Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Determination of common object - Object is entertained in human mind and it being a mental attitude no direct evidence can be available and like intention has to be gathered from act which person commits and result thereof - It can reasonably be collected from nature of assembly, arms it carries..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Accused not mere sightseers - Nothing to show that dissuaded the persons from committing the criminal act or withdrew at any point - Eye witnesses identifying and establishing presence - Animosity admitted - Conviction u/s 302 with aid of section 34 and 149 upheld...........
Indian Penal Code, 1860, Section 141, 149, 302 -- Common Object - Unlawful Assembly - Common Intention - U/s 149 prior concert and a common meeting of minds before attack not required - Whether there were five or more person and whether they had common objects as specified under section 141 are the key ingredients to convict accused with the help of section 149 - Common..........
Indian Penal Code, 1860, Section 149, 302 -- Unlawful Assembly - Presence - Liability - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by the common object and that object is one of those mentioned in Section 141 - No conviction when common object is not proved...........
Indian Penal Code, 1860, Section 149, 302 -- Common Object - Unlawful Assembly - Expression 'in prosecution of common object' - Scope and Ambit - Must be strictly construed as equivalent to 'in order to attain the common object' - Must be immediately connected with the common object by virtue of the nature of the object...........
Indian Penal Code, 1860, Section 149, 302 -- Common Object - Definite roles - Not necessary to attribute specific acts to each accused - Conviction to follow if accused is proved to be part of unlawful assembly...........
Indian Penal Code, 1860, Section 149, 302 -- Common Object - Evidence - Proof - Direct evidence not available as it is entertained in human mind - Common object of unlawful assembly can be gathered from the nature of the assembly arms used by them and the behaviour of the assembly at or before the scene of occurrence - Has to be deduced from facts and circumstances of each..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 341, Arms Act, 1959, Section 25(1)(A), Bombay Police Act, Section 135 -- Offence u/ss 302, 143, 147, 148, 149, 341 IPC, Ss.25(1)(A) of Arms Act, S.135 of Bombay Police Act - Anticipatory bail granted by Sessions Court by observing that there was political rivalry and that..........
Indian Penal Code, 1860, Section 302, 149, 323, 149, 148 -- Conviction of six persons - PW 6, injured during incident and two other independent witnesses were eye witnesses - Trial Court relied on their testimony - Non examination of other witnesses does not affect prosecution case - Non explanation of injuries on person of accused not fatal to prosecution case as injuries..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object was only to cause injuries and in course of incident one of accused inflicted knife blow which caused death of one of the victims - Only such accused for his individual act can be convicted for murder and rest of accused cannot be made liable with help of S.149 IPC...........
