Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No general proposition of law can be laid down that unless an overt act is proved against a person, who is alleged to be a member of unlawful assembly, it cannot be said that he is a member of an assembly - The only thing required is that he should have understood that the assembly was unlawful and was likely to..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - May be formed by express agreement after mutual consultation, but that is by no means necessary - It may be formed at any stage by all or a few members of the assembly and the other members may just join and adopt it - Once formed, it need not continue to be the same - It may be modified or altered..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - It is different from common intention - 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 that they act as an assembly to achieve that object - Common object of an assembly is..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Quarrels between parties - Appellants were not involved - Accused No.1 may have grudge against deceased - Injury caused to deceased during scuffle - Accused No.2 caused only one serious stab injury - Nobody used any weapon with much force - Appellants wholly unarmed and not known to deceased and no..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention - Common intention may be developed on the spot - Although a person may not be held guilty for having a common object, in a given situation, he may be held guilty for having a common intention, but such common intention must be shared with others...........
Indian Penal Code, 1860, Section 34, 149 -- Common intention - Common intention may be developed on the spot - Although a person may not be held guilty for having a common object, in a given situation, he may be held guilty for having a common intention, but such common intention must be shared with others...........
Indian Penal Code, 1860, Section 302, 147, 149 -- Common object - Eight persons came together and assaulted deceased and PW-6 indiscriminately - Inspite of asking of PW2 and wife of deceased to stop assaulting, they did not pay any heed - They dragged them to the west bank of the river and only left them there when a large number of people gathered and asked them not to do..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 504, 506, 325, 379 -- Bail cancellation - All except offence u/s 379 IPC bailable - In bailable offences accused has a right of bail - As regards offence u/s 379 IPC no specific role against accused in FIR - No wrong exercise of discretion in granting bail - No allegation of..........
Indian Penal Code, 1860, Section 143, 147, 148, 341, 324, 342, 504, 302, 149 -- Acquittal by trial Court - Conviction by High Court - Land dispute - Accused chased PW25 brother of accused No.1 and 2 and assaulted him - Prosecution case that they assaulted deceased, a lady, causing bleeding injuries with sticks - Deceased was tied around her neck with her own saree - Large..........
Indian Penal Code, 1860, Section 148, 149, 323, 325, 341 -- Unlawful assembly - Attacking four unarmed persons - Two out of them died - Evidence of eye witnesses not shattered - Conviction sustained...........
