SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Seven gun shot injuries - Death after 35 days due to septicemia - Injuries sufficient to cause death in the ordinary course - Held, offence undoubtedly falls within the ambit of S.302 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 307, 302, 148, 149-- Accused allegedly caused death of two persons and injuries to others by firing on them and assaulting them with deadly weapons - Gun shot injuries tallied with medical evidence - Reliable eye witnesses stated that there was previous enmity between accused and complainant and litigation was going..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 143, 147, 148, 307, 323, 324, 449, 427, 207, 119-- Common object - Accused person 17 in number, armed with sword, choppers, knife and iron rods allegedly caused death of deceased and injuries to others by assaulting - Deceased received as many as 34 injuries - One of the accused, on seeing injured, exhorted other accused, 'Chase him, Chase him'..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- For 'common object', it is not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment - It is enough if it is adopted by all the members and is shared by all of them - In order that the case..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202, 204, 482, Indian Penal Code, 1860, Section 498A-- Summoning order - Detailed reasons not required to be given - Process can be issued if Court is satisfied that there is sufficient ground for proceeding against the accused...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial..........
DELHI HIGH COURT
Year of decision: 2011
Details
Constitution of India, 1950, Article 19(a) & 226, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 468 and 471-- Arrest of a MP on serious charges of corruption - Loss to State to tune of Rs.95 crores alleged - Bail rejected - Accused MP filed petition under Art.226 of Constitution to attend Parliamentary proceedings - Held, when custody of petitioner is valid and allegations are of great magnitude it would..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- Offence committed by unlawful assembly in prosecution of common object - It is not necessary for prosecution to prove actual role played by each and every member of the unlawful assembly - Each member is guilty of offence committed in prosecution of common object...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 147, 148-- Unlawful assembly - Not armed with deadly weapon at the time of commission of offence - Liable to be punished u/s 147 IPC - Member armed with deadly weapon or anything which used as a weapon of offence, is likely to cause death - Liable to be punished u/s 148 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302,304-- part I, 34 - Murder - Injuries on person of accused - Non explanation thereof - Prosecution witness did not utter a single word as to how accused suffered injuries - Injuries on person of accused not explained - Held, defence can legitimately raise a suspicion that genesis of incident shrouded in..........