Indian Penal Code, 1860, Section 302, 148, 149, Constitution of India, 1950, Article 136 -- Acquittal by High Court - Appeal against - Interested private party can file appeal in Supreme Court against order of acquittal passed by High Court when acquittal leads to a serious miscarriage of justice...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Conviction - Delay in lodging FIR satisfactorily explained - Testimonies of eye witnesses reliable and trustworthy and inspire confidence - Witnesses identified appellants in the torch light and moonlit night - Some discrepancy as to who flashed the torch light are insignificant - No contradictions and inconsistency between..........
Indian Penal Code, 1860, Section 147, 148, 323, 324, 302, 307, 149, 34 -- Different appellants found guilty under various provisions of IPC - Though father of deceased was not examined, injured witnesses statements were reliable and trustworthy - FIR lodged promptly - Though PW's are related to deceased but relationship is not a factor to discard prosecution version -..........
Indian Penal Code, 1860, Section 148, 323, 364, 302, 149 -- Conviction - Solitary eye witness - There is no basis for his presence in the alleged occurrence - He did not disclose about the incident for 10 days to anybody - Held, that his silence was most unusual as he was closely related to deceased - Also the manner of assault was specifically detailed which was too hard..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Constitution of India, 1950, Article 136 -- Appellants convicted u/s 149/302 IPC by trial Court - Conviction confirmed by High Court - Held, no error has been committed by trial Court or High Court in recording conviction - Supreme Court while exercising power under Art.136 of the Constitution Court does not..........
Indian Penal Code, 1860, Section 302, 326, 149 -- Accused convicted u/s 302 r/w S.149 IPC by trial Court - In appeal High Court converted the conviction u/s 302 read with S.34 IPC - Accused No.7 assaulted deceased while accused No.1 merely caught hold the deceased - Accused No.7 convicted for an office punishable u/s 326 IPC and accused No.1 for an offence punishable u/s..........
Indian Penal Code, 1860, Section 149 -- Common object - Vicarious liability - If a large crowd of persons armed with weapons assaults a victim it is not necessary that all of them must take part in the actual assault - Even in the absence of actual assault all members of unlawful assembly may be held vicariously liable for the acts of others provided there was a common..........
Indian Penal Code, 1860, Section 302, 149, 143, 144, 147, 148, 506 -- Benefit of doubt - Presence of appellant not established - Only role attributed to appellant is that he caught hold of the deceased while facilitating the assault by others - Positive stand of appellant that he was not in the village - Trial Court and High Court came to conclusions based on surmises that..........
Indian Penal Code, 1860, Section 149 -- Common object - Common object has to be proved - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object and that object is one of those set out in S.141 - Where common object of an unlawful assembly is not present, accused persons cannot be..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention & common object - Distinction - Common object 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 5 or more and they act as an assembly to achieve that object - Common object of an assembly is to be ascertained..........
