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1 - 10 of 12 (0.30 seconds)The Indian Penal Code, 1860
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 341 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Ajay Sharma vs State Of Rajasthan on 15 September, 1998
19. Mr. Sudanthiram, learned counsel for the appellants would cite the decisions of the Supreme Court in CHAND VS. STATE OF U.P. (1972 Crl.L.J. 590) and MER DHANA SIDA VS. STATE OF GUJARAT (1985 SCC (CRL) 54), in order to substantiate his plea that the offence would fall under Section 304 (Part II) I.P.C. and not under Section 302 I.P.C. He would also cite a decision of the Supreme Court in AYAY SHARMA VS. STATE OF RAJASTHAN (1999 SCC (Crl) 74) to show that the person who caught hold of the deceased while the other accused attacked the deceased, would be convicted for the lesser offence and not under Section 302 I.P.C. The above said decisions, in our view, would not be applicable to the present facts of the case.
Nandu Rastogi @ Nandji Rastogi & Another vs State Of Bihar on 1 October, 2002
23. As a matter of fact, the Supreme Court in NANDU RASTOGI @ NANDJI RASTOGI AND ANOTHERS VS. STATE OF BIHAR (2002 (7) SUPREME 73), as pointed out by learned Additional Public Prosecutor, would hold that the existence of a common intention of the persons involved in the incident, is a question of fact in each case, to be proved mainly as a matter of inference from the circumstances of the case. The Supreme Court would further hold in the said decision that Section 34 I.P.C. recognises the principle of vicarious liability of criminal jurisprudence. It makes the person liable for action of an offence not committed by him, but by another person with whom he shared the common intention. It is a rule of evidence and does not create a substantive offence. The Section gives statutory recognition to the common-sense principle that if more than two persons intentionally do a thing jointly, it is just the same as if each of them had done it individually. Common intention can be formed previously or in the course of occurrence and on the spur of the moment.