Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Indian Penal Code, 1860, Section 302, 323, 149 -- Murder - Unlawful assembly - Common object - Accused undoubtedly were members of unlawful assembly and some of whom were also armed with spears and assaulted deceased - All accused surrounded deceased to prevent his escape - Initial assault was made on head of deceased with lathi by accused - Deceased fell down after said..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - PW1, only independent witness, does not even implicate A-9, as he did not see A-9 at the place of occurrence - DW1 examined by defence and deposed against A-1 and other accused but not assigning even factum of presence of A-9 - Abetment of A-9 as alleged not proved beyond reasonable doubt - Embellishments and..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Role assigned to A-2, A-3 by PWs was that they hit the deceased with dagger not the role of firing - PW6 did not see firing of gun though he claims to have heard gu, shots and PW3 and PW4 state that they saw firing - However, no bullets or bullet marks were found at the site - Medical evidence on record shows..........
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141 -- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Plea of mistaken identity of accused - Eye witness/PW8 stated that he had seen A-6 and other accused earlier when they had been identified to him - A-3, A-4 and A-5 were arrested on same day, though A-6 was arrested subsequently - Recovery of weapons was also made due to..........
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148 -- Murder - Unlawful assembly - Seven accused armed with deadly weapons coming to site of incident and all of them inflicting blows on deceased - All the accused came together with a clear intent and acted upon that intent - This is not a case where common assembly proceeded to site and subsequently decided to..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Prior enmity between parties - Mob assault by 13 persons - However, 2 accused were convicted - 11 injuries were found by deceased, which satisfied that it was the result of mob assault - Common material available against all accused on the testimony of PW1/sole eye witness - PW1/sister of deceased accompanied by..........
