Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object can reasonably be collected from the nature of the assembly, arms it carries and behaviour at or before or after the scene of incident...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary for prosecution to prove which of the members of the unlawful assembly did which or what act...........
Indian Penal Code, 1860, Section 302, 450, 324, 148, 149 -- Non reasoned judgment based on surmises and conjectures - Impugned judgment set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 302, 149 -- Death sentence - Rarest of rare cases - Mitigating circumstances - There was murder of six members of a family including helpless women and children - Trial Court convicted and imposed death sentence on all the accused for offences u/s 302/149 IPC - In appeal High Court converted death sentence of two appellants to life..........
Indian Penal Code, 1860, Section 148, 149, 201, 302, Arms Act, 1959, Section 27 -- Murder - Gun shot injuries - FIR lodged promptly ruling out possibility of concoctions, false witnesses or false implication of accused - Statement of complainant, father of deceased duly corroborated by eye witnesses, sister of deceased and by medical evidence - Witnesses though related but..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Proof - Murder - Gun shot injuries - All the accused came to the spot together - Four of them armed with guns and three were in possession of cans containing kerosene - Four accused fired gun shots on deceased, two sprinkled kerosene on person of deceased who had fallen on the ground and remaining one set him..........
Indian Penal Code, 1860, Section 149 -- Common object - Pistol was concealed by one accused and was not visible to anyone - Remaining accused had no knowledge that pistol was carried by one accused and that he will shoot the deceased - Held, common object of the assembly was not to commit the murder...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 148, 149 -- Revisional jurisdiction - Exercise of - Re-appreciation of evidence - Held, while exercising revisional jurisdiction this court cannot re-valuate and re-appreciate the evidence until and unless it comes to conclusion that courts below committed an illegality in conduct of trial or..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 147, 148, 149, 307, 302 -- Bail during pendency of appeal - Role of two appellants distinct from rest of accused persons - These two appellants were armed with rifles but no injury of rifle was sustained by the deceased and the injured - Injuries were caused by other fire arms and sharp edged..........
