Indian Penal Code, 1860, Section 302, 149, 148, 452 -- Seven accused armed with guns and pistols entered into house of informant at about 9.30 p.m. and fired shots at informant's son who died on spot - Conviction of all seven accused - Eye witnesses family members - Though eye witnesses were interested and partisan but they made consistent and natural statements - FIR..........
Indian Penal Code, 1860, Section 302, 149 -- Deceased travelling in a bus after attending a murder trial - Accused armed with fire-arms intercepted the bus, boarded it and fired at deceased - Six persons died in the bus and two chased and killed in a house - PW 1 and PW 2 hid themselves and managed to escape - Bus not seized and its driver and conductor not examined - Eye..........
Indian Penal Code, 1860, Section 302, 307, 326, 149 -- Unlawful assembly - Common object was limited to attack PW5 and deceased and not to murder deceased - Even if death is caused accused who infact inflicted injury on deceased could be convicted for murder and rest of accused are liable to be convicted u/ss 307/149, 326/149, 325/149 etc...........
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 - It is not really necessary to determine as to which of the accused persons forming part of the unlawful assembly inflicted what particular or specific injury in the course of the occurrence - Actual conviction of less than five, or that, case projected certain one or more persons as having inflicted injury but the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Evidence established that accused formed an unlawful assembly common object of which was to kill deceased - Acquittal of accused who actually fired shot at deceased, would not wipe out application of S.149 IPC...........
Indian Penal Code, 1860, Section 302, 302, 149 -- Appellant armed with country made gun, pistol and some rifles came to field of deceased, demanded a bag of parwal as Rangdari Tax - Refusal of deceased to yield to demand of accused - Accused fired at deceased - Eye witnesses closely related to each other - Medical evidence contradicted evidence of eye witnesses - Witnesses..........
Indian Penal Code, 1860, Section 147, 302, 149 -- Murder - Eleven accused - Acquittal by trial Court - Conviction of six by High Court - Murder while deceased was grazing cattle in field - PW1 nephew and PW2 brother of deceased eye witnesses - Trail Court found presence of eye witnesses doubtful and noticing contradictions between ocular evidence and medical evidence..........
Indian Penal Code, 1860, Section 149 -- Unlawfully assembly - Once a person is found to be member of unlawful assembly and participates in commission of an offence in prosecution of common object of that unlawful assembly, he cannot escape liability by plea that he did not cause serious injury...........
Indian Penal Code, 1860, Section 149 -- Common object - May be formed by express agreement after mutual consultation, but that is by no means always 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 or abandoned..........
