Indian Penal Code, 1860, Section 149, 141 -- Common object is different from common intention - 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 that they act as an assembly to achieve that object - 'Common object' of an assembly is to be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Mere presence in an unlawful assembly does not 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 section 141 - It is not necessary that common object may be formed by express agreement - It may be formed at..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - It cannot be laid down as a general proposition of law 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 such an assembly - The only thing required is that he should have understood that the assembly was..........
Indian Penal Code, 1860, Section 302, 149 -- Eight accused came in a jeep duly armed and they assaulted the deceased and prevented others from going near the deceased - Jeep kept started - Held, these facts show that accused had common object - Accused rightly convicted and sentenced to life imprisonment with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 302, 149 -- Murder by 8 accused - Absence of specific overt act by each of them - Held, it is not necessary for the prosecution to establish as to the specific overt act done by each accused...........
Indian Penal Code, 1860, Section 302, 149, 384, 149, Arms Act, 1959, Section 27 -- 18-20 persons came armed with fire arms - Five male members of family surrounded - Their hands tied and demanded their gun - An offence u/s 384/149 is clearly made out - The deceased were then taken away and soon thereafter gun shots were heard and deceased were found to be shot dead in the..........
Indian Penal Code, 1860, Section 149 -- Large number of persons present - In such a case, it is safe to convict only those persons against whom overt act is alleged with aid of Section 149 IPC - This is a rule of caution and not rule of law...........
Indian Penal Code, 1860, Section 302, 149 -- Ten accused armed with barchhas assaulted prosecution party - One of the victims assaulted on chest and forehead died and victims PW1, 2, 4 and 7 sustained injuries - Defence contention that prosecution case was a counter blast to the case got registered by accused persons and that injury on the person of some of the accused..........
Indian Penal Code, 1860, Section 302, 148, 302, 149 -- Gun shot - Three eye witnesses - Eye witnesses named in FIR which was promptly lodged - Long standing enmity not enough to reject testimony of witnesses unless other circumstances render it unworthy of credence - Mere strained relations between accused and deceased is not sufficient to establish false implication of..........
Indian Penal Code, 1860, Section 148, 149, 302, 304 Part II, 323, 325 -- Conviction of nine accused - Well in dispute and electricity motor lying therein belonged to accused - Complainant party was the aggressor - Accused also sustaining injuries and prosecution not explaining injuries on the person of accused - Genesis of incident rendered doubtful - Accused 'H' and 'K'..........
