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Penal Code ,1860

Penal Code, 1860 — Ss. 302/34 or Ss. 120-B/302

ByAdvocate Raji Nathani

In this case, accused was not shown to share common intention to murder nor was a party to conspiracy to murder. Neither was involvement in any conspiracy to murder proved against appellant herein Accused 2, nor could it be established that he shared common intention to murder. (Para 6 to 9). Hence, conviction of Accused 2 under Ss. 302/34 was quashed.

[Mukesh v. State of M.P., (2022) 3 SCC 241]

Related posts:

  1. Death due to gunshot injury and injuries by knife /sharp weapon and the same is supported by medical evidence. Conviction of three accused persons under Ss. 302/34
  2. Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted
  3. Penal Code, 1860 — Ss. 302/34 — Identification of accused when assailants are not known to the eyewitnesses who witnessed the incident/assault
  4. Penal Code, 1860 — Ss. 299 and 300 — Whether culpable homicide tantamounts to murder or not: S. 300 Exception – when applicable

By Advocate Raji Nathani

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