Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If an offence is committed by any person of an unlawful assembly, which members of that assembly knew to be likely to be committed, every member of that assembly is guilty of offence - As membership of assembly is sufficient to hold such members vicariously liable...........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal of co-accused - Recovery of licensed weapon of deceased from house of co-accused not established and despite being armed with double barrel rifle co-accused not used that weapon thus, possibility of false implication of co-accused cannot be..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which is not..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Accused `K' was arrested along with 700 sheeps and some other animals and accused `P' was arrested at the instance of accused `K'- Property of seven deceased persons were also recovered from accused `K' - Accused `K' not claimed ownership of..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Recovery of dead bodies - Accused `P' was arrested at the instance of accused `K'- Seven dead bodies of persons recovered at the instance of accused `P' from the well - It is not the case of accused `P' that he had seen someone else throwing dead..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Accused armed with guns, pistols and lathis - Three firearms were used in the incident - Two cartridges were fired from the gun recovered from accused - Non-recovery of gun from accused or opinion of ballistic expert regarding three cartridges does not in any way raise doubt..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Previous enmity between parties on account of civil dispute - Accused armed with guns, pistols and lathis caused injuries to complainant party after wordy altercation on account of civil dispute - There were two deaths on the side of complainant party and injuries sustained by..........
