Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Of less than five members - There can be unlawful assembly of less than five members if there is material to come to the conclusion that apart from those named accused there were also others who were unnamed but who were members of such assembly and shared the common object of that unlawful assembly...........
Indian Penal Code, 1860, Section 302, 149, 34 -- Non applicability of S.149 is not a bar in convicting the accused u/s 302 read with S.34 IPC if evidence discloses commission of an offence in furtherance of common intention of such accused...........
Indian Penal Code, 1860, Section 34 -- Common intention - To attract the provision two facts have to be established (1) common intention (2) participation of the accused in commission of the offence - If the above two ingredients are satisfied even overt act on the part of some of the persons sharing in the common intention is not necessary...........
Indian Penal Code, 1860, Section 324, 34, 326, 302 -- Assault by A1 to A4 - None of the accused used any deadly weapon carried by them on any vital part of body - Injury No.4 which proved to be fatal was caused by fall caused by A1 who kicked deceased after the fall - A2 to A4 used iron rods and oars to hit deceased and not cause his death - High Court was wrong in..........
