Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 149 -- Common object - There must be reasonable direct or indirect circumstances which lend assurance to prosecution case that they shared common object of unlawful assembly...........
Indian Penal Code, 1860, Section 302, 324, 149, 147, 148, 201 -- Murder - Common object - Accused was carrying no weapon and he did not assault anybody - Only evidence of his involvement is that he pointed to the house where deceased was hiding - Mere fact that accused was not brave enough to conceal where victim was hiding did not make him a part of unlawful assembly -..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 14 -- Murder - Accused took deceased to a doctor which shows absence of intention to kill him - However, absence of intention to kill is not relevant as injuries found by PW3 on the face of deceased which were not the ante mortem injuries establish that before throwing the body of the deceased in a..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - If an unlawful assembly is formed with common object of committing an offence and if that offence is committed in prosecution of object by any member of unlawful assembly, all the members of assembly will be vicariously liable for that offence even if one or more but not all committed the offence -..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - Common object is different from common intention as it does not require a prior concert and a common meeting of minds before the attack - It is enough if each has same object in view and their number is five or more and that they act as an assembly to achieve the object...........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - If an unlawful assembly is formed with common object of committing an offence and if that offence is committed in prosecution of object by any member of unlawful assembly, all the members of assembly will be vicariously liable for that offence even if one or more but not all committed the offence -..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - Common object is different from common intention as it does not require a prior concert and a common meeting of minds before the attack - It is enough if each has same object in view and their number is five or more and that they act as an assembly to achieve the object...........
