Indian Penal Code, 1860, Section 302, 147, 148, 149, Arms Act, 1959, Section 25, 4 -- Appeal against acquittal - One accused arrested at the spot and others fled away and were seen by prosecution witnesses - No identification parade held after arrest of those accused - Benefit of this lapse go to accused - Presence of prosecution witnesses at the spot highly doubtful as..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Altercation between son of appellant and nephew of deceased at a shop relating to purchase of goods after which son of appellant threatened nephew and deceased and left the shop - Within short duration, appellant along with son and other accused armed with gun and lathi went to place of incident -..........
Indian Penal Code, 1860, Section 302, 149 -- Accused twenty four in number, armed with deadly weapons came to the spot, encircled complainant party and killed deceased by use of firearms - Accused persons did not lift any object lying on the spot, but used firearm, sharp edged weapons and stick with which they were armed - Held, gathering of more than five persons armed..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Conviction - Extra judicial confession - Confession not admissible in evidence - Co-accused acquitted as such appellant too cannot be convicted on the basis of the last seen evidence - Circumstances not leading to one and only one conclusion that the appellant is guilty of the offence charged with - Appellant entitled to..........
Indian Penal Code, 1860, Section 149, 326, 323 -- Free fight amongst the complainant party and accused party - Complainant and his mother sustained injuries - Accused party also received injuries - Held, in a free fight, conviction u/ss 147, 148 and 149 cannot be sustained - It becomes difficult to ascertain who was aggressor - However, for specific overt acts appellants..........
Indian Penal Code, 1860, Section 302, 149, Constitution of India, 1950, Article 136 -- Murder by unlawful assembly in furtherance of common intention - Weapon of offence recovered at the instance of one of the appellants - Evidence of eye witnesses consistent - Medical evidence also in tune with ocular evidence - High Court on re-appreciation of evidence, affirmed findings..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 452, 457, 336, 148, 149, 326 -- Compounding of offence - Quashing of FIR - Held, compounding of offence which are not compoundable u/s 320(9) Cr.P.C. but parties entering into compromise, High Court has power u/s 482 Cr.PC. to allow compounding of no, compoundable offences and quash..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 323, 341, 506, 148, 149 -- Compounding of offence - Quashing of FIR - FIR registered u/ss 458/323/341/506/148/149 IPC - Parties are residing in same village and locality and belong to same caste - On intervention of respectables, disputes have been settled amicably by way of compromise -..........
Indian Penal Code, 1860, Section 302, 149 -- Murder and unlawful assembly - Prosecution allegations that accused persons came armed and attacked the victim party at their house resulting into death of the deceased - Prosecution story not wholly reliable in view of discrepancy in testimony of eye witnesses - Held, possibility of defence version that they or some of them..........
Indian Penal Code, 1860, Section 302, 307, 149, 300 -- Group clash - Role of some of the accused not mentioned in the FIR - The incident had taken place in a state of quarrel - Held, it is quite natural that in faction ridden villages there is a tendency to implicate all the supporters of the group - Accused who were not assigned any role in the FIR acquitted - Further..........
