Indian Penal Code, 1860, Section 302, 149 -- Murder - Conviction based on dying declaration of deceased to PW1 to PW3 and their evidence coupled with medical evidence and other surrounding circumstances convincingly proved that the dying declaration given by the deceased must have been true - Two Court accepted that evidence and did not find any infirmity or miscarriage of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Conviction with the help of Ss.34 & 149 - There were 50 persons - No common intention established - No charge u/s 149 - Common intention is different than common object - Total absence of evidence both in respect of S.34 as well as S.149 IPC - Not possible to confirm their conviction...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Members of an unlawful assembly are vicariously liable where it is proved that the offence is committed in pursuance of the common object of the unlawful assembly which the members of the unlawful assembly knew that such offence was likely to be committed in prosecution of the object of the unlawful assembly...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If it had common object it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act for the purposes of incurring the vicarious liability for the offence committed by a member of such unlawful assembly...........
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...........
Indian Penal Code, 1860, Section 149 -- Common object - Has to be distinguished from the common intention - There is no question of common intention in S.149 of the Code - When no injury is inflicted pursuant to the common object to kill the deceased, but caused only when provoked by one of the witnesses, the members of the unlawful assembly cannot be held guilty for the..........
Indian Penal Code, 1860, Section 307, 149, 333, 149, 452, 149, 427, 149, 148 -- Conviction - Procession by mob in protest against the death of a person of weaker Section of society in police custody - A part of procession attacked a bye stander who ran towards the police van and members of the police party then ran in that direction to rescue that man - At that stage some..........
Indian Penal Code, 1860, Section 307, 149, 333, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - A part of procession attacked a byestander who ran towards the police van and members of the police party then ran in that..........
Indian Penal Code, 1860, Section 307, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - Damage to the shops of seven persons who appeared as witnesses - None of the witnesses identified the appellants as the persons who had..........
Indian Penal Code, 1860, Section 148, 149, 99 -- Unlawful assembly - So long as an assembly of persons is acting in exercise of the right of private defence it cannot be an unlawful assembly...........
