Indian Penal Code, 1860, Section 307, 326, 149 -- Group clash - Injured sustained fracture of wrist joint - Another injured sustained fracture of left knee joint - Injuries not on vital parts of the body - Conviction under Section 307 IPC is bad - Case fall within the domain of Section 326 IPC...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Accused formed an unlawful assembly and by way of common object committed murder by assaulting with lathi and spears - Trial Court acquitted accused whereas High Court set aside order of acquittal - Two injured eye-witnesses had clearly supported the prosecution case - Minor discrepancies were not sufficient to..........
Indian Penal Code, 1860, Section 302, 149 -- Conviction u/s 302/149 IPC - Appeal against - Long standing enmity between families of accused and prosecution party - Eye witnesses evidence corroborating each other - Sufficient opportunity given to cross examine PW1 but appellant on one pretext or the other avoided it which shows that appellant never intended to cross examine..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Acquittal of accused u/s 148 but conviction u/s 302 read with S.149 IPC - Conviction set aside - Offence of rioting must occur when members are charged with murder as the common object of unlawful assembly - S.148 creates liability on persons armed with deadly weapons and is a distinct offence and there is no requirement in..........
Indian Penal Code, 1860, Section 307, 149, 323, 149 -- Conviction u/ss 307/149, 323/149 - Appeal against - Farsa and lathi blows given to victim - Injuries grievous in nature - No explanation from prosecution regarding injuries - Farsa used by one of the accused not sufficient to arrive at a definite conclusion that intention was to kill the injured - Moreso when it is in..........
Indian Penal Code, 1860, Section 147, 148, 302, 149 -- Six accused found guilty of committing offence of culpable homicide not amounting to murder - Remaining accused though found present at the time of occurrence, but caused no injury - Held, they are liable for conviction u/s 146 and not u/ss 147, 148 and 302 read with 149 IPC...........
Indian Penal Code, 1860, Section 302, 149 -- Scope of - Held, S.149 of IPC provides for vicarious liability - If an offence is committed by any member of an unlawful assembly in prosecution of a common object thereof or such as members of that assembly knew that offence is likely to be committed in prosecution of that object, every person who at the time of committing that..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Injured witness - Testimony - Credibility of - Held, when a person receives injuries in course of occurrence, there can be hardly any doubt regarding his presence at the spot - Further, injured witnesses would not spare real assailants and falsely involve innocent persons...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Injured witness - Medical Board consisting of three doctors, on re-examination of injuries of witnesses, unanimously gave opinion about age of injuries sustained by witnesses - No question was put to any of two doctors examined from panel of Medical Board specially constituted, relating to duration of injuries mentioned..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 341, 148, 149, 120B -- Anticipatory bail - Offence u/ss 302, 323, 341, 148, 149, 120-B IPC - Accusations levelled against the petitioner do not seem to be false, baseless and groundless - Petitioner avoiding arrest with connivance of police - Petitioner not entitled to bail...........
