Indian Penal Code, 1860, Section 149 -- Common object - Formation of an unlawful assembly with common object is basic ingredient for invoking S.149 of the Act...........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Once formation of unlawful assembly at the time of committing offence is established, question of specific role of an individual member of assembly is rendered secondary - Prosecution, thus, need not prove any specific over act on part of each and every member of that..........
Indian Penal Code, 1860, Section 304(Part1), 302, 325, 147, 148, 149 -- Nature of offence - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Manner of execution of its object by assembly with dragging of deceased by legs and merciless thrashing,..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Medical report supported ocular evidence - Manner of causing death of deceased makes it clear..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim herself followed accused and went with him in a public transport - No objection made by victim at any point of time - FIR lodged after gross and undue delay of 20 days for which no explanation is forthcoming - Omission in belated FIR that accused subjected to victim to sexual assault is far too significant to be..........
Indian Penal Code, 1860, Section 363, 366, 342 -- Kidnapping - Victim herself followed accused while accepting his offer for watching a movie - Necessary ingredients of offences u/ss 363, 366, 342 IPC therefore, not made out from admitted allegations of prosecution - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Injured child witness categorically stated that accused pushed her and her hand broke down when she fell down - FIR lodged next day of incident, as police station is 25 kms away from place of incident and there is no conveyance to reach at Police Station - Doctor who examined victim found fracture in left hand..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Reduction of sentence - Accused sentenced to undergo 1 year R.I and fine of Rs.200 - He only pushed the child victim - No doubt accused intentionally pushed victim but he was not in knowledge that victim would suffer grievous hurt when she fell down - Accused already undergone more than 5 months in custody which..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Evidence of PW1 and PW3 regarding injuries caused by accused `S' and `J' is clear and unambiguous - Medical evidence corroborates the same - Grievous injury on head of PW3 has been attributed to accused `N' - Injury on left arm which resulted in a fracture and was attributed to accused `J' - One lathi..........
Indian Penal Code, 1860, Section 307, 308 -- Nature of offence - Accused `N' gave an iron rod blow on head of PW1 - Injury caused to PW1 was simple in nature - There was no attempt to repeatedly hit him - Act of accused `N' after arrival of four family members of PW1 in inflicting and causing injury to PW3, which doctor opined as being dangerous to life does not come..........
