Indian Penal Code, 1860, Section 148, 302, 149 -- Trial Court convicted A1 to A6 u/s 302 r/w 149 IPC - High Court, in appeal acquitted them on ground of right of private defence - Held, High Court overlooked material evidence - Investigation was one sided and not fair -Evidence of P.W.2 and P.W.7 having no infirmity - sufficient evidence that A1 to A6 exceeded right of..........
Indian Penal Code, 1860, Section 449, 324, 326, 149, 304 -- Part I - Appeal against conviction - Death on spot due to several injuries - A-1 and deceased being brothers were having some family disputes - P.W.1 and P.W.2, the sister and mother of A-1 stated that A-1 to A-5 trespassed into the room at 2 a.m. with deadly weapons where deceased was sleeping with his wife P.W.3..........
Indian Penal Code, 1860, Section 149 -- To hold a person vicariously liable under Section 149 I.P.C. for a particular offence committed by an unlawful assembly it has to be conclusively proved that he was a member of the unlawful assembly at the time of commission of that offence - If the person arraigned ceases to be a member of the unlawful assembly before commission of..........
Indian Penal Code, 1860, Section 147, 148, 302, 149, 307, 149 -- Conviction of three appellants confirmed by High Court - Appeal - Plea of self defence - Dispute relating to land - Rival claimants claimed to be in possession of land were protesting against claim of accused and their attempts to plough the land - Entry in revenue record made in favour of the appellants -..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 148, 149 -- Revision petition - Against conviction - All the injuries given on the lower part of the body - No injury found on any vital part of the body - Only `M' and `J' convicted substantively under Section 326 IPC -Others convicted only with the aid of Section 34 IPC - Though the number of accused is six but still..........
Indian Penal Code, 1860, Section 302, 149 -- Appellants and 14 others assaulted deceased - Brother, two daughters and son of deceased were eye witnesses of incident - Names of appellants mentioned in FIR - Presence of two eye witnesses who were accompanying deceased not doubtful by any evidence - Evidence of eye witnesses and Investigating Officer could not be discarded..........
Indian Penal Code, 1860, Section 302, 149 -- Common object - Bus stopped by five accused who were armed and A1 was armed with gun - A1 put gun on chest of driver - Deceased was pulled out from bus and then shot dead - Remaining accused had also assaulted him - Evidence establishes that accused were acting in prosecution of their common object - Held, appellants were..........
Indian Penal Code, 1860, Section 304I, 149, 148, 323 -- Conviction - Appeal - Nine accused - A large number of villagers were present at scene of offence - Common object and specific acts attributed only to a few among the nine accused - Nothing on record to show that A4, A5 and A9 came there with common object of trespass and assault on PW1 and deceased - Held, A4, A5 and..........
Indian Penal Code, 1860, Section 304II, 149 -- Land dispute - A1 gave one blow with lathi on head of deceased - A3 hit deceased with lathi in parietal region and A7 on body - Deceased gained consciousness soon - He was alive for over 32 hours after the incident - Held, this leads to inference that accused did not have intention of casing death - They can only be imputed..........
Indian Penal Code, 1860, Section 302, 302, 149 -- Mass murders of one family members - Death sentence - Unlawful assembly formed with common object to take revenge - Accused immobilised victims by causing gun shot injuries - Heads severed from injured bodies - All three heads were put together in a piece of cloth - A victory procession was taken out by accused persons -..........
