Indian Penal Code, 1860, Section 147, 148, 302, 149, 307, 149 -- Conviction of three appellants confirmed by High Court - Appeal - Plea of self defence - Dispute relating to land - Rival claimants claimed to be in possession of land were protesting against claim of accused and their attempts to plough the land - Entry in revenue record made in favour of the appellants -..........
Indian Penal Code, 1860, Section 302, 34, 147, 148 -- Conviction - Appeal - 47 people out of a mob of 200 persons had been charged - PW-18 is star witness - 5 are injured witnesses - Injured witnesses corroborate evidence of PW-18 with regard to manner of assault, place of assault, weapons used by different accused persons, persons who assaulted two deceased persons,..........
Indian Penal Code, 1860, Section 302, 34, 147 -- Prosecution case that accused came to prevent labourers from continuing transplantation operation - At spur of moment on account of certain lalkara being given by some of the accused persons, persons armed with weapons started assaulting the deceased - Convictions of 12 accused under Section 302/34 affirmed - Convictions of..........
Indian Penal Code, 1860, Section 147, 342, 149, 440, 34, 302, 149 -- Appeal against conviction - Dying declaration - There is no requirement of law that a dying declaration must necessarily be made to a Magistrate...........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 149, 147, 148 -- Conviction by trial Court - Set aside by High Court - Appeal - Eight accused armed with weapons like pharsas, axe and sticks assaulted complainant party - Three persons of complainant party died in incident - Eye witnesses were contradicted during cross examination - No material that investigation was..........
Penal Code, 1860, Section 302, 149, 307, 149, 323, 149, 148, 147 -- Appeal against conviction - Held that the concurrent findings of fact arrived at by the learned Court below are based on proper discussion of evidence - No justifiable ground to disturb the same - Having regard to the manner in which the incident took place difficult to conclusively hold that the accused..........
Indian Penal Code, 1860, Section 302, 307, 324, 323, 147, 148, 149, 34 - - Prosecution failed to explain the injuries sustained by the accused - All the male members of the family of the accused involved - FIR recorded after delay of 11 hours though the police station only 9Kms. away - Special report whereof reached the concerned Magistrate at 11.30 noon - Two independent..........
Indian Penal Code, 1860, Section 147, 148, 149 -- Rioting - When there is a large number of assailants and a number of witnesses - Appreciation of evidence - Testimony of witnesses may not be identical - What has to be seen is whether basic features of occurrence have been similarly viewed and/or described by witnesses in a manner which tallies with outcome of riot - It is..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Homicidal death - Conviction - Appeal - Cause of death was multiple fracture of skull bone and haemorrhage - PW4 an eye witness who also received injuries during the incidence stated that A1 hit on head of deceased with a Saria - A3 gave farsi blows on hand and leg of deceased - Evidence of this witness does not find any..........
Indian Penal Code, 1860, Section 147, 149, 304, 325 -- All the accused had gone to the Bakura field where they had no reason to go and that they had gone there armed with weapons, leads to a reasonable inference that they had formed an unlawful assembly before going to that field and had assaulted in prosecution of their common objection of beating - Motive existed for..........
