IPC

Section 201

• Offence has been committed
• Accused knew or had reason to believe
• Caused evidence to dissappear / gave any information relating to offence which he knew or believed to be false
• With intention to screen the offender
• Vijaya v. State of Maharashtra - primary and sile object to screen the offender

304A/ 304/299

• Culpable homicide
• death of human being
• physical conduct of person( died by means alleged by prosecution)
• mental attitude towards consequences ( accused intentionally took that part in causing death.

304A / 299

• 304A
• no intention to cause death
• No knowledge that in all probability will cause death
• Mutually exclusive
• Rash or negligent acts only directly cause of death
• Rash - over hasty act and not a deliberate act done w/o due care and caution
• Test of reasonable man - care and circumspection a prudent man would consider sufficient in similar circumstances
• Depends on facts and circumstances
• S. N Hussain v. State of A.P. (1972 SC)
• Cherubin gregory v. State of Bihar ( 1964 SC)
• Jacob Matthew v. State of Punjab ( 2005 SC) , 3 Jb, R. C. Lahoti C. J. - Recklessness is the mens rea of 304A

Breach of trust / criminal misappropriation

• How property recieved- Lawfully entrusted vs casualty or otherwise
• Contractual relationship vs no contractual relationship
• Conversion of property - held in fiduciary character vs coming into possession somehow
• BoT includes CMoP but not converse
• Lawfully acquire or with consent off owner vs innocently acquired
• Subsequent dishonest misappropriation or wilfully suffers vs subsequent change of intention so retention becomes wrongful

State of maharashtra v kashirao

• Common object - not necessary overt act done
• Mere presence os sufficient along with knowledge of common object
• No prior meeting of minds or concert is required. Each member with same object could join and form unlawful assembly
• Formed by express agreement not necessary
• Formed at any stage by all or some Myers and others could join and adopt it.
• Composition need. Not continue to be same may be altered, modified or abandoned
• Ascertained from facts, circumstances and conduct of parties before, at and thereafter, motive