Indian Penal Code, 1860, Section 149 -- Common object - Determination - To be decided on the basis of the nature of weapons used by such members, the manner and sequence of attack made by those members on the deceased and the settings and surroundings under which the occurrence took place...........
Indian Penal Code, 1860, Section 325, 149, Criminal Procedure Code, 1973, Section 464 -- Charge framed u/s 302 against six accused - Two accused convicted u/ss 304 Part II and 325 respectively - Others convicted for offence punishable under S.325 read with S.149 - No charge framed u/s 149 - Plea that conviction without framing of charge u/s 149 is illegal - Not tenable -..........
Indian Penal Code, 1860, Section 148, 302, 149 -- Riotous murder - Riots on assassination of Mrs.Indira Gandhi - Appellant and two others charged with offence of murdering several Sikhs - Believing evidence of eye witnesses trial Court convicting accused - Appellant punished with capital sentence and other two accused sentenced to life imprisonment - High Court confirming..........
Indian Penal Code, 1860, Section 302, 307, 449, 436, 201, 149 -- Riot and murder - Charge that accused assembled into an unlawful assembly accosted PW1 and the deceased while they were coming out of a hotel, assaulted deceased with sword, tried to set the house on fire wherein deceased took shelter and killed the deceased and set dead body on fire - 20 witnesses examined..........
Indian Penal Code, 1860, Section 147, 148, 302, 149, 302, 34 -- Conviction by trial Court - High Court acquitted in appeal - Appeal against - High Court acquitted on ground that evidence of eye witnesses was contradictory to Medical evidence and that no independent witnesses were examined from locality and that they were partisan witnesses - That evidence of P.W. 7 was..........
Indian Penal Code, 1860, Section 326, 149 -- Grievous hurt by members of unlawful assembly - Assault resulting in death - Evidence of eye witnesses corroborated by circumstantial evidence - Trial Court convicting accused u/s 326 r/w S.149 IPC - High Court, on re-appreciation of evidence, holding that evidence of eye-witnesses stood contradicted by circumstantial evidence..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, Section 25, 27 -- Summoning - Magistrate was not required to make a microscopic appreciation of evidence before him - He was required only to see whether there was prima facie case against the accused warranting his being put on trial - Additional Sessions Judge should not..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 323, 325, 355, 417, 149 -- Discharge - Complaint against police officials - Respondents discharged by Magistrate by recording findings that there was no evidence against the accused warranting the frame of charge against them - Held that the complainant was pitted against the might of the police -..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(2)(i), 3(ii), Indian Penal Code, 1860, Section 120B, 147, 148, 149, 302, 326, 436, 506 -- In a chawl room occupied by persons belonging to Hindu community - - Set on fire by persons belonging to rival community - Several persons burnt alive - Delay in examination of eye witnesses - Not satisfactorily..........
Indian Penal Code, 1860, Section 148, 324, 325, 302, 149 -- Eye witnesses - Neither gave correct account regarding how the incident started nor explained satisfactorily injuries caused to appellant Nos.4 and 5 - Plea of self defence found probable - False implication of appellant No.4 found probable as no sharp edged weapon injury found on person of deceased - Held, all..........
