Supreme Court of India
Daya Shankar v. State of M.P.
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From the headnote
Penal Code, 1860: c s.302 rlw s.34 - Conviction under- Applicability of s.34 challenged - Held: No overl act attributed to appellant - Mere fact that he was in company of accused who were armed not sufficient to attract s.34 - Appellant was not armed and had no animosity with deceased - Stand that he pulled the legs ._ of deceased was not established - Appellant not guilty by ~ application of s.34. s.34 - Common intention - Nature and applicability of. Prosecution case was that the deceased had eloped with the sister of -2 and performed marriage _with her. They started living in some other
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