Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307, Evidence Act, 1872, Section 9 -- Un-lawful assembly - Identification of accused - PWs deposed that though it was dark at the spot but it was not pitch dark - There was sufficient light to identify the accused in the tube light - Moreover, accused were known to police party since they used to visit Police..........
Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307 -- Un-lawful assembly - Criminal conspiracy - Property dispute - Accused formed an unlawful assembly to raise flag post over disputed land - Police force was deployed to diffuse situation - Crime committed in prosecution of its common object by pelting stones on police - Statement of officials witnesses duly..........
Indian Penal Code, 1860, Section 307, 323, 147, 149 -- Attempt to murder - Contradictions in the depositions of PWs with regard to identity of accused but also injuries suffered by injured - PWs failed to show as to who was responsible for causing injuries to PW2 - Medical evidence also does not corroborate the version of PWs with regard to nature of injuries - No offence..........
Indian Penal Code, 1860, Section 395, 396, 307, 149 -- Offence u/ss 395, 396, 307, 149 IPC - Circumstantial evidence - Prosecution alleged that accused looted a sum of R.22,000 from deceased and they also took away his wallet - But, neither money nor wallet was recovered at the instance of any of accused - Prosecution though produced a large number of independent witnesses..........
Indian Penal Code, 1860, Section 279, 341, 147, 149, 336, 290, 510, 506, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving by consuming alcohol - Identity of accused - Complainant not knowing the names of accused persons - PW6 stated that 5-6 persons were sitting in the van and neither he told the names of accused nor he recognized them - Identity of..........
Indian Penal Code, 1860, Section 143, 147, 149, 238, 294(a) -- Offence u/ss 143, 147, 149, 238 IPC - Quashing of proceedings - Accused as women activists protesting and demonstrating against the commission of heinous crimes against women and teenaged girls - No allegation that accused have used any criminal force or violence - Nor they caused any obstruction to any person..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 45 -- Dacoity - Rape of three women belonging to same house - DNA test - Blood samples of victimized ladies and accused for DNA comparison was collected during investigation - Expert report that blood samples of accused who ravished the ladies were matching the ones collected from..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 9 -- Dacoity - Rape of three women belonging to same house - Test identification parade (TIP) - PW7 identified all accused during his testimony and during investigation - Defence tried to challenge the testimony of PW7 on the question of identification of accused but nothing..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147 -- Dacoity - Rape of three women belonging to same house - Reduction of sentence - Held, keeping in view the gravity and nature of allegations leveled against accused in as much as they are alleged to have committed dacoity in the residential premises of complainant during night time and in this process also..........
Indian Penal Code, 1860, Section 149 -- Common object - Inference of common object has to be drawn from various factors such as weapons with which members of assembly were armed, their movements, acts of violence committed by them and the result...........
