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Sita Raut And Ors. vs State Of Bihar And Anr. on 10 September, 1999

In this connection, my attention has also been drawn to the case of Tondi and Ors. v. The State of U.P. 1975 Cr. L.J. 950. In this case it has been held that to establish a charge of abduction in order to murder under Section 364 of the Indian Penal Code when the case is one of abduction by deceitful means, the prosecution has to prove firstly that there was misrepresentation and secondly, that particular misrepresentation was under a plan to murder and thirdly that it was the plan by which the abducted person was himself deceived and was induced to go. Where there is no evidence to indicate that the alleged misrepresentation was the result of a plan to murder the deceased, the accused cannot be held guilty under Section 364 of the Indian Penal Code.
Patna High Court Cites 14 - Cited by 0 - Full Document

Kamal Singh vs State Of Punjab on 22 February, 2010

Counsel for the appellant has further submitted that the draft of Rs.31000/- was not encashed and to say that for Rs.10000/-, the present appellant had abducted Karanvir Singh is not probable. It has come in evidence that the appellant along with Raj Kumar co-accused used to frequently visit the house of Karanvir Singh. They were on friendly terms. Karanvir Singh had left the house along with the present appellant and Raj Kumar co-accused. Learned counsel has further submitted that possibility cannot be ruled out that from Mukerian, Karanvir Singh left alone. There can be many possibilities. There is no evidence with the prosecution that when the accused came to the house of Karanvir Singh, he had any intention to abduct Karanvir Singh for committing his murder. Further reliance has been placed upon 'Tondi and others v. The State of U.P.' 1975-(081)-CRLJ-0950-ALL, wherein a Single Judge of Allahabad High Court observed as under:
Punjab-Haryana High Court Cites 11 - Cited by 3 - K S Ahluwalia - Full Document
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