Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Conviction of eight accused by trial Court - Four acquitted by High Court - One accused filed appeal thereagainst - Testimony of eye witnesses was neither embellished nor embroidered - No reason as to why they will falsely depose against the appellant - Motive was there to commit murder of deceased as accused were..........
Indian Penal Code, 1860, Section 302, 304, 149 -- Common object - After quarrel accused A1 went to his village and brought all the accused with him - The post mortem report revealed that first injury was caused by A1 with aruval on the neck and the corresponding injuries caused death of deceased - Accused A1 was rightly convicted for offence u/s 302 IPC - Held, that there..........
Indian Penal Code, 1860, Section 149, 302, 304 -- Plea of parity - Accused A1 armed with aruval - Accused A2, A4, A5 & A6 were also armed with aruval, A7 with knife and A3 with iron rod - Accused A1 had given a fatal blow on the neck of deceased with aruval and injury caused by such act proved fatal - Therefore principle of parity does not apply - Remaining accused rightly..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Five convicted and one acquitted by trial Court - High Court dismissed appeal - Testimony of eye witnesses reliable and there is nothing infirm in the conclusions of trial Court - High Court placing reliance on their evidence - One of deceased received 30 injuries which is consistent with prosecution case that accused..........
Indian Penal Code, 1860, Section 149 -- Constructive liability - Common object - 'Common object' is different from 'common intention' as it does not require a prior concert and a common meeting of minds before the attack - It is enough if each has the same object in view and their number is five or more and they act as an assembly to achieve the object - Common object of..........
Indian Penal Code, 1860, Section 304, 149 -- Accused persons returning immediately even when armed and while quarrel was continuing - S.304 Part I and S.149 are clearly attracted...........
Indian Penal Code, 1860, Section 302, 149 -- Common object of unlawful assembly - Four accused convicted u/s 302/149 IPC and were sentenced to imprisonment for life - All the accused persons were armed with weapons and they surrounded the deceased and prevented others from going near the jeep to rescue him - Held that where a group of assailants who were members of..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If an unlawful assembly was formed and if an offence was committed by a member of the unlawful assembly in prosecution of the common object and with a knowledge that the same is likely to be committed in prosecution thereof, the common intention must be said to have been proved - When a common intention is proved,..........
Indian Penal Code, 1860, Section 302, 304 Part I & 149 -- Conviction of six accused u/ss 304 Part I r/w S.149 IPC - In appeal High Court convicted for offence u/s 302 r/w S.149 IPC - Testimony of all eye witnesses found consistent and reliable - Their presence at the spot not doubtful - Conviction by High Court upheld...........
Indian Penal Code, 1860, Section 148, 149, 452, 302 -- Seven accused entered the house of informant at night armed with country made pistols and licensed guns and caused death of deceased by firing shots at him - Trial Court convicted all of them - In appeal High Court found only appellant guilty of firing a shot at the deceased - Appeal against conviction - Held, that..........
