Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Reduction of sentence - Main injury on the head of accused `L' was caused by accused who has since died - Role of other accused is not as serious as that of accused `L' - All accused had already undergone almost one year of their sentence - Since all accused had faced agony of protracted..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Sole eye witness of incident assigned no role to accused `R' - Accused `R' neither present at the place of incident nor he assaulted deceased - Eye witness named all accused except accused `R' - Trial Court and High Court committed error by convicting accused `R' - Conviction & sentence set aside - Accused `R'..........
Indian Penal Code, 1860, Section 323, 325, 307, 149 -- Offence u/ss 323, 325, 307, 149 IPC - Testimony of complainant is replete with contradictions and is not supported by other witnesses - Complainant stated that his sister-i, law and his cousin also received injuries in the incident but these witnesses not examined by prosecution - PW2 not supported case of complainant..........
Indian Penal Code, 1860, Section 34, 149 -- Distinction - Common intention and common object - Common intention denotes acting in concert by a pre-arranged plan implying a prior meeting of mind - Whereas, common object does not require prior meeting of mind and pre-concert...........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Merely because gun/fire arms could not be sent to ballistic expert/forensic science laboratory for opinion or if the report of ballistic expert though received but not produced, that would not be fatal to prosecution case because there is enormous evidence..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Injuries sustained by accused - Where accused caused injuries to 13 persons and two persons died, if one pellet injury each was sustained by two of accused and one lacerated would was sustained by one accused, it was not unnatural for them to receive such type..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against conviction - Conviction of 12 accused - Deceased was severally beaten and dragged from one house to another - Absence of blood trail on the way through where deceased was dragged by accused was not unnatural as in both the routes, there was mob of 30-35 people and soon..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 148, 149 -- Double murder case - Appeal against acquittal - Acquittal of 18 accused - No specific injury as sustained by deceased was attributed to any of accused - Neither any overt act of causing injury to any of injured witnesses has been attributed to accused - Prosecution failed its case against these accused beyond..........
Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Interested witnesses - Evidence of interested witnesses/eye witnesses is doubtful - Presence of injured witnesses at the occurrence is disputed as neither injuries sustained by them are proved nor their clothes were seized which are alleged to contain the blood stains of deceased..........
Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Acquittal upheld on following grounds: (i) Motive not proved; (ii) Testimonies of eye witnesses and their presence at the spot doubtful; (iii) Delay in making FIR not explained; (iv) Search and seizure doubtful as blood stained clothes of witnesses not seized; (v) Police officer..........
