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 parties which clearly emanates..........
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 -..........
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..........
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 passion, there was..........
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 by no stretch of imagination can..........
Indian Penal Code, 1860, Section 148, 149 -- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Applicability - Free and sudden fight - Accused party received seventeen injuries some were even by sharp edged weapon - Cross case registered - Complainant party was also convicted - It is a case of free fight between two groups which took place all of a sudden without common object to cause death - Thus, S.149..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Unlawful assembly - Five accused collectively came to house of deceased along with deadly weapons with common object of committing murder of deceased - Merely because gun shot fired by accused did not enter body of deceased or was misfired, accused cannot be said to be..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 34, 149 -- Common object and common intention - Distinction - Common object is different from common intention as it does not require a prior concert and common meeting of minds before the attack - Common object of an assembly is to be ascertained from the acts and language of members composing it and form a consideration of all surrounding..........
