Digest Of Supreme Court Cases

In this case of assault by unlawful assembly resulting in death of deceased, there was defective framing of charge by not specifically charging respondent-accused herein under S. 149 IPC. It was held that ingredients for offence under S. 302 r/w S. 149 and S. 148 IPC were specifically brought to notice of accused. Considering S

Common intention contemplated by S. 34 IPC pre-supposes prior concert. It requires meeting of minds. It requires a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In the present case, the

In the present case, alleged abductee (17 years old at the time she left her parental home) had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will. Hence, held, ingredients of S 363 not made out. Kidnapping, held, would necessarily involve enticing

In this case, presence of witness on spot found was doubtful and there were material contradictions between ocular testimony and medical evidence. The fact that there was only one firearm injury which had been noticed on the body of the deceased in the course of of the post mortem would belie the case of the

The courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths and must keep in mind that relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. None of

In order to attract S 307, the prosecution has to prove, “whoever does any act, with the intention or knowledge, which may cause death and in furtherance to the said intention and knowledge, he was doing an act towards it” None claimed to have seen the appellant firing at police party when the police party