Indian Penal Code, 1860, Section 302, 149, 34 -- Murder - Eye witness - No incon-sistency between medical evidence and evidence of eye witness - Slight discrepancy does not create any doubt regarding participation of accused - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 149, 34 -- Offence committed with common intention - All except one acquitted - Appellate Court on reappraisal of evidence if comes to conclusion that offence was committed with common intention with the other accused who were acquitted and that the acquittal was bad, can determine the guilt of the appellant before it on the basis of..........
Indian Penal Code, 1860, Section 147, 148, 302, 149 -- Appellant and four other accused came together and assaulted the deceased and thereafter dragged him on the road and continued to assault him - Evidence of P.Ws corroborated from medical evidence - Held, appellants were members of unlawful assembly and shared a common object to commit murder of deceased - Conviction..........
Indian Penal Code, 1860, Section 149 -- In a case of free fight, S.149 is not applicable...........
Indian Penal Code, 1860, Section 149, 304 -- Part II - Eye witness -Withstood the cross examination and supported the prosecution case - He iden-tified ail the appellants as being party to the attack and also attributed the roles played by each of them - Mere fact that he was not injured is not a ground to come to the conclusion that he was not present at the place of..........
