Indian Penal Code, 1860, Section 302, 149 -- Appellants armed with deadly weapons assaulted deceased at a tea stall - Wife of deceased, tea stall owner and a customer were eye witnesses - Tea stall owner and customer turned hostile - Conviction based on testimony of wife - Deceased was convicted for murder of brother of A3 to A5 and was on bail - Two aspects admitted by..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Forming unlawful assembly and causing murder - Incident seen by wife and son of deceased - Son turning hostile - Evidence of wife believed - It cannot be said that she was not at the site of incident - Her statement to police after two days and later evidence corroborated by medical evidence - Order of conviction..........
Indian Penal Code, 1860, Section 302, 149, 147, 323 -- One of the accused committed murder of a passerby who was not the member of prosecution party - For that individual act of co-accused other accused cannot be convicted with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 147, 148, 307, 149 -- Unlawful assembly - Assault with swords - Conviction by trial Court, upheld by High Court - Plea that there was no proper identification of the accused persons - Injured did not mention the names in injury report but stated them in his dying declaration on the same date of incident - Injured saved due to good treatment..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Acquittal of co-accused - Contention that benefit of doubt should be given on that count - Held, not tenable...........
Indian Penal Code, 1860, Section 302, 149, 148 -- S.149 is applicable for fastening the constructive liability which is sine qua non for its operation - Distinction between common object and common intention explained - No overt act is required to be proved against an accused who is alleged to be a member of an unlawful assembly with a common object and was likely to..........
Indian Penal Code, 1860, Section 149 -- Vicarious liability of the members of unlawful assembly arises where the offence is committed by another member or members of unlawful assembly if the commission of such offence is the common object of that assembly or if the members of the unlawful assembly knew that the offence of the nature committed was likely to be committed..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Conviction u/s 302 read with S.34 - No specific charge framed u/s 34 - But facts giving rise to constructive liability well known to both the accused and the case which they have to meet under S.34 is substantially the same as the prosecution put forward - Held, no prejudice is caused to accused in the circumstances...........
Indian Penal Code, 1860, Section 302, 149, 147, 323 -- Large number of persons armed with sticks or pelted stones chasing one `Vithal' to teach him a lesson - `Vithal' was with his brother - `Vithal' dying and his brother injured - Held, object was to cause hurt or grievous hurt and not to commit murder...........
Indian Penal Code, 1860, Section 148, 149, 304 Part II, 325 -- Appeal against conviction - Injuries by blunt object - Most of injuries simple - No grievous injury on vital part - Grievous injury only on legs or forearms - Death after 7 days - Conviction u/s 304 Part II not justified - PWs.2, 3 and 14 turning hostile - PWs 6 and 7 not present on spot but made as..........
