Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Prosecution witnesses clinchingly demonstrated how the accused persons formed an unlawful assembly at a particular spot with deadly weapons like guns and pistols and that all had fired at the injured and deceased - The number of injuries on the deceased as per the Post Mortem report as well as the firearm injuries..........
Criminal Procedure Code, 1973, Section 218 -- Framing of joint charges - "Same transaction" - Determination of - Held, such a determination is a question of fact that has to be determined in the circumstances of the case having regard to the factors such as proximity of time and place and continuity of action and purpose or design - In present case, considering the..........
Indian Penal Code, 1860, Section 376(2)(g) - - Gang rape - Contention that petitioner was merely present and he had not indulged in any overt act, provisions of S.376(2)(g) cannot be invoked - Held, on perusal of the provisions of S.376(2)(g), which is with regard to gang-rape, and Explanation 1, it is clear that where a women is raped by one or more in a group of persons..........
Indian Penal Code, 1860, Section 149 -- Constructive liability - Mere presence in an unlawful assembly cannot 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 S.141 IPC - Where common object of an unlawful assembly is not proved, accused persons cannot be convicted with the help of..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Both are different - Common object does not require a prior concert and a common meeting of mind before the attack - It is enough if each has the same object in view and their number is five or more and they act as an assembly to achieve that object - For determination of the common object of..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Principles governing : (1) Ordinarily a litigant does not stand to benefit by lodging an appeal late; (2) Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC is applicable even if no injury has been caused by the particular accused himself - For applying S.34 it is not necessary to show some overt act on the part of accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused fired a shot at deceased which resulted in instant death - Brother of accused was present at the place of occurrence - No evidence that he was armed - No overt act attributed to him - He was coming from a different direction - Held, question of his sharing common intention was not there -..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 323, 325 -- Conviction - Nature of offence - Common objection of unlawful assembly was only to cause grievous hurt - No intention to cause death as lathis were not wielded on vital parts of body of deceased - Conviction and sentence modified...........
Indian Penal Code, 1860, Section 420 -- Inducing common public to part with money on the lure of doubling the amount - The representation was false, the maker of the representation was aware that the representation was not true and by such representation, he deceived the victim to believe the representation to be true and actuated him to act on such representation - S.415..........
