S.34--Common Intention--Common intention and knowledge are two different things--Intention can be shared but knowledge is personal.; Jaspal Singh & Ors. v. State of Punjab, ; 2010(1) Law Herald (P&H) 849
S.279 and 304-A--Rash and Negligent Driving--Proof of rashness or negligence are sine qua non for proving commission of an offence under Section 304-A.; Roshan Singh v. State of Haryana, ; 2010(1) Law Herald (P&H) 875
S.302/34--Evidence Act, 1872, S.32--Murder--Dying declaration--Evidentiary value of--Death by burning--Deceased and accused (husband) married in the year 1990--No previous allegation of being harassed or treated with cruelty by accused or members of his family--Statement made by deceased inculpating accused after having been tutored, prompted and instigated by members of her family from parents side who were present there--In such circumstances, dying declaration can not constitute sole basis for recording conviction of accused in absence of any other reliable and trustworthy corroborative evidence--Accused acquitted giving benefit of doubt.; Satpal Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) (DB) 845
S.304, Part I, r/w 34--Indian Penal Code, 1860, S. 323--Culpable homicide--Sudden fight--Fight had take place regarding possession over land left by river--Occurrence was result of without any pre-mediation on spur of moment--Finding of trial court that two appellants shared common intention and knowledge with other accused who gave fatal blow to deceased liable to set aside--Common intention and knowledge are two different things--Intention can be shared but knowledge is personal--Conviction of appellant under Section 304 Part I r/w 34 set aside--They are held liable for their individual act which fall under S.323.; Jaspal Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 849
S.304, Part I--Culpable homicide--Conviction--Sentence--Reduction of--Occurrence took place on 23.4.1994--Appellant already suffered protracted trial of about 16 years--Appellant had suffered 11 injuries on his hand and is suffering from disability on his hand--Taking into consideration protracted trial and mitigating circumstances sentence of appellant reduced from 10 years to 6 years R.I.; Jaspal Singh & Ors. v. State of Punjab, ; 2010(1) Law Herald (P&H) 849
S.304, Part II and 323--Culpable Homicide--Acquittal--Hurt--Testimony of eyewitnesses and complainant surfaced that accused was empty handed--Accused and deceased had grappled with each other--Accused had given fist blows and deceased had died--No external mark of injury--All vital organs of body found health--Though alcohol was present in blood it can be given as cause of death--Possibility of death being natural death cannot be ruled out--Once prosecution failed to prove that death of deceased was homicide, accused cannot be convicted for culpable homicide not amounting to murder--Accused acquitted of offence under Section 304-Part II--However, accused had caused fist blows, offence under Section 323 made out--Accused sentenced to 1 year R.I.; Swinder Singh v. State of Punjab, ; 2010(1) Law Herald (P&H) 814
S.304-A and 337--Rash and Negligent Driving--Acquittal--Neither investigating officer examined nor any site plan of place of occurrence proved by examining draftsman--No evidence that accused were driving vehicle in rash and negligent manner--Prosecution failed to prove identity of driver--Accused acquitted. ; Balbir Singh v. State of Punjab, ; 2010(1) Law Herald (P&H) 819
S.304-A--Rash and Negligent Driving--Four wheeler was coming on road on its correct side and turned towards right side to go to village--Scooter driven by deceased struck four wheeler on conductor side in cabin--It means four wheeler had almost taken turn and scooteris struck against left side of four wheeler--Solitary testimony of eyewitness uncorroborated qua negligence of accused--Moreover delay in lodging FIR further contributes to concoction in prosecution version--Material improvement in statement of eyewitness regarding identification of accused--Identification of accused never conducted by police--Both Courts could not make proper observations with regard to negligence of accused--No sufficient evidence found to make sure if accused was driving vehicle at time of accident benefit would go to accused--Accused acquitted.; Roshan Singh v. State of Haryana, ; 2010(1) Law Herald (P&H) 875
S.306--Dowry Death--Abetment to Suicide--Death by hanging--Both complainant and accused were not belonging to affluent section of society--Demand of dowry first time made on 6.7.1996--Date of marriage was 21.6.1992--Relationship of accused husband with other women before marriage was cause of discord--Deceased would not accept the fact that his husband was having relations with any woman before marriage--It can be safely inferred that there is reason which prompted deceased to commit suicide--Once demand of dowry is ruled out offence under Section 304-A not made out--Death had taken place with in 7 years--Husband could not make his wife adjust and understand that life before marriage is not going to make difference and he had buried his past--Section 113-A of Evidence Act cause presumption that deceased was subjected to cruelty--Therefore, offence under Section 306 IPC alone made out against husband--Conviction of husband for offence under Section 304-B set aside--However, husband found guilty of offence under Section 306 IPC and sentenced to 5 years R.I.; Mohinder Singh & Ors. v. State of Punjab, ; 2010(1) Law Herald (P&H) 863
S.307 r/w S.34--Attempt to murder--Delay in FIR--Acquittal--Occurrence had taken place on 10.5.1994 at 11.30 P.M.--Case registered at 6.05 P.M. on 11.5.1994--FIR recorded after 18 hours of incident--As per FIR one arm of injured was caught hold by appellant and other arm by his son who was acquitted giving benefit of doubt--Other son of appellant who caused injury died against whom substantive charge for offence under Section 307 was framed--Appellant caused no injury in occurrence--He was only stated to have raised lalkara--Taking delay into consideration and fact that witness improved their version in Court benefit of doubt is granted to appellant--Appellant acquitted.; Kartar Singh v. State of Punjab, ; 2010(1) Law Herald (P&H) 855
S.323--Indian Penal Code, 1860, S. 304, Part I, r/w 34--Culpable homicide--Sudden fight--Fight had take place regarding possession over land left by river--Occurrence was result of without any pre-mediation on spur of moment--Finding of trial court that two appellants shared common intention and knowledge with other accused who gave fatal blow to deceased liable to set aside--Common intention and knowledge are two different things--Intention can be shared but knowledge is personal--Conviction of appellant under Section 304 Part I r/w 34 set aside--They are held liable for their individual act which fall under Section 323.; Jaspal Singh & Ors. v. State of Punjab, ; 2010(1) Law Herald (P&H) 849
S.354 and 306--Abetment to Suicide--Outrage modesty of a woman--Conviction--Wife of complainant committed suicide by consuming poison due to attempt made by accused to outrage her modesty--Accused and complainant (husband of deceased) and PW-4 are collaterals--Taking benefit of fact that complainant had gone to mourn death of mother of another collateral accused went to their house and outrage modesty of deceased--Relations between parties were cordial--Complainant disclosed the incident to PW-4 next door neighbourer next morning--Complainant did not told any thing to anybody on next day on cremation--When he returned from cremation his wife had consumed poison--Contention that complainant did not gave information immediately to anybody cannot be used to brush aside his testimony--Conduct of complainant natural, probable and convicting--Conviction upheld--However, taking into consideration that accused suffered mental pain and agony of protracted trial for 13 years sentence awarded reduced from 4 years to 3 year R.I.; Sukhdev Singh alias Sewa v. State of Punjab, ; 2010(1) Law Herald (P&H) 867
S.406, 498-A & 506--Criminal Procedure Code, 1973, S.482--Quashing of FIR--Compromise--Allegations in FIR arising out of matrimonial dispute which is purely personal in nature--Matter compromised amicable between parties--Parties happily staying together in separate rented house--FIR under Section 406, 498-A and 506 quashed in interest of justice--2007(3) LAW HERALD (P&H) (FB) 2225 relied.; Sunil Kumar Joshi & Anr. v. State of Punjab & Anr., ; 2010(1) Law Herald (P&H) 841
S.420, 406, 323, 506--Criminal Procedure Code, 1973, S.156(3)--Cheating--FIR--Cancellation Report--Complaint--Order was placed for purchase of chemicals and solvents from accused--Complainant paid a sum of Rs.4,00,000/- to respondent no.4 and he in turn signed a demand promissory note by way of security confirmation and acknowledgment of liability and repayment guarantee--Dispute is civil in nature--Merely because material was not supplied per se would not indicate commission of offence of cheating or criminal breach of trust--Complaint dismissed.; J.C. Khanna v. State of Haryana & Ors., ; 2010(1) Law Herald (P&H) 840
S.498-A, 406 and 506--Criminal Procedure Code, 1973, S.482--Quashing of FIR--Demand of dowry--Marriage of complainant was solemnized 3-4 years before lodging FIR--Complainant has a daughter aged 2 years--FIR recites that complainant has been living in her parental home and accused have not accepted her in matrimonial home since birth of daughter--FIR does not disclose entrustment of property to either of petitioners specifically or dishonest misappropriation of the property--No specific allegations made in regard to commission of offence under Section 498-A IPC--Cognizance of commission of offence is not spelt out from FIR or from averments made in reply filed on behalf of investigating agency as against petitioners--FIR qua petitioners quashed.; Mohinder Kaur & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 805
