Indian Penal Code, 1860, Section 149 -- Constructive liability - 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 IPC - Where common object of an unlawful assembly is not proved, accused persons cannot be convicted with the help of..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Both are different - Common object does not require a prior concert and a common meeting of mind 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 that object - For determination of the common object of..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 302, 326, 149 -- Omission to charge u/s 149 IPC - Omission to mention S.149 in the charge is only an irregularity and since no prejudice has been caused to appellants by that omission it can't affect their conviction - Appellants were aware of the basic ingredients of the offence for which they..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 323, 325 -- Conviction - Nature of offence - Common objection of unlawful assembly was only to cause grievous hurt - No intention to cause death as lathis were not wielded on vital parts of body of deceased - Conviction and sentence modified...........
Indian Penal Code, 1860, Section 147, 149, 323, 326 -- Conviction - Appeal against - PWs made improvements and contradictions in their testimony regarding place of occurrence - Case of prosecution doubtful - Prosecution also failed to explain injuries on the person of accused - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 302, 149 -- Assault with deadly weapons by many persons - 4 accused acquitted by trial Court and remaining convicted - High Court confirmed the conviction - Appeal before Supreme Court - Name of PW3 not in FIR and his statement was recorded 2 days after the incident - Presence of PW3 at the spot doubtful - However, testimony of other eye..........
Indian Penal Code, 1860, Section 323, 302, 147, 148, 149 -- Common object - 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 five or more and they act as an assembly to achieve that object - The common object of an assembly is to be ascertained from the acts..........
Indian Penal Code, 1860, Section 149 -- Common object - All the accused were armed with weapons capable of causing grievous hurt - Presence of weapons such as 12 bore guns and spears leads to inference that accused persons were prepared to cause death - Even if it is held that common object of the assembly was not to cause death, it would not be an unreasonable inference..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - S.149 IPC consists of two parts - Distinction between two parts cannot be ignored or obliterated...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Law as to - Analysed...........
