Indian Penal Code, 1860, Section 307, 323, 341, 148, 149 -- Conviction - FIR recorded on basis of parchabyan - Original reported lodged by one 'Mohan' withheld and 'parcha bayan' prepared subsequently - True version not coming before Court - Both injured history sheeter - Place of recording parcha bayan also doubtful - Circumstances revealing that either injured person did..........
Indian Penal Code, 1860, Section 147, 148, 149, 302 -- Murder - Material contradictions in testimony of witnesses and possibility of Investigation Officer to concoct a false case with their help - Accused entitled to benefit of doubt - Conviction set aside...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Double murder - PW in her deposition stated that she saw accused killing both deceased persons - PW also explained complete incident as well as motive behind it, as she was earlier engaged with one of the accused person - Prosecution clearly establishing guilt of accused persons - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 149, 148, 323, 325 -- Land dispute - Clash at the spur of moment - Accused can only be held liable for their individual acts of causing injuries - Two accused who gave fatal blow convicted and sentenced u/s 302/34 IPC and others held guilty of offence u/s 323 and 324 IPC...........
Indian Penal Code, 1860, Section 302, 324, 149, 143, 147, 148 -- Murder - Acquittal by trial Court - Conviction by High Court - Trial Court acquitted accused on ground of contradictions and discrepancies in deposition of eye witnesses, non-examination of 'N' who was the root cause of quarrel and conflicting version as to injury sustained by accused and that it could not be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Some took part in assault while others actively assisted them - Held, it is not necessary that each one should be assigned independent part played in the beating - If it is found that one of them was a member of the unlawful assembly and that unlawful assembly assaulted the deceased which ultimately caused the..........
Indian Penal Code, 1860, Section 143, 147, 148, 342, 449, 302, 149 -- Murder - Not a rarest of rare case - Extreme punishment of death cannot be imposed - Death penalty converted to rigorous imprisonment for life...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Common object means purpose or design shared by all the members of such assembly - It may be formed at any stage - It must be ascertained from the acts and conduct of the accused persons - Surrounding circumstances are also relevant...........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Caste enmity - PW1 and deceased going on scooter - Attacked by nine accused - Conviction on sole testimony of PW1 - PW1 had only a momentary glimpse of assailants before engine of his scooter stopped - PW1 named only four accused armed with Chhuri, Kulhari and Gupti and in FIR also he assigned specific roles to those..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Common intention - Accused, 14 in number duly armed came to the house of deceased in a group and started assaulting him - Accused were carrying pistols, gandasas, lathies and spears - In the circumstances highly impossible for the informant to pin point the exact overt acts committed by each accused individually -..........
