Indian Penal Code, 1860, Section 149, 34 -- Common intention - Failure to charge the accused u/s 34, who stood charged u/s 149 IPC - Would not result in any prejudice to them - Accused could be convicted for major offence read with S.34 IPC...........
Indian Penal Code, 1860, Section 34, 149, 96 -- Free fight - Ss.34 & 149 IPC are inapplicable - Each individual is responsible for his own acts - There is no constructive or vicarious liability for the act of another...........
Indian Penal Code, 1860, Section 302, 149 -- Co-accused - Not filing appeal - Where on evaluation of the case Court reaches the conclusion that no conviction of any accused is possible, the benefit of that decision must be extended to the co-accused, similarly situated, though he has not challenged the order by way of an appeal...........
Indian Penal Code, 1860, Section 302, 149, 148, 323 -- Murder - Conviction - Appeal against - Incident occurred in midnight on roof of house of deceased - PW1 wife was the sole eye witness, sleeping on roof - Brother of deceased lodged FIR who described the availability of moon light - It had rained in first half of night - Possibility that it was cloudy was strong and it..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object stated was to apprehend one Nawlesh Singh - Accused persons at dead of night, armed with deadly weapons including the guns used petrol bombs - Proves that in prosecution of the alleged initial common object murders were likely to be committed - Knowledge of the consequential action in furtherance of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 368, 376, 120B, 148, 149 -- Abduction and rape case - Evidence showing that prosecutrix was roaming about with one of accused earlier to abduction - Prosecutrix aged 23/24 years - Two accused already granted bail - Bail allowed...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Does not require prior concert or meeting of minds before the attack - When the persons forming the assembly are shown to be having identical interest in pursuance of which some of them come armed, others though not armed would, under the normal circumstances, be deemed to be the members of the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Liability of other members - Rests upon the fact whether other members knew before hand that the offence actually committed was likely to be committed in prosecution of the common object - Such knowledge may reasonably be collected from the nature of the assembly, arms or behaviour at or before the scene of action..........
Indian Penal Code, 1860, Section 149 -- In case of a sudden mutual fight between the two parties, there can be no question of invoking the aid of Section 149 for the purpose of imposing constructive criminal liability on an accused - Accused in such a case can be convicted only for the injuries caused by him by his individual acts...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Members of unlawful assembly are liable if it is shown that they knew before hand that the offence actually committed was likely to be committed in prosecution of the common object - Common object does not require prior concert and a common meeting of mind before the attack - It can develop even on spot but the..........
