Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish any specific overt-act to any of the accused for fastening of liability with the aid of section 149 of the IPC - Commission of overt-act by each member of the unlawful assembly is not..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Common object of the unlawful assembly of the accused is evident from the fact that some of them were armed with deadly weapons - None of them were curious onlookers or spectators to the macabre drama that was enacted...........
Indian Penal Code, 1860, Section 148, 149 -- Common object - Some amount of discrepancy in the evidence of eye witnesses found - Common object of killing deceased by all accused not established - Those appellants given benefit of doubt - Conviction of remaining appellants confirmed...........
Indian Penal Code, 1860, Section 149 -- Common object - Prosecution witnesses suffered gun shot injuries as also injuries caused by lathis - It goes a long way to show that the accused persons had shared common object...........
Indian Penal Code, 1860, Section 149 -- Existence of common intention ruled out - High Court proceeded to record its reasons only on the basis of individual acts of accused - S.149 has no application...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 149 -- Conviction u/ss 323, 325 & 149 IPC - Incident 20 years old - Accused not repeated any such offence till date - Accused already undergone one month and 15 days of substantive sentence - Accused released on probation...........
Indian Penal Code, 1860, Section 302, 149, 148 -- 20 persons named assailants in FIR - Only 8 charge sheeted - 6 Appellants convicted u/ss 302/149/148 - Two acquitted - Allegations of prosecution are that all the 8 persons inflicted injuries on deceased with lathis, spears and iron rods - Informant who lodged FIR after the incident instead of going to police station went..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 302, 201, 218, 342, 34 -- Bail - Two innocent persons killed by applicants and co-accused who are police personnel by showing a fake encounter with the deceased, in which one of the deceased was student of Allahabad University - Bail declined without expressing any opinion about..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Part played by each - Not possible for a witness to describe - If a large crowd of persons armed with weapons assaults the intended victims, it may not be necessary that all of them have to take part in the actual assault...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - An assembly which was not unlawful when it was assembled, may subsequently become unlawful...........
