Indian Penal Code, 1860, Section 143, 147, 148, 307, 323, 324, 449, 427, 207, 119 -- Common object - Accused person 17 in number, armed with sword, choppers, knife and iron rods allegedly caused death of deceased and injuries to others by assaulting - Deceased received as many as 34 injuries - One of the accused, on seeing injured, exhorted other accused, 'Chase him, Chase..........
Indian Penal Code, 1860, Section 149 -- For 'common object', it is not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment - It is enough if it is adopted by all the members and is shared by all of them - In order that the case may fall under the first part the..........
Indian Penal Code, 1860, Section 149 -- Common object - Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under second part of S.149 IPC if it can be held that the offence was such as the members knew was likely to be committed...........
Indian Penal Code, 1860, Section 149 -- Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - For the purpose of incurring the vicarious liability under the provision, the liability of other members of the unlawful assembly for the offence..........
Indian Penal Code, 1860, Section 149 -- Offence committed by unlawful assembly in prosecution of common object - It is not necessary for prosecution to prove actual role played by each and every member of the unlawful assembly - Each member is guilty of offence committed in prosecution of common object...........
Indian Penal Code, 1860, Section 149 -- Common object - S.149 IPC is in two parts - First part deals with commission of an offence by any member of an unlawful assembly in prosecution of the common object of that assembly and second part deals with commission of an offence by any member of an unlawful assembly in a situation where other members of that assembly know the..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof of - Held, charge u/s 120-B IPC stands proved by showing that two or more persons have agreed to do or cause to do an illegal act or an act which is not illegal by illegal means and that some overt act was done by one of accused in pursuance of same - Where their common object is itself to do an unlawful..........
Indian Penal Code, 1860, Section 149 -- Common object - Prosecution is well within its jurisdiction to establish the charge u/s 149 IPC even after acquittal of two members of the unlawful assembly - However, in order to attract S.149 IPC, it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly and it must be within the..........
Indian Penal Code, 1860, Section 149 -- Common object - In order to attract S.149 IPC, it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly and it must be within the knowledge of other members as one likely to be committed in prosecution of the common object - If the members of the assembly knew or were aware of the..........
Indian Penal Code, 1860, Section 302 -- Accused acquitted on the grounds viz: (1) Improvement with due deliberation in statement recorded in Court when compared with that recorded u/s 164 Cr.P.C.; (2) Prosecution not sure of actual place of occurrence; (3) Variance in detail of injuries suffered on material aspects between prosecution witnesses and medical evidence; (4) No..........
