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1 - 10 of 32 (0.38 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 341 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 386 in The Code of Criminal Procedure, 1973 [Entire Act]
Abdul Sayeed vs State Of M.P on 14 September, 2010
In this regard, the Hon'ble SC in the case of Abdul Sayeed vs. State of MP; (2010) 10
SCC 259, had held as follows:-
Bhajju @ Karan Singh vs State Of M.P on 15 March, 2012
In the case of Karan Singh vs. State of Madhya Pradesh; AIR 1965 SC 1037, the view held is
that in spite of the acquittal of a person in one case it is open to the Court in another case to proceed on
the basis if the evidence warrants it that the acquitted person was guilty of the offence of which he had
been tried in the other case and to find in the latter case that the person tried in it was guilty of an
offence under Section 34 by virtue of having committed the offence along with the acquitted person
and there is nothing in principle to prevent this being done.
Prabhu Babaji Navle vs State Of Bombay on 19 September, 1955
65. We have noticed a series of decisions where the view held is that when a definite number of
known persons were alleged to have participated in the crime and all except the appellant were
acquitted, the appellant alone cannot be convicted under Section 34 IPC and he would be liable only for
the individual act of assault [vide Probhu Babaji Navle vs. State of Bombay AIR 1956 SC 51; Krishna
Govind Patil vs. State of Maharasthra; (1964) 1 SCR 678; Baul vs. State of UP, (1968) 2 SCR 450,
Maina Singh vs. State of Rajasthan, (1976) 3 SCR 651, Karnail Singh vs. State of Punjab; AIR 1977 SC
893 and Piara Singh vs. State of Punjab; (1980) 2 SCC 401].