Indian Penal Code, 1860, Section 302, 149, Explosive Substances Act, 1908, Section 3, 4, Arms Act, 1959, Section 25 -- Double murder case - U, lawful assembly - Accused hurled bombs and caused death of two persons - Other accused facilitating the act of hurling bombs as well as captivating the relatives of deceased so as to prevent them to come to his rescue - Active..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 302, 148, 149 -- Bail - Two versions regarding occurrence - No specific injuries attributed to petitioner - Role of petitioner to be determined during trial - Challan presented - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 186, 188, 427, 436, Prevention Of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Offence u/ss 147, 148, 149, 186, 188, 427, 436 IPC and Ss.3, 4 of Prevention of Damage to Public Property Act - Co-accused already granted bail - Case of petitioner cannot be distinguished..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 147, 148, 149 -- Framing of charge - Charge u/ss 147, 148 r/w S.149 IPC framed against all 50 accused - Improper charges were framed, as Ss.147, 148 IPC are independent penal provisions and S.149 IPC creates only constructive liability...........
Indian Penal Code, 1860, Section 302, 148, 149, 307 -- Murder - Unlawful assembly - Common object - Six accused persons come to the place of occurrence armed with deadly weapons and fired at deceased - Common object to kill deceased is proved on record - Since there is clinching evidence on record to prove common objective, separate roles played by all accused need not be..........
Indian Penal Code, 1860, Section 302, 324, 336, 148, 149, 506II -- Murder - Unlawful assembly - Common object - Enmity between two rival political groups - Prosecution evidence not sufficient to conclude that any conspiracy was hatched by accused with common object to cause death of deceased - No deadly weapons were carried by accused - At the most accused wanted to..........
Indian Penal Code, 1860, Section 149 -- Common object - To demonstrate common object, there can never be direct evidence and it will have to be culled out from the entirety of facts and circumstances of case if there existed any common object and the very offence committed in persecution of common object...........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
