Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506, 148.149, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Out of 22 PWs only 2 witnesses have been examined - Factum of complainant not supporting case of prosecution would be subject matter of trial - Conclusion of trial is likely to take time - Bail application held,..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
Indian Penal Code, 1860, Section 302, 34, 149 -- Double murder case - Non-applicability of S.149 IPC is no bar in convicting accused u/s 302 IPC r/w S.34 IPC provided there is evidence which discloses commission of offence in furtherance of common intention...........
Indian Penal Code, 1860, Section 149, 34 -- Difference between S.149 IPC and S.34 IPC - S.34 IPC does not by itself create any offence whereas S.149 IPC does...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted -..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - Fight between two groups by exchanging gun shots - 11 accused convicted - Eight co-accused were acquitted by High Court u/ss 302, 149 IPC - Charge u/s 149 IPC collapsed against rest of 3 accused, as there could be no unlawful assembly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Indian Penal Code, 1860, Section 34, 149 -- Common object and common intention - Distinction - Common object is different from common intention as it does not require a prior concert and common meeting of minds before the attack - Common object of an assembly is to be ascertained from the acts and language of members composing it and form a consideration of all surrounding..........
