Indian Penal Code, 1860, Section 149 -- Common object - To demonstrate common object, there can never be direct evidence and it will have to be culled out from the entirety of facts and circumstances of case if there existed any common object and the very offence committed in persecution of common object...........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34 -- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No previous enmity between..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 243 days in filing appeal by State - No explanation worth the name is offered to condone the delay - Court cannot treat the State differently than a common litigant and even if some leverage is given to State for procedural delays, it would be absurd to stretch the principle to condone unexplained delay..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Accused went to the house of complainant armed with gun and lathis - This visit was preceded by a scuffle which had taken place just before that - All accused came with clear motive in mind to bodily harm the members of complainant family with common objective - A calculated action was spearheaded -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused who participated in crime with A-1 acquitted - Vicarious liability u/s 34 IPC would not be attracted so as to hold A-1 liable for offence u/s 302 IPC with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common intention - If a person is not present at the spot, question of common intention does not arise...........
Indian Penal Code, 1860, Section 34 -- Common intention - Can be conceived immediately or at the time of offence and can be gathered from the circumstances that are brought on record by prosecution - Applicability of S.34 IPC is a question of fact and is to be ascertained from the evidence brought on record...........
