Indian Penal Code, 1860, Section 302, 149, 34 -- Charge u/s 302 r/w 149 but conviction u/s 302 r/w 34 - Not illegal - Accused can be convicted with aid of S.34 instead of S.149 if there is evidence on record to show that accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of S.34 IPC in..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Awareness as to commission of an offence by a member of an unlawful assembly - Depends upon facts and circumstances of each case - Background of the incident, the motive, the nature of the assembly, the nature of the arms carried by the members of the assembly, their common object and the behaviour of the members..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - If death is caused in prosecution of the common object of an unlawful assembly, it would not be necessary to record a definite or specific finding as to which particular accused out of the members of the unlawful assembly caused the fatal injury...........
Indian Penal Code, 1860, Section 148, 149, 323, 324, 325, 326, 447 -- Accused in possession of land - Accused H exceeding right of private defence - Conviction of H sustained u/s 304 Part I - Charges against others not established since all of them inflicted injuries on members of complainant party in exercise of their right of private defence and all of them acquitted...........
Indian Penal Code, 1860, Section 307, 149, 148 -- Alteration of conviction - Conviction u/ss 307, 149, 148 - Gun shot at leg - No evidence that injury is sufficient to cause death - Gunfire not repeated inspite of ample opportunity - Conviction u/ss 307/149 not sustainable - Conviction altered to one u/s 326 for causing grievous hurt by dangerous weapon...........
Indian Penal Code, 1860, Section 149, 302, 304 Part I, 323, 325 -- Murder - Blow with 'aruval' - Origin and genesis of occurrence withheld by prosecution - Doubt as to institution of FIR - Informant did not say that he had ever gone to police station - Accused arrested from hospital - Prosecution could not explain as to why accused had gone to hospital - Evidence..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Related witnesses - Consistent version regarding incident given - Medical evidence prove that two deceased sustained series of injuries which resulted in death - Motive also spoken of by witnesses - No delay in dispatching FIR to Magistrate - All these facts inspire confidence in the prosecution case - Conviction calls..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Appreciation of evidence - Contradictions - Discrepancies in the previous statements of PW5 and PW6 as set up in FIR case as also the statement recorded under Section 161 and 175 Cr.P.C. as against statements in court, cannot be reconciled - Not only name of `R' added in statement in Court but also fatal blow..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If death is caused in prosecution of common object of an unlawful assembly, it is not necessary to record a definite and specific finding as to which particular accused out of the members of the unlawful assembly caused the fatal injury - Once an unlawful assembly has come into existence, each member of the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - May be commission of one offence while there may be likelihood of the commission of yet another offence, the knowledge whereof is capable of being safely attributable to the members of the unlawful assembly - In either case every member of the assembly would be vicariously liable for the offence..........
