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 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 - Death sentence - Some of accused were sentenced to death by trial Court for committing the gruesome murders of three youngsters in a barbaric manner - However,..........
Indian Penal Code, 1860, Section 149 -- Offence u/s 149 IPC - Conviction with the aid of S.149 IPC can be only in case where at least two witnesses speak about the involvement of person...........
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 - Names of accused `H' and accused `L' was only mentioned by one witness - Conviction with the aid of S.149 IPC can be only in case where at least two witnesses..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - FIR u/s 174-A IPC was registered in view of fact that accused was declared as proclaimed offender in proceeding u/s 138 of N.I. Act - Once main case u/s 138 of N.I Act was dismissed for want of prosecution,..........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - If complainant is required to be re-examined, Court needs to pass a specific order either on application u/s 145(2) of the Act or suo-moto by the Court...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice returned for reason that addressee not found cannot be held against respondent - Thus, contention of accused that complainant has not complied mandatory requirement contemplated u/s 138(b) of the Act held, not tenable...........
