and 149 of Indian Panel Code (For short I.P.C .).
44. The High Court in acquitting
each having been charged under Section 302 read
with Section 34 Indian Panel Code, were acquitted, it must
be assumed that the two acquitted persons ... beyond
doubt before he is singly and separately convicted under
Section 302 Indian Penal Code simpiiciter.
Our attention was also invited to Sohan
offence under Section 302
read with Section 34 of the Indian Panel Code and sentencing
each of them to undergo imprisonment for life.
The prosecution ... under Section 307 read with Section 34 of
the Indian Panel Code. Kailash one of the accused was shown
absconding. Before the trial court Rajendra
appellant alone cannot be convicted under Section 302
read with Section 34 I.P.C., in the absence of evidence that
he caused ... common intention and conviction under Section 302
read with Section 34 Indian Panel Code even though the other
accused stand acquitted and even though there
SUPREME COURT 1037, ILR 1965 MAD L H J (CRI) 51, 1965 ALL CRI R 268, 1965 (1) SCWR 267, 1965 MPLJ ... basis of having common intention with former--Conviction
whether justified-Indian Panel Code, 1860 (Act 45 of 1860),
s. 34.
HEADNOTE:
R shot
Indian Panel
Code, otherwise they will be treated as simple injuries.
Clauses 7 and 8 of s. 320 I.P.C. provide that an injury
period which is a very relevant conduct under Section 8 of the Indian Evidence Act.
On the basis of verbose and prolix discussions made above ... finding of conviction recorded for the offence punishable under Section 302 Indian Panel Code, therefore, the conviction recorded by the trial Court against the accused
offence under section 302 read with Section 34 of the Indian Panel Code as also under section 201 read with Section 34 of Indian Penal
have involved himself in an offence under Section 307 of the Indian Panel Code. It was not an offence involving cheating or misappropriation which would ... Indian Penal Code decided on 15.11.1999, (2) No. 326/98 under Sections 294/325/506B Indian Panel Code decided
