Indian Penal Code, 1860, Section 149 -- Appellant seeing the mob entered the house and came back with the fire arms and even then the appellant fired in the air which was for the purpose of scaring away the aggressors and to scatter them - Till that moment at least the appellant cannot be a member of the unlawful assembly nor can the assembly be termed as unlawful assembly..........
Indian Penal Code, 1860, Section 300, 149 -- Unlawful Assembly and murder - Appreciation of evidence - Name of one of the accused did not find mention in the FIR - However, her name was mentioned by the deceased in the statement made to the police recorded on the next day and also in the dying declaration - Other eye witnesses stated that the accused whose name was omitted..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Meaning - Accused five in number - They were armed with weapons - They went together and came together - They came to the house of the complainant and held abuses - They had gone at the house of the complainant party to assault and kill the members of the family - Held, they formed unlawful assembly and committed..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 149 -- Appreciation of evidence - Where a crowd of assailants who are members of an unlawful assembly proceeds to commit an offence of murder in pursuance of common object of the unlawful assembly, it is often not possible for witnesses to describe accurately the part played by each one of the assailants...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Three different stories projected by prosecution - Unsafe to convict accused in facts and circumstances of the case...........
Indian Penal Code, 1860, Section 323, 324, 364, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence under SCST Act not investigated by person authorised under rule 7 - Held, investigation done in violation of Rule 7 is illegal qua offence related to offence under SCST Act but not qua the offence under Indian..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Formation of - Held, whether an assembly is unlawful or not would depend on various factors - Principal amongst them being a common object formed by members thereof to commit an offence specified in one or other clauses contained in S.141 of IPC - Constructive liability on a person on ground of being a..........
Indian Penal Code, 1860, Section 149, 134 -- Distinction between "common object' and "common intention" - Held, common intention requires a prior concert and a common meeting of minds before attack - Concept of common object is different from common intention - It is true that so far as common object is concerned no prior concert is required - Common object can be formed..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Presence of accused - Held, presence of an accused while offence was committed is a sine qua non to find him guilty of being a member of unlawful assembly - If his presence is doubted, question of finding him guilty does not arise...........
Indian Penal Code, 1860, Section 302, 148, 149, 201, 396 -- Conviction - Appeal against - Two accused in police custody but their custody shown two/three days thereafter - Recovery of blood stained articles from them cannot connect them with crime - Last seen theory not credible as there are many contradictions in the evidence of witnesses - PWs 10 & 12 not disclosing fact..........
