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1 - 9 of 9 (0.20 seconds)Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Idrish Bhai Daudbhai vs State Of Gujarat on 31 January, 2005
Another judgment in the case
of "Idrish Bhai Daudbhai vs State of Gujarat", 2005 (1) JCC 447 was
also cited in which case despite the fact that one of the accused was
attributed the role of exhortation it was not accepted by the Apex Court
that he shared common intention with the actual assailant to kill the
victim of the assault.
Suresh And Anr vs State Of U.P on 2 March, 2001
Reliance in support of this submission was placed on one
judgment of the Supreme Court in "Suresh vs State of U.P.", AIR 2001
Supreme Court 1344 in which it was held that merely because one of
the accused was present at the scene of incident he could not be
convicted with the aid of Section 34 IPC.
L.L. Kale vs State Of Maharashtra & Ors on 30 November, 1999
In support of the submission that there being a material
deviation from the FIR version and the version before the Court
regarding the involvement of these two accused their involvement
becomes doubtful learned counsel placed reliance on a judgment of the
Supreme Court in " L.L.Kale vs State of Maharashtra", 2000(1) Recent
Criminal Reports(Crl.) 299. It was also contended that just because
these two accused were in the company of Sanjay Goel it could not be
said that they had shared with him common intention to stab PW-4
Rajesh.
Section 324 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
In
support of this submission Mr.Andley cited one judgment of this Court
in " Ashok Kumar vs State", 1994 JCC 522. Learned counsel appearing
on behalf of appellants Prakash and Kamal @ Kashmiri had contended
that the case as per the FIR was totally different from what had been
projected by the injured Rajesh(PW-4) at the time of his evidence
inasmuch as in his complaint to the police had not assigned any role to
CRL.A. 125, 131 & 133/2004 Page 4 of 10
any of these two convicted accused while in his examination before
the Court he had claimed that they had caught hold of him and Sanjay
had stabbed him and thus he had clearly made a material improvement
while deposing in Court and that improvement made him totally
unreliable witness despite the fact that he was an injured witness and
consequently the conviction of these two accused-appellants deserved
to be set aside.
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