Indian Penal Code, 1860, Section 147, 148, 149, 302, 307, 324, 328, 452, 34 -- Murder of three and injuries to other members of same family by mob of 60 - Conviction of 13 and acquittal of 47 - Appellant acquitted by trial Court but convicted by High Court - Appellant was seen prominently in the mob trespassing into house of Mohan - He and others challenged the deceased..........
Indian Penal Code, 1860, Section 148, 149, 302 -- Common intention - Accused party came with lethal Weapons - Second party of accused rushed with fire arms to place of occurrence on hearing commotion - Second party shot dead the deceased with revolver - First party cannot be said to have shared common intention...........
Indian Penal Code, 1860, Section 148, 149 -- Common intention is a state of mind of an accused which can be inferred objectively from his conduct displayed in the course of commission of crime as also prior and subsequent attendant, circumstances - Mere participation in the crime with others is not sufficient to attribute common intention to one or others involved in the..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Three out of five acquitted - Others could not be convicted u/s 302 with aid of S.149 as number of accused persons became less than five...........
Indian Penal Code, 1860, Section 302, 148, 149, 304 Part II -- Unlawful assembly of 8 persons - Attack with deadly weapons - Deceased suffering several injuries - Appellants, armed with knives causing only one fatal injury each - Conviction u/s 302/148 IPC - Conviction cannot be altered to S.304 Part II - However, conviction altered under S.302/148 to 302/149 IPC but..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Appellants armed with rifle, DBBL guns and SBBL guns fired from their weapons wherein deceased brother of informant died and another person sustained injuries - Conviction - Appeal against - Great deal of doubt that incident had occurred at the place and in the manner alleged by prosecution - Accused were six in number..........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Demand of scooter, colour T.V. and VCR - This fact not disclosed in a subsequent petition filed u/s 125 Cr.P.C. - Held, in absence of plausible explanation an inference can be drawn that since there was no demand of dowry items like colour T.V...........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Place of occurrence - Alleged to be at Khatauli - However in a subsequent petition filed for reimbursement of price of gift items place of occurrence mentioned to be at Delhi - This clearly blasts the prosecution theory...........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Two letters showing that there were some other issues as bone of contention between wife and husband as well as his family - Dowry was manufactured - Husband and in-laws had suspicion upon chaste character of wife - Wife accused of being a bad..........
Indian Penal Code, 1860, Section 149, 302 -- Murder - Common intention - Deceased caught the accused while committing theft of standing crop - Co-accused attacked the victim in order to secure release of accused - Not a case of pre-mediated murder - Common intention cannot be attributed to attract S.149 IPC - Accused to be convicted after adjudging guilt of each accused..........
