Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - Common object of an assembly is to be ascertained from acts and language of members comprising it and from a consideration of all surrounding circumstances...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 452 -- Double murder - Attempt to murder - Unlawful assembly - Accused fully armed constituted an unlawful assembly, entered the house of deceased and when latter ran out for his safety, he was chased and assaulted - Accused also assaulted on those who tried to come to rescue deceased - Number of injuries on two..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Strong previous enmity between family members - All the accused are armed with lethal weapons came to spot - A1 to A-3 fired at deceased while PW2 was being assaulted by other one with a ballam - Object of accused cannot be bifurcated qua PW1 and deceased - Occurrence in question is supported by..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Testimony of two eye witnesses - Version of two eye witnesses with regard to injuries caused by fire arms and sharp edged weapons find corroboration from medical report - Though there are some minor variations and contradictions in statement of two witnesses, especially PW2 - PW2 may have improved his version..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149 -- Bail - Murder - Role attributed to petitioner is only lalkara - Petitioner is summoned u/s 319 Cr.P.C on presentation of supplementary challan - She is suffering from HIV +ve from last 6 years and requires much more treatment - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Indian Penal Code, 1860, Section 302, 379, 149, 148 -- Murder - Sole testimony of eye witnesses - Parity with co-accused - If deposition of eye witnesses are not reliable qua one of accused and he is acquitted by giving benefit of doubt, same benefit ought to have been given to other accused also, unless there is some further material/evidence against other accused - Since..........
