Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Cannot wholly be liable to conviction with the aid of S.149 IPC unless the whole assembly shared the common object of doing anything in excess of the exercise of the right of private defence...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Conviction - Appreciation of evidence - Two witness theory - Conviction of 18 persons for offences u/S.302 and 302/149 on the testimony of two PWs - Accused Nos. 9, 10 and 12 identified by only one witness - Held that considering the large number of people involved, it would be prudent in the case to adopt two-witness..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Appeal against conviction - Question of law and fact - Submission made before apex court on the basis of Juvenile Justice (Care and Protection of Children) Act, 2000 - The same neither argued before the trial court that any of the accused was a juvenile nor such point has been taken in the SLP - Held that this is not a..........
Indian Penal Code, 1860, Section 147, 149, 302 -- Deceased first dragged and then thrown into well - Nothing to affect credibility of PWs 4, 8 and 10 - Delay of few hours in recording statements of witnesses no serious infirmity in prosecution case - Evidence of these witnesses wholly reliable - Accused not explaining incriminating circumstances but totally denying from..........
Indian Penal Code, 1860, Section 302, 302, 149, 201 -- Accused took away the deceased - Dead body not found - Not necessary for a conviction for murder that the corpus delicti be found - In the absence of corpus delicti there must be direct or circumstantial evidence leading to the inescapable conclusion that the person has died and that the accused are the persons who had..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Thirteen accused convicted - Two injuries, one caused by sharp edged weapon and other caused by hard and blunt weapon like lathi were found enough in ordinary nature to cause death - All other injuries even collectively were not enough to cause death - None of the injuries was on the vital part of body - No evidence as to..........
Indian Penal Code, 1860, Section 302, 149 -- Lathi blow alleged to be inflicted by accused - Not even a single injury which could be the result of lathi blow was found by the doctor during examination of dead body of deceased - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 149, 304 -- Part I, Part II - Trial Court from evidence arrived at conclusion that manner of assault showed that accused persons caused death without any intention to cause death or to cause such bodily injury which was likely to cause death - Accused should have been convicted u/s 304 Part II instead under S.304 Part I IPC - Conviction..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Incident took place at 5 PM - Seven accused armed with 'dharia' and sticks assaulted deceased in the field - Brother, son and brother's son were the three eye witnesses - Trial Court acquitted accused on grounds that no food found in stomach of deceased and such a condition could not have reached when incident happened..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Proof - Dispute regarding possession of land - Deceased and occurrence witnesses and accused belong to rival factions - Version of eye-witnesses fully corroborated by independent witness who is not resident of same village - Held, involvement of accused-appellants in incident proved - Conviction proper - Appeal..........
