Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - One accused firing a gun shot at deceased and all others assaulting deceased after he fell down - Wife and son of deceased also assaulted - All of the accused dragged deceased to pyre and set him ablaze - Accused persons were earlier waiting with weapons for arrival of deceased - Held, all accused are liable for..........
Indian Penal Code, 1860, Section 304(Part I), 149 -- Culpable homicide not amounting to murder - Unlawful assembly - Confrontation between members of Provincial Award Constabulary (PAC) and State Administration resulting in death of 12 members of PAC - Incident developed stage by stage and finally ended up in wanton acts of shooting - None of appellant had entertained any..........
Indian Penal Code, 1860, Section 149 -- Plea that accused did not commit offence with his own hand - An overt act by all the members of unlawful assembly is not the requirement - When accused assembled together, armed with guns and lathis, and were parties to the assault on the deceased and others, the prosecution is not obliged to prove which specific overt act was done..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - 17 incised injuries out of which 10 were on the head, 3 injuries among them were the most serious injuries and the brain of the deceased was lacerated - Trial Court convicting for the offence of murder but High Court convicting accused u/s 326 - The conviction of the accused who inflicted grievous injuries which..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Appeal against conviction - Charge against six persons - FIR on basis of written complaint of PW1, son of deceased - A4 who was implicated was in jail at material time - Other accused sons of A4 - Evidence of PW1 that A4 was not present at the time of occurrence but he saw a person having resemblance to A4 giving blows..........
Indian Penal Code, 1860, Section 34, 149 -- Vicarious liability of an accused - Similarity and difference between the two provisions - Similarity of the sections lies in the requirement of a common object or intention or a pre-arranged plan in furtherance of which the act is done - The difference lies in the degree of actual participation required in the criminal..........
Indian Penal Code, 1860, Section 34, 149 -- Scope - Both sections deal with the vicarious liability of an accused for an offence committed by another - Under Section 34 IPC 'when a criminal act is done by several persons in furtherance of the contemplation of all, each of such persons is liable for that act in the same manner as if it were done by him alone' - Similarly..........
Indian Penal Code, 1860, Section 302, 149, Criminal Procedure Code, 1973, Section 378 -- Offence under Ss.302/149 - Appeal against acquittal - Two out of 9 accused inflicted fatal wound - All accused formed unlawful assembly - Defence of false implication - Trial Court convicted two accused who inflicted fatal wound under S.302 and all other accused u/ss. 302/149 - High..........
Indian Penal Code, 1860, Section 100, 441, 302, 149 -- Murder - Criminal trespass - Right of private defence - Deceased along with other persons with lathis in their hands entered upon field of one of the accused persons - Held, such entry amounts to criminal trespass - Hence, accused and his men would have initial right of private defence to repel that aggression -..........
Indian Penal Code, 1860, Section 304(Part II), 149 -- Culpable homicide not amounting to murder - Sentence - All appellants had joined in attack on deceased - They had not only beaten him at one place but dragged him for some distance and on the way also some blows were given - Appellants had jointly caused death of deceased - Held, no reason to reduce sentence imposed -..........
