Indian Penal Code, 1860, Section 149, 302 -- Unlawful assembly - Common intention - Murder by four persons and others remained present with guns - Common intention attributed to all - Their actions preceding and succeeding the assault indicate the existence of a common intention to do an act as stipulated in S.149 IPC - Section 149 IPC applies...........
Indian Penal Code, 1860, Section 149, 141 -- Common object is different from common intention - Common object does not require a prior concert and a common meeting of minds before the attack - It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object - 'Common object' of an assembly is to be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Though no hard and fast rule can be laid down under the circumstances from which the common object can be culled out, it may reasonably be collected from the nature of the assembly, arms it carries and behaviour at or before or after the scene of incident...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Unlawful assembly - Common object - Animosity between parties over ancestral property - Appellants holding weapons came down from house of accused `K' and came to the temple where deceased was present - `K' while exhorting others to liquidate the deceased dealt blows with a hard and blunt substance on his head -..........
Indian Penal Code, 1860, Section 149 -- Common object - Mere presence in unlawful assembly cannot render a person liable unless there was a common object and he is actuated by that - Object has to be common to persons who compose the assembly - Distinction between common object and common intention - Common object of an assembly is to be ascertained from the acts and..........
Indian Penal Code, 1860, Section 302, 149 -- Deceased assaulted by accused armed with iron rod, motor cycle chain etc. - Brother of deceased was eye witness and other three witnesses arrived on spot soon after incident - Deceased stated to the witnesses that appellants had assaulted him - Evidence was cogent and credible - Plea of alibi by appellant No.1 found not proved -..........
Indian Penal Code, 1860, Section 149 -- Applicability of the provision requires deep scrutiny and detailed and specific proof for holding that the accused persons were members of an unlawful assembly with a common object with particular reference to the part played by each of the accused persons who constituted the unlawful assembly...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Delay of one day in recording the statement of alleged eye witness - Not safe to rely upon without corroboration - Witness stated that he saw the incident while going on a scooter, ran away and took refuge in a house - Accused came, dragged him out - Statement recorded on next day but he did not mention that he saw the..........
Indian Penal Code, 1860, Section 149, 301 -- PW1 was intended victim - All accused chased and assaulted deceased - It was a case of transfer malice - Accused are liable to be convicted u/s 302/149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Mere presence of accused in unlawful assembly cannot render a person liable unless there was a common object and he was actuated by common object - Member of assembly should be aware of object and concur in it - For determining common object, conduct of each member of assembly before and at the..........
