Criminal Procedure Code, 1973, Section 100 -- Independent witnesses - Joining of - Recovery of weapon of offence - Knife recovered during investigation - No public witness joined by police before effecting recovery - Held, immaterial - Common man is reluctant to join such raiding parties organized by the police, lest they are compelled to attend police station and courts..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Indian Penal Code, 1860, Section 34 -- Common intention - No overt act attributed to appellant - If participation of accused in crime is proved and common intention is absent, then S.34 IPC cannot be invoked...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Common intention - Accused after dragging deceased in the gate, suddenly took out a knife from his back pocket and assaulted the deceased - No evidence that co-accused facilitated accused to cause knife injuries to the deceased - No evidence that co-accused were having knowledge that accused was holding a knife in..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Unlawful assembly - Seven accused armed with lethal weapons, two with guns and others with spear, farsa, lathi etc. arrived at the land in dispute - One of the accused fired at the deceased - From the nature of weapons it is clear that as members of unlawful assembly they were determined to teach a..........
Indian Penal Code, 1860, Section 149 -- Common object - Two ingredients are : (i) the commission of an offence by any member of an unlawful assembly and (ii) such offence must be committed in prosecution of the common object of the assembly or must be such as the members of that assembly knew to be likely to be committed in prosecution of the common object - Once it is..........
Indian Penal Code, 1860, Section 149 -- Common object - Does not require a prior concert and a common meeting of minds before the attack - It is enough if each member of the unlawful assembly has the same object in view and their number is five or more and that they act as an assembly to achieve that object...........
Indian Penal Code, 1860, Section 149 -- Common object - Can be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances - It may be gathered from the course of conduct adopted by the members of the assembly - For determination of the common object of the unlawful assembly, the conduct of each of the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(viii) -- Shamlat Deh vesting in Panchayat - Ejectment order passed against petitioners u/s 7 of the Act, which order attained finality - Petitioners filed petition u/s 13(a) of the Act, praying for declaration that land in dispute does not vest in Gram Panchayat as it is recorded in individual cultivating..........
Indian Penal Code, 1860, Section 34 -- Common intention - Two or more accused should be present and two factors must be established i.e. common intention and participation of the accused in the crime - Provision of S.34 IPC involves vicarious liability and therefore, if intention is proved but no overt act is committed, the section can still be invoked...........
