Indian Penal Code, 1860, Section 302, 307, 323, 341, 147, 148, 149 -- Conviction - Appeal against - Out of five accused, one pregnant lady, other invalid, third a juvenile and fourth an old lady - Trial Court discarding theory of common object - No witness deposing correctly about weapons possessed by accused persons - Part of beating resulting in death took place inside..........
Motor Vehicles Act, 1988, Section 147 -- Goods vehicle - Death or bodily injury to owner of goods or his authorised representative travelling in goods vehicle - Held, insurer is not liable for paying compensation...........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Forming unlawful assembly and causing murder - Incident seen by wife and son of deceased - Son turning hostile - Evidence of wife believed - It cannot be said that she was not at the site of incident - Her statement to police after two days and later evidence corroborated by medical evidence - Order of conviction..........
Indian Penal Code, 1860, Section 302, 149, 147, 323 -- One of the accused committed murder of a passerby who was not the member of prosecution party - For that individual act of co-accused other accused cannot be convicted with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 147, 148, 307, 149 -- Unlawful assembly - Assault with swords - Conviction by trial Court, upheld by High Court - Plea that there was no proper identification of the accused persons - Injured did not mention the names in injury report but stated them in his dying declaration on the same date of incident - Injured saved due to good treatment..........
Criminal Procedure Code, 1973, Section 147 -- Scope - Provision of S.147 has the same object as that of S.145 Cr.P.C. - Power conferred on Magistrate is intended to preserve public peace and not to determine the right of parties like a Civil Court...........
Criminal Procedure Code, 1973, Section 147 -- 'Right of user' - Means any dispute relating to a recurring right in the use of the land or water whether the right is claimed by a person in possession or not and such right is not limited to right of easement proper...........
Criminal Procedure Code, 1973, Section 147 -- Mandatory requirement for an order under this provision is that Magistrate must be satisfied from Police report or upon other information that a dispute exists with regard to the alleged right of user of a land and that dispute is likely to cause a breach of peace - Grounds are required to be recorded in writing of his being so..........
Indian Penal Code, 1860, Section 302, 149, 147, 323 -- Large number of persons armed with sticks or pelted stones chasing one `Vithal' to teach him a lesson - `Vithal' was with his brother - `Vithal' dying and his brother injured - Held, object was to cause hurt or grievous hurt and not to commit murder...........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 307, 324, 328, 452, 34 -- Murder of three and injuries to other members of same family by mob of 60 - Conviction of 13 and acquittal of 47 - Appellant acquitted by trial Court but convicted by High Court - Appellant was seen prominently in the mob trespassing into house of Mohan - He and others challenged the deceased..........
