Showing : 1-10 of 285 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Murder case - Merely because no questions were put to accused with regard to individual assault made by each of them, it cannot be said that any prejudice is caused to them, particularly when specific question was put to accused that they participated in an unlawful..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 323, 149-- Murder - Unlawful assembly - Common object - Accused undoubtedly were members of unlawful assembly and some of whom were also armed with spears and assaulted deceased - All accused surrounded deceased to prevent his escape - Initial assault was made on head of deceased with lathi by accused -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148-- Murder - Unlawful assembly - Seven accused armed with deadly weapons coming to site of incident and all of them inflicting blows on deceased - All the accused came together with a clear intent and acted upon that intent - This is not a case where common assembly proceeded to site and subsequently..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25-- Offence u/s 307 IPC - Accused `R' in furtherance of common object pointed gun at police - Accused had hatched criminal conspiracy which is duly proved by prosecution - Accused rightly convicted u/s 307 IPC - Since gun was snatched by ASI - Co-accused and accused were also in possession of arms..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 149-- Unlawful assembly - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object being one of those set out in S.141 IPC and she was actuated by that common object...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, 147-- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34-- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted - But if facts..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304(Part I), 324, 149, Explosive Substances Act, 1908, Section 3, 4, 5-- Offence u/ss 304(Part I), 324, 149 IPC - Bomb blast - Injuries sustained by accused persons were duly explained by prosecution - Pellet injuries as sustained by A-3 were as a result of explosion of bomb which was handed by A-2 - As a result of incident, two deceased died and six persons were..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - No specific role is attributed to accused `D' and `K' - Eye witnesses stated that they only inflicted fist and kick blows to deceased - Lack of any corresponding injury on person of deceased is sufficient to satisfy that accused persons roped in the case by sheer over implication because..........

Showing : 1-10 of 285 Results