Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 307, 452, 148, 149 -- Conviction u/ss 307/452/148/149 IPC - Appeal against - Suspension of conviction - Conviction stayed till final disposal of appeal to save appellant from suspension from service...........
Indian Penal Code, 1860, Section 302, 304 Part II, 323, 326, 149 -- Group of five persons armed with sticks, whips and choppers assaulted rival group resulting in death of one and bodily injuries to others - Evidence of eye witnesses discarded for reason that they were related and interested witnesses - For want of independent witness to prove existence of common object..........
Indian Penal Code, 1860, Section 149 -- To attract the provision it is not necessary that an overact must be committed by all the accused persons - What is necessary is formation of an unlawful assembly and knowledge of the persons thereof about consequences arising from doing an act which amounts to offence...........
Indian Penal Code, 1860, Section 149 -- Common object - Is different from common intention - In the former no prior consent is required, nor a prior meeting of minds before the attack would be required whereas an unlawful object can develop after the people get there and there need not be a prior meeting of minds...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere presence of an accused in unlawful assembly cannot render him liable unless there was common object and he was actuated by that common object - Where common object of an unlawful assembly is not proved, accused persons cannot be convicted with the help of S.149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Definite roles not ascribed to the accused - It is not necessary for the prosecution to prove which of the members of the unlawful assembly did which or what act - Mere presence in the unlawful assembly may fasten vicariously criminal liability u/s 149 IPC...........
Indian Penal Code, 1860, Section 148, 304 Part I, 149 -- Deceased assaulted severely by five accused - PW3 who was accompanying him saw the occurrence - On hearing about assaults, informant, elder brother of deceased and PW2, wife of deceased went to he spot - FIR lodged immediately in which names of five accused indicated - High Court held that witnesses on whose evidence..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Conviction based on circumstantial evidence - Dead body found lying in field - Recovery of weapons of offence i.e. crowbar and axe at instance of accused and weapons wearing human blood - Evidence failing to establish that weapons of offence were recovered at instance of accused - Blood group of blood on weapons could not..........
Indian Penal Code, 1860, Section 149 -- Identity of four out of presence of five persons established - S.149 is applicable - It is not required that all five persons must be identified - Requirement to establish is presence of five persons with a common intention of doing an act...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Murder by more than five persons - Definite roles not attributed to accused - Section 149 applies - Not necessary to prove which of the members of the unlawful assembly did which or what act...........
